Penalties and procedure.

1. (1) An employer who fails to submit draft standing orders as required by Section 3 or who modifies his standing orders otherwise than in accordance with Section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
2. (2) An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.
3. (3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.
4. (4) No Court inferior to that of 29[a Metropolitan or Judicial Magistrate of the second class] shall try any offence under this section.

30[13-A. Interpretation, etc., of standing orders.--If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman [or a trade union or other representative body of the workmen] may refer the

13-B. Act not to apply to certain industrial establishments.--Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal)Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defense Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations than may be notified in this behalf by the appropriate Government in the Official Gazette, apply.]

Sub., by Act no. 18 of 1982 (w.e.f. 17-5-1982) Ins. by Act No. 36 of 1956, S. 32 (w.e.f. 10.3.1957). Ins. by Act No.18 of 1982 (w.e.f. 17-5-1982).