Chapter VIII PENALTIES AND PROCEDURE

Whoever commits any unfair practices other than item 13 of the Schedule shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees or with both.

Whoever commits any unauthorised entry into the property of an employer or any other person and creates any obstruction or hindrance to the work or activity or process to be carried out or commits any mischief or destruction or damage to the land or property of the employer or any person, shall be punishable with imprisonment which may extend to two years or with fine which shall not be less than one thousand rupees and which may extend to ten thousand rupees or with both.

Whoever obstructs any Inspector or any other officer appointed under this Act in the discharge of his duties or refuses or willfully neglects to afford him reasonable facilities for making any entry, inspection, examinations or enquiry authorised by or under this Act, shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than one thousand rupees and which may extend to ten thousand rupees or with both.

Any person who contravenes any of the provisions of this Act or of any rule or order made thereunder shall, if, no other penalty is provided for such contravention by this Act, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.

(1) The Government may, by notification in the Official Gazette, appoint officers of the Labour Department of and above the rank of Labour Officer as Appropriate Authority for compounding the offences committed under this Act, before their cognisance by the Court, on payment of a sum which may not be less than the minimum of the fine stipulated for such offence but, may extend to the maximum of the fine stipulated for such offence and may also include the cost of damage suffered by the complainant, by way of composition of the offence which such person is suspected to have committed:

Provided that no such compounding shall be permitted in the case of second and subsequent offences.

(2) On payment of such sum to the Appropriate Authority under sub-section (1), the offender, if, in custody shall be released and no further proceeding shall be taken for such offence.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the offences punishable under sections 23, 24 and 25 of this Act shall be deemed to be cognizable offence within the meaning of that Code.

(2) No Court shall take cognizance of the offences referred to in sub-section (1) except upon a Police Report as provided in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

The Government may by notification exempt either permanently or for any specified period any establishment or class of establishments or person or class of persons from all or any other provisions of this Act, subject to such conditions as the Government deems fit.