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Section 13 – Industrial Employment (Standing Orders) Act, 1946

Industrial Employment (Standing Orders) Act, 1946

 

13. Penalties and procedure

 

(1) An employer who fails to submit draft standing orders as required by Sec. 3, or who modifies his standing orders otherwise than in accordance with Sec. 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) 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) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.

 

(4) No Court inferior to that of 1[a Metropolitan Magistrate or Judicial Magistrate of the second class] shall try any offence under this section.

 

STATE AMENDMENTS

 

MADHYA PRADESH.

 

After sub-section (4), add the following sub-section:

 

“(5) A Court taking cognizance of an offence under sub-section (2) shall state upon the summons to be served on the accused person that he.

 

(a) May appeal by pleader and not in person; or

 

(b) May, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter acknowledgment due and remit to the Court such sum as the Court may, subject to the maximum limit of fine prescribed for the said offence, specify.

 

“(6) Where an accused person pleads guilty and remits the sum in accordance with the provisions of sub-section (5), no further proceedings in respect of the offence shall be taken against him.

 

“(7) Nothing contained in this section shall apply to the continuing offence referred to in sub-section (2).”-M.P. Act XVIII of 1967, Sec. 2 (1st June, 1968).

 

MAHARASHTRA: GUJARAT.

 

(i) In sub-section (1),-

 

(a) For the words and figure “who fails to submit draft standing orders as required by Sec. 3, or who modifies his standing orders”, substitute the words “who modifies the standing orders, model standing orders or amendments”;

 

(b) For the word and figures “Sec. 10”, substitute the words “the provisions of this Act”;

 

(c) For the words “shall be punishable”, substitute the words “shall, on conviction, be punished”.

 

(ii) In sub-section (2), for the words “the standing orders finally certified under this Act for his industrial establishment shall be punishable,” substitute the words “the standing orders, model standing orders or the amendments, as finally certified under this Act for his industrial establishment, as the case may be, shall, on conviction, be punished.”

 

(iii) After sub-section (2), add the following new sub-sections

 

“(2-A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases other than those falling under sub-section (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.

 

(2-B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modifications or contravention of the standing orders, model standing orders or amendments, as the case may be.

 

(2-C) The compensation awarded under sub-section (2-B) 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.-Bombay Act XXI of 1958, Sec. 16 (15tli January, 1959) ; Act XI of 1960, Sec. 87 (1st May, 1960).

 

——————–

 

1. Subs. by Act 18 of 1982, Sec. 7 (w.e.f 17th May, 1982)

 

 

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