The Kerala Headload Workers Act, 1980
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27. Penalt, for obstructions
(1) Whoever obstructs any Inspector or Assistant Labour Officer or Conciliation Officer or Appellate Authority in the discharge of his or its duties under this Act or refuses or willfully neglects to afford any Inspector reasonable facUities for making any inspection, examination or inquiry authorized by under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever willfully refuses to produce on the demand of an Inspector or a Conciliation Officer or an appellate authority any register or other document kept in pursuance of this Act or prevents or aftempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by, an Inspector or a conciliation Officer or an appellate authority acting in pursuance of his or its duties under this Act, shall be punishable with imprisonment for a term, which may extend to six months, or with fine which may extend to one thousand rupees or with both.
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28. Penalty for making false statement, etc.
Whoever for the purpose of avoiding any payment to be made by him under this Act or under a Scheme or for enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment, for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
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29. Other penalties
Whoever contravenes or makes default in complying with any of the provisions of this Act or a Scheme or of any rule made under this Act shall, if no other penalty is elsewhere provided by or under this Act for such contravention or noncompliance, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and, in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for any day during which such contravention continues after conviction for the first such contravention.
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30. Enhanced penalty after previous conviction
lf any person who has been convicted of any offence punishable under this Act is again found guilty of an offence involving a contraventiorv of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both,
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31. Offences by Companies
(1) Where 'an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, 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 subi (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 is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the Company, such Director,Manager, Secretary or 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 purposes of this section:- company means any body corporate and includes a firm, or other association of individual: and "Directof in relation to a firm, meansa partner in the firm.
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32. Cognizance of offences
No court shall take cognizance of any offence punishable under this Act, except on complaint made by or with the previous sanction in writing of, the Government or an officer authorized by the Government in that behalf, and no court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act.
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33. Limitation of prosecutions
No court shall take cognizance of an offence punishable under this Act unless complaint thereof is made within three months from the dale on which the alleged commigsion of the offence comes to the knowledge of the Government or the officer authorized under S.32.
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