Labour Code Advisor

Section 20. Penalty for offences under the Act.

(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, 2[section5 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 3[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 4,4[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 5[with fine which may extend to three thousand seven hundred fifty rupees].

6[(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.]

7[(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 punishable3[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 1[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 2[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 3[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 4[seven hundred fifty rupees] for each day day for which such failure or neglect continues.]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and Nagar Haveli byReg. 6 of 1963, s. 2 and the First Schedule to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and to Lakshadweepby Reg. 8 of 1965, s. 3 and the Schedule.
  • 2. Subs. by Act 38 of 1982, s. 2 for “persons employed in industry” (w.e.f. 15-10-1982).
  • 3. Subs. by the A.O. 1950, for sub-section (2).
  • 4. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 5. 28th March 1937, see Gazette of India, 1937, Pt. I, pg. 626.
  • 6. Subs. by Act 38 of 1982, s. 3, for “factory and to persons” (w.e.f. 15-10-1982).
  • 7. Ins. by s. 3, ibid. (w.e.f. 15-10-1982).
  • 8. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 9. Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.)10. Subs. by Act 38 of 1982, s. 3, for “any industrial establishment or in any class or group of industrial establishments”(w.e.f. 15-10-1982).11. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).12. Subs. by Act 38 of 1982, s. 3, for the proviso (w.e.f. 15-10-1982).13. Subs. by Act 41 of 2005, s. 2, for sub-section (6) (w.e.f. 9-11-2005).14. Subs. by S.O. 2806 (E), dated 28-8-2017, for “eighteen thousand rupees”, see Gazette of India, Extraordinary, Part II, s. 3(ii).15. Ins. by s. 4, ibid. (w.e.f. 9-11-2005).

Page 4

  • 1. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).
  • 2. Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005).
  • 3. Subs. by Act 38 of 1982, s. 4, for „ “industrial establishment” means‟ (w.e.f. 15-10-1982).
  • 4. Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965).
  • 5. Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.)
  • 6. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)
  • 7. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).
  • 8. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
  • 9. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).10. Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965).11. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).

Page 5

  • 1. Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)
  • 2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 5, ibid.,for section 3 (w.e.f. 9-11-2005).

Page 6

  • 1. Subs. by Act 38 of 1982, s. 6, for “industrial establishment” (w.e.f. 15-10-1982).
  • 2. Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 4. Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by Act 53 of 1964, s. 5, for “All payments” (w.e.f. 1-2-1965).

Page 7

  • 1. Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).
  • 2. Subs. by Act 41 of 2005, s. 6, for “sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)” (w.e.f. 9-11-2005).
  • 3. Explanation renumbered as Explanation I thereof by Act 68 of 1957, s. 5 (w.e.f. 1-4-1958).
  • 4. Ins. by s. 5, ibid. (w.e.f. 1-4-1958).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by Act 68 of 1957, s. 5, for clause (d) (w.e.f. 1-4-1958).
  • 7. The words “Governor-General in Council or” omitted by the A.O. 1937.
  • 8. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 9. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “this sub-clause” (w.e.f. 20-12-1974).

Page 8

  • 1. Subs. by Act 53 of 1964, s. 6, for clause (f) (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 6, ibid., for “in section 58A of the Indian Income-tax Act, 1922” (w.e.f. 9-11-2005).
  • 4. The word “and” omitted by Ordinance 3 of 1940, s. 2.
  • 5. Ins. by Act 42 of 1971, s. 6 (w.e.f. 4-12-1971).
  • 6. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 7. Added by Ordinance 3 of 1940, s. 2
  • 8. Subs. by Act 68 of 1957, s. 5, for clause (k) (w.e.f. 1-4-1958).
  • 9. Ins. by Act 38 of 1982, s. 7 (w.e.f. 15-10-1982).

Page 9

  • 1. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 2. Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).
  • 3. Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).
  • 4. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 6, for “the Indian Railways Act, 1890” (w.e.f. 9-11-2005).

Page 11

  • 1. Subs. byAct 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 2. Subs. by Act 38 of 1982, s. 8, for “half-an-anna in the rupee” (w.e.f. 15-10-1982).
  • 3. Subs. by Act 41 of 2005, s. 7, for “sixty days” (w.e.f. 9-11-2005).
  • 4. Subs. by Act 38 of 1982, s. 8, for “industrial establishment” (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Added by Act 22 of 1937, s. 2 (w.e.f. 14-4-1937).

Page 12

  • 1. Subs. by Act 53 of 1964, s. 7, for sub-section (1) (w.e.f. 1-2-1965).
  • 2. The words “the Governor-General in Council or” omitted by the A.O. 1937.
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 4. Ins. by Act 53 of 1964, s. 8 (w.e.f. 1-2-1965).
  • 5. Ins. by s. 9, ibid. (w.e.f. 1-2-1965).
  • 6. Ins. by Ordinance 3 of 1940, s. 3.

