The Jammu and Kashmir Shops and Establishments (Licensing, Regulation of Employment and Conditions of Service) Act, 2025
Chapter VIII OFFENCES AND PENALTIES
Chapter VIII OFFENCES AND PENALTIES
25. Penalties for Contravention of provisions of the Act:-
(1). Whoever contravenes the provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to fifty thousand rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand rupees for every day during which such contravention continues:
Provided that the total amount of fine shall not exceed two thousand rupees per worker employed with a minimum fine of Rupees One thousand per worker employed.
- (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, shall be punishable on a subsequent conviction with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.
Chapter VIII OFFENCES AND PENALTIES
26. Obstruction to the Inspector-cum-Facilitator.
- (1) Whoever willfully obstructs an Inspector cum Facilitator in exercise of any powers conferred on him by or under this Act or refuses or willfully neglects to afford the Facilitator any reasonable facility for making any inspection, examination, inquiry or investigation authorized by or under this Act in relation to a shop or an establishment, shall be punishable with fine which may extend to two lakh rupees,
- (2) Whoever willfully refuses to produce on the demand of an Inspector cum Facilitator 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 acting in pursuance of his duties under this Act, shall be punishable with fine which may extend to two lakh rupees: Provided that the total amount of fine shall not exceed two thousand rupees per worker employed with a minimum fine of Rupees One thousand per worker employed.
Chapter VIII OFFENCES AND PENALTIES
27. Cognizance of Offences.
- (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 Inspector cum Facilitator within three months of the date on which the alleged commission of the offence came to the knowledge of the Inspector cum Facilitator and a complaint is filed in that regard thereby: Provided that where the offence consists of disobeying a written order made by a Inspector cum Facilitator, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.
- (2) Assistant Labour Commissioner shall try any offences punishable under this Act or the rules made there under.
Chapter VIII OFFENCES AND PENALTIES
28. Compounding of Offences.
- (1) The Labour Commissioner or any officer not below the rank of Assistant Labour Commissioner, if so authorized by the Labour Commissioner, by notification generally or specially, may accept from any person who is reasonably suspected of having violated any of the provisions of Act and rules made there under, a sum of money which shall not be less than fifteen thousand and which may extended to one lakh rupees by way of composition of offence or offences. 2. On the composition of the offence, no further action in respect thereof shall be taken against the person accused of it and if any proceedings have already been instituted against him before any competent authority, the composition shall have the effect of acquittal of such person.
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