14Penalties
(1) Whoever,--
(a) wilfully obstructs an Inspector in exercise of any power conferred by or under this Act or fails to produce on demand by an Inspector any register or other documents kept in pursuance of the regulations or otherwise in connection with any dock work or conceals or prevents or attempts to prevent any person from appearing before, or being examined by, an Inspector; or
(b) unless duly authorised or in case of necessity, removes any fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing required to be provided by, or under, the regulations; or
(c) having in case of necessity removed any such fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing, omits to restore it at the end of the period for which its removal was necessary,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousands rupees, or with both.
(2) If any person, being a person whose duty is to comply with any of the regulations, contravenes such regulations and such contravention results--
(a) in any fatal accident to a dock worker, or
(b) an accident which incapacitates a dock worker from earning his full wages for more than a fortnight,
such person shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees in a case falling under clause (a) and five hundred rupees in a case falling under clause (b) but which may extend, in either case, to five thousand rupees, or with both, and the court may order the whole or part of the fine to be paid to the dependent of the deceased dock worker or, as the case may be, to the injured dock worker.
Explanation.--The provisions of this sub-section shall be in addition to any provisions which may be made under sub-section (4) of section 21.
(3) Subject to the provisions of section 11, if any dock worker contravenes any provision of this Act or the regulations imposing any duty or liability on dock workers, he shall be punishable with imprisonment for a term which may extend to three months, or with tine which may extend to two hundred rupees, or with both.
(4) If any person who has been convicted for an offence punishable under any of the provisions of this Act or the regulations is again convicted for an offence committed within two year of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the imprisonment to which he would have been liable for the first contravention of such provision.
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- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Inspectors
- 4 Powers of Inspectors
- 5 Powers of Inspectors where employment of dock workers are dangerous
- 6 Facilities to be afforded to an Inspector
- 7 Restrictions on disclosure of information
- 8 Appeal
- 9 Advisory Committee
- 10 Power of appropriate Government to direct inquiry into cases of accidents or diseases
- 11 Obligations of dock workers
- 12 Power to exempt
- 13 Protection of action taken in good faith
- 14 Penalties
- 15 Determination of the persons responsible for the offence in certain cases
- 16 Power of court to make orders
- 17 Provisions relating to jurisdiction
- 18 Provision regarding fine
- 19 General provision for punishment for other offences
- 20 Power to make rules
- 21 Power to make regulations
- 22 General provision relating to rules and regulations
- 23 Amendment of Act 9 of 1948
- 24 Repeal
- 25 Savings