13Penalties 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.
(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] class shall try any offence under this section.
STATE AMENDMENT
Karnataka
Amendment of section 13.--In section 13 of the principal Act,---
(i) in sub-section (1), after the words and figure "Standing Orders as required by section 3", the words and figures "or who fails to adopt Standing Orders as required by sub-section (4) of section 3" shall be inserted;
(ii) in sub-section (2), after the words "finally certified", the words "or adopted" shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 11]
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1. Subs. by Act 18 of 1982, s. 7, for "a Metropolitation Magistrate or Judicial Magistrate of the second class" (w.e.f. 17-5-1982).
- 1 Short title, extent and application
- 2 Interpretation
- 3 Submission of draft standing orders
- 4 Conditions for certification of standing orders
- 5 Certification of standing orders
- 6 Appeals
- 7 Date of operation of standing orders
- 8 Register of standing orders
- 9 Posting of standing orders
- 10 Duration and modification of standing orders
- 10A Payment of subsistence allowance
- 11 Certifying Officers and appellate authorities to have powers of civil court
- 12 Oral evidence in contradiction of standing orders not admissible
- 12A Temporary application of model standing orders
- 13 Penalties and procedure
- 13A Interpretation, etc., of standing orders
- 13B Act not to apply to certain industrial establishments
- 14 Power to exempt
- 14A Delegation of powers
- 15 Power to make rules