(1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following section, namely, 1[section 5 except sub-section (4) thereof, section 7, section 8 except sub-section (8) thereof, section 9, section 10 except sub-section (2) thereof, and sections11 to 13], both inclusive, shall be punishable 2[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].

(2) Whoever contravenes the provisions of section 4, 3[sub-section (4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10] or section 25 shall be punishable 4[with fine which may extend to three thousand seven hundred fifty rupees].

5[(2A) Whoever being required to nominate or designate a person under section 3 fails to do so, such person shall be punishable with fine which may extend to three thousand rupees.]

6[(3) Whoever being required under this Act to maintain any records or registers or to furnish any information or return--

(a) fails to maintain such register or record; or

(b) wilfully refuses or without lawful excuse neglects to furnish such information or return; or

(c) wilfully furnishes or causes to be furnished any information or return which he knows to be false; or

(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act,

shall for each such offence, be punishable 7[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].

(4) Whoever--

(a) wilfully obstructs an Inspector in the discharge of his duties under this Act; or

(b) refuses or wilfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorised by or under this Act in relation to any railway, factory of 8[industrial or other establishment]; or

(c) wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act; or

(d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act,

shall be punishable 9[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].

(5) If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term 10[with fine which shall not be less than three thousand seven hundred fifty rupees but which may extend to twenty-two thousand five hundred]:

Provided that for the purpose of sub-section, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector.

(6) If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority, in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to 11[seven hundred fifty rupees] for each day for which such failure or neglect continues.]

STATE AMENDMENT

Maharashtra.--

Amendment of section 20 of Act IV of 1936.--In section 20 of the said Act, in sub-section (1), for the words "five hundred rupees" the words "two thousand rupees" shall be substituted.".

[Vide Bombay Act LXII of 1953, s. 7]

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Footnote :

1. Subs. by Act 53 of 1964, s. 18, for "section 5 and sections 7 to 13" (w.e.f. 1-2-1965).
2. Subs. by Act 41 of 2005, s. 9, for "with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees" (w.e.f. 9-11-2005).
3. Subs. by Act 53 of 1964, s.18, for "section 6" (w.e.f. 1-2-1965).
4. Subs. by Act 41 of 2005, s. 9, for "with fine which may extend to five hundred rupees" (w.e.f. 9-11-2005).
5. Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).
6. 6. Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965)
7. Subs. by Act 41 of 2005, s. 9, for "with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees" (w.e.f. 9-11-2005).
8. Subs. by Act 38 of 1982, s. 11, for "industrial establishment" (w.e.f. 15-10-1982).
9. Subs. by Act 41 of 2005, s. 9, for "with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees" (w.e.f. 9-11-2005).
10. Subs. by s. 9, ibid., for "with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees" (w.e.f. 9-11-2005).
11. Subs. by s. 9, ibid., for "one hundred rupees" (w.e.f. 9-11-2005).