Amendment of section 13 of Act XX of

In section 13 of the said Act,-

1. (a) in sub-section (1),-
   • (i) for the words and figure "who fails to submit draft standing orders as required by section 3, or who modifies his standing orders" the words "who fails to submit draft standing orders, model standing orders or amendments" shall be substituted;
   • (ii) for the word and figures "section 10" the words "the provisions of this Act" shall be substituted;
   • (iii) for the words "shall be punishable" the words "shall, on conviction, be punished" shall be substituted;
2. (b) in sub-section (2), for the words "the standing orders finally certified under this Act for his industrial establishment shall be punishable" the words "the standing orders, model standing orders or the amendments, as finally certified under this Act for his industrial establishment, shall, on conviction, be punished" shall be substituted;
3. (c) after sub-section (2), the following new sub-sections shall be inserted, namely:- "(2A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases other than those falling under sub-section

1. (1) or sub-section (2), shall, on conviction, be punished with fine which may extend to one hundred rupees and in the event of such person being previously convicted of an offence under this Act, with fine which may extend to two 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. (2B) The Court convicting an employer under sub-section
2. (1) or sub-section
3. (2) may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modification or contravention of the standing orders, model standing orders or amendments, as the case may be. (2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the Court thinks fit."