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[Complete Act]
Central Government Act
Section 13 in The Industrial Employment (Standing Orders) Act, 1946
13. Penalties and procedure.—
(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 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. tc "13. Penalties and procedure.—(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 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 or 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. tc "(2) An employer who does any act in contravention of the standing orders finally certified under this Act or 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. tc "(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. tc "(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.—In section 13, after sub-section (4), insert the following sub-sections, namely:— “(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 appear 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).” [Vide Madhya Pradesh Act 18 of 1967, sec. 2 (w.e.f. 1-6-1968)]. Maharashtra: Gujarat.—In section 13,—
(i) in sub-section (1),—
(a) for “who fails to submit draft standing orders as required by section 3, or who modifies his standing ordres“, substitute “who modifies the standing orders, model standing orders or amendments“;
(b) for “section 10”, substitute “the provisions of this Act“;
(c) for “shall be punishable”, substitute “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), insert the following sub-sections, 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) 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 (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 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”. [Vide Bombay Act 21 of 1958, sec. 16 (w.e.f. 15-1-1959); Act 11 of 1960, sec. 87 (w.e.f. 1-5-1960)].