Page 13

  • 1. Ins. by Act 53 of 1964, s. 10 (w.e.f. 1-2-1965).
  • 2. Subs. by Act 68 of 1957, s. 6, for “sub-section (1) of section 10 of the Factories Act, 1934” (w.e.f. 1-4-1958).
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005)
  • 4. Subs. by Act 38 of 1982, s. 9, for “industrial establishments” (w.e.f. 15-10-1982).
  • 5. Subs. by Act 53 of 1964, s. 11, for sub-section (4) (w.e.f. 1-2-1965).
  • 6. Subs. by Act 38 of 1982, s. 9, for “industrial establishment” (w.e.f. 15-10-1982).
  • 7. Subs. by s. 9, ibid., for “Code of Criminal Procedure, 1898” (w.e.f. 15-10-1982).
  • 8. Subs. by s. 9, ibid.,for “section 98” (w.e.f. 15-10-1982).

Page 14

  • 1. Ins. by Act 53 of 1964, s. 12 (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 8, for sub-section (1) (w.e.f. 9-11-2005).
  • 3. Subs. by Act 53 of 1964, s. 13, for “six months” (w.e.f. 1-2-1965).
  • 4. Subs. by Act 41 of 2005, s. 8, for sub-section (3) (w.e.f. 9-11-2005).

Page 15

  • 1. Subs. by Act 53 of 1964, s. 13, for sub-section (4) (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 8, for “not exceeding fifty rupees” (w.e.f. 9-11-2005).
  • 3.Subs. by s. 3, ibid., for “the State Government” (w.e.f. 9-11-2005).

Page 16

  • 1. Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).
  • 2. Subs. by s. 14, ibid., for “the maximum compensation that may be awarded under sub-section (3) of section 15 shall be tenrupees per head” (w.e.f. 1-2-1965).
  • 3. Subs. by Act 68 of 1957, s. 7, for “An appeal against a direction made under sub-section (3) or sub-section (4) of section 15”(w.e.f. 1-4-1958).
  • 4. Subs. by s. 7,ibid., for “the direction” (w.e.f. 1-4-1958).
  • 5. The words “or in Rangoon” omitted by the A.O. 1937.

Page 17

  • 1. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
  • 2. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).
  • 3. Subs. by Act 20 of 1937, s. 2 and the First Schedule, for “sub-section (5) (w.e.f. 14-4-1937).
  • 4. Subs. by Act 68 of 1957, s. 7, for sub-section (2) (w.e.f. 1-4-1958).
  • 5. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
  • 6. Ins. by Act 68 of 1957, s. 8 (w.e.f. 1-4-1958).
  • 7. Subs. by Act 53 of 1964, s. 16, for “any official of a registered trade union authorised in writing to act on his behalf"”(w.e.f. 1-2-1965).

Page 18

  • 1. Subs. by Act 38 of 1982, s. 10, for “Chapter XXVI of the Code of Criminal Procedure, 1973” (w.e.f. 15-10-1982).
  • 2. Subs. by Act 53 of 1964, s. 18, for “section 5 and sections 7 to 13” (w.e.f. 1-2-1965).
  • 3. 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 onethousand rupees” (w.e.f. 9-11-2005).
  • 4. Subs. by Act 53 of 1964, s.18, for “section 6” (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 9, for “with fine which may extend to five hundred rupees” (w.e.f. 9-11-2005).
  • 6. Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).
  • 7. Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965).

Page 19

  • 1. Subs. by Act 38 of 1982, s. 11, for “industrial establishment” (w.e.f. 15-10-1982).
  • 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 onethousand rupees” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 9, ibid., for “with fine which shall not be less than five hundred rupees but which may extend to three thousandrupees” (w.e.f. 9-11-2005).
  • 4. Subs. by s. 9, ibid.,for “one hundred rupees” (w.e.f. 9-11-2005).
  • 5. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).

Page 20

  • 1. Ins. by Act 53 of 1964, s. 20(w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 10, for section 24 (w.e.f. 9-11-2005).

Page 21

  • 1. Subs. by Act 38 of 1982, s. 12, for “employed in a factory” (w.e.f. 15-10-1982).
  • 2. Subs. by s. 12, ibid., for “displayed in such factory” (w.e.f. 15-10-1982).
  • 3. Subs. by s. 12, ibid.,for “in the factory” (w.e.f. 15-10-1982).
  • 4. Ins. by s. 13, ibid. (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. The words “subject to the control of the Governor-General in Council,” omitted by the A.O. 1937.
  • 7. Subs. by Act 53 of 1964, s. 22, for “and prescribed the form thereof” (w.e.f. 1-2-1965).

Page 22

  • 1. Ins. by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
  • 2. The word “and” omitted by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
  • 3. The word “and” omitted by Act 38 of 1982, s. 14 (w.e.f. 15-10-1982).
  • 4. Ins. by s. 14, ibid. (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by s. 11, ibid.,for “which may extend to two hundred rupees” (w.e.f. 9-11-2005).
  • 7. Subs. by Act 38 of 1982, s. 14, for “two successive sessions” (w.e.f. 15-10-1982).
  • 8. Subs. by s. 14, ibid.,for “in which it is so laid or the session immediately following” (w.e.f. 15-10-1982).
  • 9. Ins. by Act 41 of 2005, s. 11 (w.e.f. 9-11-2005).
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