Page 93 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Offences by Companies

(1) If the person committing an offence under this Act is a company, the company as well as
every person in charge of, and responsible to, the company for the conduct of its business
at the time of commission of the offence shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
PROVIDED that nothing contained in this sub-section shall render any such person liable
to any punishment if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or that the commission of the offence is attributable
to any neglect on the part of any director, manager, managing agent or any other offi cer

of the company, such director, manager, managing agent or such other officer shall also
be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

Explanation: For the purpose of this section-

(a) “company” means any body corporate and includes a firm or other association of
individuals; and

(b) “director”, in relation to a firm, means a partner in the fi rm.
Cognizance of Offences

No court shall take cognizance of any offence under this Act except on a complaint made by, or
with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency
Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

Limitation of Prosecutions

No court shall take cognizance of an offence punishable under this Act unless the complaint
thereof is made within three months from the date on which the alleged commission of the
offence came to the knowledge of an inspector:
PROVIDED that where the offence consists of disobeying a written order made by an inspector,
complaint, thereof may be made within six months of the date on which the offence is alleged to
have been committed.

Inspecting Staff

(1) The appropriate government may, by notification in the Official Gazette, appoint such

persons as it thinks fit to be inspectors for the purposes of this Act, and define the local
limits within which they shall exercise their powers under this Act.
(2) Subject to any rules made in this behalf, an inspector may, within the local limits for which
he is appointed-
(a) enter, at all reasonable hours, with such assistance (if any), being persons in the
service of the government or any local or other public authority as he thinks fi t, any
premises or place where contract labour is employed, for the purpose of examining
any register or record or notice required to be kept or exhibited by or under this Act
or rules made thereunder, and require the production thereof for inspection:

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