Recovery by way of penalty

Recovery by way of penalty.

1. (1) Any employer who fails to comply with any of the provisions of this Act or any scheme made thereunder shall, on conviction, be punished—
   • (a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both;
   • (b) for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;
   • (c) where the offence continues after conviction, with a further fine which may extend to one hundred rupees for each day on which the offence is so continued.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under sub-section
3. (1) shall be tried in a summary way by a Judicial Magistrate of the First Class and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial.