Chapter X OFFENCES AND PENALTIES

52. (a) If any employer fails to send to the Inspector a statement within the period specified in section 7 79[or fails to apply for the renewal of his registration certificate as required by sub-section (6) of section 7 ] or to notify a change within the period specified in section 8 or to notify the closing of his establishment under section 9; or

1. (b) if in any establishment there is any contravention of any of the provisions of section 10, 11, 13, 18, 19, 20, 26, 27, 39, 40, 41, or 42 or any orders made thereunder ; or
2. (c) if in any establishment any person is required or allowed to work in contravention of section 14, 15, 16, 17, 21, 22, 23, 24, 28, 29, 30, or 31; or
3. (d) if in any establishment a child or young person or woman is required or allowed to work in contravention of section 32, 80[33, 34. or 34A) ; or] 81[(e) if any employer or manager contravenes the provisions of section 51 or any employer contravenes the provisions of section 62 or 65 ; or ]
4. (f) if in any establishment there is any contravention of any section, rule or order for which no specific punishment is provided in this Act, the employer and the manager shall, on conviction, each be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees: 82[Provided that, if the contravention of any of the provisions of section 7 is continued after the expiry of the fifteenth day after conviction, the employer shall on conviction be punished with a further fine which may extend to ten rupees for each day on which the contravention is so continued.]

53.

Employee contravening sections 18(2), 24, 31 and 65 54. If an employee contravenes the provisions of sub-section (2) of sections 18, 24, 31 or 65, he shall, on conviction, be punished with fine which shall not be less than ten rupees and which may extend to fifty rupees.

55. If any employer or manager with intent to deceive makes, or causes or allows to be made, in any register, record or notice prescribed to be maintained under the provisions of this Act or the rules made thereunder, an entry which, to his knowledge, is false any material particular, or wilfully omits, or causes or allows to be omitted, from any such register, record or notice, an entry which is required to be made therein under the provisions of this Act or the rules made thereunder, or maintains or causes or allows to be maintained, more than one set of any register, record or notice except the office copy of such notice, or sends, or causes or allows to be sent, to an Inspector, any statement, information or notice prescribed to be sent under the pro- visions of this Act or the rules made thereunder, which, to his knowledge, is false in any material particular, he shall, on conviction, be punished with fine which shall not be less than fifty rupees and which may extend to two hundred and fifty rupees :

Enhanced penalty in certain cases after previous conviction 56. If any employer and manager who have been convicted of any offence under sub- section (1) of section 10, 11, 13, 14, 18, 19, 24, 31 or 34 or under sub- section (2) or (3) of section 14 or under section 55 or under section 21, 26, 28, 32, 83[33, 34A], 51, 57, 62 or 65, arc again guilty of an offence involving a contravention of the same provision, they shall each be punished on the second conviction with fine which shall not be less than fifty rupees and which may extend to five hundred rupees; and if they are again so guilty, they shall each be punished on the third or any subsequent conviction with fine which shall not be less than seventy-five rupees and which may extend to seven hundred and fifty rupees: Provided that if both the employer and the manager arc convicted, the aggregate of the fine in respect of the same contravention shall not exceed five hundred rupees on second conviction and seven hundred and fifty rupees on third or any subsequent conviction : Provided further that, for the purposes of this section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished : Provided also that the Court, if it is satisfied that there are exceptional circumstances warranting such a course, may, after recording its reasons in writing, impose a smaller fine than is required by this section.

Whoever wilfully obstructs an Inspector in the exercise of any power under section 49, or conceals or prevents any employee in an establishment from appearing before or being examined by an Inspector, shall, on conviction, be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees.

1. (1) Where the owner of an establishment is a firm or other association of individuals, any one of the individual partners of members thereof may be prosecuted and punished under this Act for any offence for which an employer in an establishment is punishable : Provided that the firm or association may give notice to the Inspector that it has nominated one of its members who is resident in the 84[ State] to be the employer for the purposes of this Act and such individual shall so long as he is so resident be deemed to be the employer for the purposes of this Act. until further notice cancelling the nomination is received by the Inspector or until the ceases to be a partner or member of the firm or association. (2) Where the owner of an establishment is a company, any one of the directors thereof, or in the case of a private company, any one of the she a holders thereof, may be prosecuted and punished under this Act for any offence for which the employer in the establishment is punishable : Provided that the company may give notice to the Inspector that it has nominated a director, or, in the case of a private company a share holder who is resident in the 84[State] to be the employer in establishment for the purposes of this Act; and such director or share holder shall so long as he is so resident be deemed to be the employer in the establishment for the purpose of this Act, until further notice cancelling his nomination is received by the Inspector or until he ceases to be a director or share- holders.

1. (1) Where the employer or manager of an establishment is chared with an offence against this Act or the rules or orders made thereunder, he shall be entitled upon complaint duly made by him to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer or manager of the establishment proves to the satisfaction of the Court- (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge consent or connivance, that other person shall be convicted if the offence and shall be liable to the like fine as if he were the employer or manager, and the employer or manager shall be discharged from any liability under this Act. (2) When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings, (a) that the employer or manager of the establishment has used all due diligence to enforce the execution of this Act. (b) by what person the offence has been committed, and (c) that it has been committed whithout the knowledge, consent or connivance of the employer or manager, and in contravention of his orders, the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding, against the employer or mamager, of the establishment, and such person shall be liable to the like fine as if he were the employer or manager.

If any specified person has been required or allowed to work whether as an employee or otherwise in an establishment, before the commencement of the Bombay Shops and Establishments (Gujarat Amendment) Act, 1980 (hereinafter referred to as "the Amending Act") and such act of requiring or allowing such specified person to so work was not a contravention of section 32 before such commencement, then nothing contained in this Act as amended by the amending Act, shall be deemed, to render the continuance of the Act of requiring or allowing such person to so work after such commencement, a contravention of section 32. Explanation.-For the purposes of this section "specified person" means a person who at the time when he was required or allowed to work whether as an employee; or otherwise in an establishment had completed his twelfth year but had not completed his fourteenth year.)

1. (1) No prosecution under, this Act or the rules or orders made thereunder shall be instituted except by an Inspector and except with the previous sanction of the 86[District Magistrate ] or the local authority, as the case may be : Provided that any local authority may direct that the powers conferred on it by this sub-section shall, in such circumstances and subject to such conditions, if any, as may be specified in the direction, be exercised by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation, by its Municipal Commissioner 88[or Deputy Municipal Commissioner] 89[or by any other officer as may be specified in the direction.] (2) No Court inferior to that of 90[ * * * ] a Magistrate of a econd Class shall try any offence against this Act or any rule or order made thereunder.

61. No court shall take congnizance of any offence under this Act or any rule or order made thereunder, unless complaint thereof is made within 91[three months from the date on which the alleged commission of the offence came to the knowledge of an Inspector.]