Chapter VII Chapter VII

Penalties and Procedure

1. (1) Save as otherwise expressly provided in this act, any person who contravenes any of the provisions of this act or of any rules made thereunder, or fails to pay wages or compensation. In accordance with any order of the appellate authority passed under sub-section (2) of section 37 of this act, shall be punishable, for the first offence with fine which may extend to fifty rupees and for a second or any subsequent offence with imprisonment for a term which may extend to three months or with fine which shall not be less than two hundred rupees or more than five hundred rupees or with both.
2. (2) (a) Any employer who fails to reinstate or re-employ any employee in accordance with the order of the appellate authority passed under sub-section (2) of section 37 of this Act, shall be punishable with fine which shall not be less than two hundred rupees.
   • (b) Any employer, who, after having been convicted under clause (a) continues, after the date of such conviction, to fail to reinstate or re-employ an employee in accordance with the order mentioned in that clause shall be punishable for each day of such default, with fine which may extend to twenty-five rupees.
   • (c) Any Court trying an offence punishable under this sub-section may direct that the whole or any part of the fine, if realised, shall be paid by way of compensation, to the person, who in its opinion, has been affected by such failure.
3. (3) Notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act IV of 1936), with regard to the definition of wages, any compensation required to be paid by an employer under the provisions of this Act, but not paid by him shall be recoverable as delayed wages under the provisions of the said Act.
4. (4) It shall be no defence in a prosecution of any person for the contravention of the provisions of section 3 that any item of work relating to handloom weaving operation was carried on by such person himself or any member of his family or by any other person living with or dependant on such person.

Whoever obstructs the Chief Inspector or an Inspector in the exercise of any powers conferred on him by or under this Act or fails to produce on demand by the Chief Inspector or an Inspector any register or other document kept in his custody in pursuance of this Act or of any rules made thereunder, or conceals or prevents any employee in any industrial premises from appearing before or being examined by the Chief Inspector or an Inspector, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both:

Provided that such fine shall not be less than two hundred rupees.

1. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith, done or intended to be done under this Act or any rule or order made thereunder.
2. (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order, made thereunder.

1. (1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution or for the purposes of this Act any information relating to any commercial business or any working process which may come to his knowledge in the course of his official duties.
2. (2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner, of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken whether pursuant to this Act or otherwise or for the purpose of any report of such proceeding as aforesaid.
3. (3) If any Inspector contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term, which may extend to three months or with fine, which may extend to five hundred rupees or with both.

1. (1) No Court shall take cognizance of any offence punishable under this Act except upon a complaint made by or with the previous sanction in writing of the Chief Inspector or an Inspector within three months of the date on which the alleged commission of the offence came to the knowledge of the Inspector: Provided that where the offence consists of disobeying a written order made by the competent authority, appellate authority, the Chief Inspector or an Inspector, complaint thereof may be made within six months from the date on which the offence is alleged to have been committed.
2. (2) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act.

1. (1) Where an offence under this Act has been committed by a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section (a) "company" means any body corporate and includes firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm.

1. (1) When any act or omission would, if a person were under a certain age, be an offence punishable under this Act and such person is in the opinion of the Court, prima facie under such age, the burden shall be oh the accused to prove that such person is not under such age.
2. (2) A declaration in writing by a medical officer not below the rank of a civil assistant surgeon relating to an employee that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that employee.