Chapter X OFFENCES AND PENALTIES

1. (1) Whoever, contravenes the provisions of this Act or the rules made thereunder shall be punishable with fine which

such contravention continues:

1. (2) If any person who has been convicted of any offence punishable under sub-

section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punished on a subsequent conviction with fine which may extend to twenty thousand rupees.

Save as otherwise expressly provided in this Act, where an employer on being held guilty of contravention of any of the provisions of this Act or any rules made there-under which has resulted in an accident causing serious bodily injury or death of a worker, he shall, on conviction, be punished with fine which shall not be less than twenty-five thousand rupees and which may be extended upto one lakh rupees.

1. (1) Whoever, wilfully

Inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorized by or under this Act in relation to an establishments, shall, on conviction, be punished with fine which may extend to ten thousand rupees.

1. (2) Whoever, wilfully refuses to produce on the demand of a Facilitator-cum-

Inspector any register or other document kept in pursuance of this Act or the rules made thereunder or prevents or attempts to prevent or does anything which he has reason to believe to prevent any person from appearing before, or being examined by, a Facilitator-cum-Inspector acting in pursuance of his duties under this Act, shall, on conviction, be punished with fine which may extend to ten thousand rupees.

1. (1) No court shall take cognizance of any offence punishable under this Act and the rules made thereunder unless a complaint in respect thereof is made by the Facilitator-cum-Inspector within six months of the date on which the alleged commission of the offence came to the knowledge of the Facilitator-cum- Inspector.
2. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act or the rules made thereunder.

1. (1) Any offence punishable under this Act, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted Officer, as the State Government may, by Notification, specify, with fine provided for such offence, in the manner as may be prescribed.
2. (2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date—
   • (a) of commission of a similar offence which was earlier compounded;
   • (b) of commission of similar offence for which such person was earlier convicted.
3. (3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the State Government.
4. (4) Every application for the compounding of an offence shall be made in such form and manner as may be prescribed.
5. (5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
6. (6) Where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought by the officer referred to in sub-section
7. (1) in writing, to the notice of the Court in which the prosecution is pending and on such notice of the compounding of the offence being given, the person against whom the offence is so compounded shall be discharged.
8. (7) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine.
9. (8) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section.