Lawgist22COffences by companies
1[22C. Offences by companies.--(1) If the person committing any offence under this Act is 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 Act 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.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the 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.]
STATE AMENDMENT
Uttar Pradesh.--
Insertion of new section 22-CC, in Act (11 of 1948).--In the minimum Wages Act, after section 22-C, the following section shall be inserted, namely:--
"22-CC. Compounding of offence.--An Officer specially empowered by the State Government in this behalf by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded--
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender.'"
[Vide Uttar Pradesh Act 35 of 1979, s. 3]
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1. Subs. by s. 14, ibid., for section 22.
- 1 Short title and extent
- 2 Interpretation
- 3 Fixing of minimum rates of wages
- 4 Minimum rate of wages
- 5 Procedure for fixing and revising minimum wages
- 6 [Omitted.]
- 7 Advisory Board
- 8 Central Advisory Board
- 9 Composition of committees, etc
- 10 Correction of errors
- 11 Wages in kind
- 12 Payment of minimum rates of wages
- 13 Fixing hours for a normal working day, etc
- 14 Overtime
- 15 Wages of worker who works for less than normal working day
- 16 Wages for two or more classes of work
- 17 Minimum time rate wages for piece work
- 18 Maintenance of registers and records
- 19 Inspectors
- 20 Claims
- 21 Single application in respect of a number of employees
- 22 Penalties for certain offences
- 22A General provision for punishment of other offences
- 22B Cognizance of offences
- 22C Offences by companies
- 22D Payment of undisbursed amounts due to employees
- 22E Protection against attachment of assets of employer with Government
- 22F Application of Payment of Wages Act, 1936, to scheduled employments
- 23 Exemption of employer from liability in certain cases
- 24 Bar of suits
- 25 Contracting out
- 26 Exemptions and exceptions
- 27 Power of State Government to add to Schedule
- 28 Power of Central Government to give directions
- 29 Power of the Central Government to make rules
- 30 Power of appropriate Government to make rules
- 30A Rules made by Central Government to be laid before Parliament
- 31 Validation of fixation of certain minimum rates of wages
