Penalty for minor procedural lapses

Labour202640 sections

Statutory text

(1) Any violation of the provisions in sections or rules made under this code, other than those mentioned in sub-section (1) of Section 33 of this code would be deemed to be a minor procedural lapse, for which a penalty up to rupees 5000/- may be imposed by the Competent Authority.
(2) The Facilitator shall, before invoking any initiation of proceeding by the Competent Authority for a lapse under sub-section (1), issue a compliance notice specifying the lapse and affording the employer a period of not less than sixty days to rectify the same. Upon satisfactory rectification within the said period, no further proceeding shall be initiated or continued and the matter shall be deemed to be closed. Such compliance notice shall not be applicable if the same default is observed again within a period of one year.
(3) The penalty shall be imposed by a Competent Authority, who shall not be below the rank of Assistant Labour Officer.

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