Labour Code Advisor

CHAPTER IV - MISCELLANEOUS

Section 18. Penalty.

1[(1) If any employer contravenes any of the provisions of this Act or any rule or order made thereunder, he shall be punishable with fine which may extend to two hundred rupees.

(1A) Whoever, having been convicted of any offence under this Act, is again convicted of an offence involving the contravention of the same provision, shall be punishable with fine which may extend to five hundred rupees.

(1B) Where an offence 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 section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(1C) Notwithstanding anything contained in sub-section (1B), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to, any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

(1D) Forthe purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association of individuals; and

(b) “director” in relation to a firm means a partner in the firm.]

(2) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this section.

(3) No Court shall take cognizance of an offence under this section, unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

View Act Footnotes

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

Page 3

  • 1. Extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and to Pondicherry by Act 26 of 1968, s. 3 andthe Schedule.
  • 2. Subs. by Act 60 of 1974, s. 2, for “Working Journalists”
  • 3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule.
  • 4. Subs. by Act 60 of 1974, s. 3, for clause (a).
  • 5. Ins. by Act 31 of 1989, s. 2 (retrospectively).
  • 6. Ins. by Act 60 of 1974, s. 3.

Page 4

  • 1. Ins. by Act 6 of 1979, s. 2 (w.e.f. 31-1-1979).
  • 2. Ins. by Act 31 of 1989, s. 2 (retrospectively).
  • 3. Subs. by Act 36 of 1981, s. 2, for “who is employed as such in, or in relation to, any newspaper establishment”(w.e.f. 13-8-1980).

Page 5

  • 1. Subs. by Act 65 of 1952, s. 3, for section 5 (w.e.f. 15-1-1963).

Page 7

  • 1. Subs. by Act 65 of 1962, s. 4, for sections 8 to 13 (w.e.f. 15-1-1963).
  • 2. Subs. by Act 34 of 1996, s. 2, for “two persons” (w.e.f. 28-9-1996).
  • 3. Subs. by s. 2, ibid., for “three independent persons” (w.e.f. 28-9-1996).

Page 8

  • 1. The Explanation added by Act 31 of 1989, s. 3.

Page 9

  • 1. Ins. by Act 6 of 1979, s. 3. (w.e.f. 31-1-1979).
  • 2. Ins. by Act 60 of 1974, s. 4.

Page 10

  • 1. Subs. by Act 34 of 1996, s. 3, for “two persons” (w.e.f. 28-9-1996).
  • 2. Subs. by s. 3, ibid., for “three independent persons” (w.e.f. 28-9-1996).
  • 3. Ins. by Act 6 of 1979, s. 4 (w.e.f. 31-1-1979).

Page 11

  • 1. Subs. by Act 99 of 1976, s. 17, for “and Family Pension Fund” (w.e.f. 1-8-1976).
  • 2. Ins. by Act 36 of 1981, s. 3 (w.e.f. 13-8-1980).
  • 3. Subs. by Act 65 of 1962, s. 5, for section 17 (w.e.f. 15-1-1963).

Page 12

  • 1. Subs. by Act 65 of 1962, s. 6, for sub-section (1) (w.e.f. 15-1-1993).

Page 13

  • 1. Ins. by Act 6 of 1979, s. 5 (w.e.f. 31-1-1979).
  • 2. Ins. by Act 65 of 1962, s. 7 (w.e.f. 15-1-1963).
  • 3. Ins. by s. 8, ibid. (w.e.f. 15-1-1963).
  • 4. Subs. by Act 60 of 1974, s. 5.
  • 5. Subs. by Act 65 of 1962, s. 9, for clauses (d), (e) and (f) (w.e.f. 15-1-1963).
  • 6. Ins. by Act 6 of 1979, s. 6 (w.e.f. 31-1-1979).

Page 14

  • 1. Subs. by Act 65 of 1962, s. 9, for sub-section (3) (w.e.f. 15-1-1963).
  • 2. Subs. by Act 60 of 1974, s. 6, for “or in two successive sessions”.
  • 3. Subs. by s. 6, ibid., for “in which it is so laid or the session immediately following”.

Page 15

  • 1. Ins. by Act 31 of 1989, s. 4.