PENALTIES

Penalty for other offences.

§31

Summary

(1) Any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees. STATE AMENDMENT Union Territory of Jammu and Kashmir and Ladakh Insertion of new section--After section 31, insert-- "31A. Compounding of offences.--(1) Any offence punishable under sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and sub-sections (1) and (2) of section 31 may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf for such amount as specified in the Table below:-- Table S.N. Section Compounding amount 1 2 3 1 25Q 25 days wages last drawn by each workman. 2 25R 60 days wages last drawn by each workman. 3 25U (i) By each workman Rs. 150/- per day but not exceeding Rs. 3000/- in aggregate; (ii) By employer Rs. 300/- per day but not exceeding the amount in aggregate as shown below: Number of workmen employed in the industry Amount not exceeding 1 to 50 Rs. 5000/- 51 to 100 Rs. 8000/- 101 to 500 Rs. 12000/- More than 500 Rs. 16000/- 4 26 (i) In case of illegal strike, Rs. 150/- per day by each workman but not exceeding Rs. 3000/- in aggregate; (ii) In case of illegal lock-out, Rs. 300/- per day by an employer but not exceeding the amount in aggregate as shown below: Number of workmen employed in the industry Amount not exceeding 1 to 50 Rs. 5000/- 51 to 100 Rs. 8000/- 101 to 500 Rs. 12000/- More than 500 Rs. 16000/- 5 27 and 28 As per section 26 above for illegal strike and lockout. 6 29 Rs. 200/- per day in respect of each of the workman. 7 30A 25 days wages last drawn by each workman. 8 31(1) Number of workmen For first For For third employed in the industry occasion second occasion occasion 1 to 50 Rs. 5000/- Rs. 10,000/- Rs. 15,000/- 51 to 100 Rs. 8000/- Rs. 16,000/- Rs. 24,000/- 101 to 500 Rs. 12000/- Rs. 24,000/- Rs. 36,000- More than 500 Rs. 16000/- Rs. 32,000- Rs. 48,000/- 9 31(2) For each workman, for the first offence Rs. 1000/- for the second offence Rs. 2000/- and for the third offence Rs. 3000/- (ii) For employer: Number of workmen employed in the industry For first occasion For second occasion For third occasion 1 to 50 Rs. 1500 Rs. 3000 Rs. 6000 51 to 100 Rs. 3000 Rs. 6000 Rs. 10000 101 to 500 Rs. 4000 Rs. 8000 Rs. 15000 More than 500 Rs. 5000 Rs. 10000 Rs. 20000: Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount: Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: Provided also that such offences shall be compoundable only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: Provided also that when an offence is compounded on an application by the employer, then the compounding amount received from him, shall be paid to the concerned workman or equally amongst the workman and if any workmen are not identifiable, then the remaining amount shall be deposited in such manner as may be notified by the appropriate Government. (2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged." [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).]

(1) Any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees. STATE AMENDMENT Union Territory of Jammu and Kashmir and Ladakh Insertion of new section--After section 31, insert-- "31A. Compounding of offences.--(1) Any offence punishable under sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and sub-sections (1) and (2) of section 31 may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf for such amount as specified in the Table below:-- Table S.N. Section Compounding amount 1 2 3 1 25Q 25 days wages last drawn by each workman. 2 25R 60 days wages last drawn by each workman. 3 25U (i) By each workman Rs. 150/- per day but not exceeding Rs. 3000/- in aggregate; (ii) By employer Rs. 300/- per day but not exceeding the amount in aggregate as shown below: Number of workmen employed in the industry Amount not exceeding 1 to 50 Rs. 5000/- 51 to 100 Rs. 8000/- 101 to 500 Rs. 12000/- More than 500 Rs. 16000/- 4 26 (i) In case of illegal strike, Rs. 150/- per day by each workman but not exceeding Rs. 3000/- in aggregate; (ii) In case of illegal lock-out, Rs. 300/- per day by an employer but not exceeding the amount in aggregate as shown below: Number of workmen employed in the industry Amount not exceeding 1 to 50 Rs. 5000/- 51 to 100 Rs. 8000/- 101 to 500 Rs. 12000/- More than 500 Rs. 16000/- 5 27 and 28 As per section 26 above for illegal strike and lockout. 6 29 Rs. 200/- per day in respect of each of the workman. 7 30A 25 days wages last drawn by each workman. 8 31(1) Number of workmen For first For For third employed in the industry occasion second occasion occasion 1 to 50 Rs. 5000/- Rs. 10,000/- Rs. 15,000/- 51 to 100 Rs. 8000/- Rs. 16,000/- Rs. 24,000/- 101 to 500 Rs. 12000/- Rs. 24,000/- Rs. 36,000- More than 500 Rs. 16000/- Rs. 32,000- Rs. 48,000/- 9 31(2) For each workman, for the first offence Rs. 1000/- for the second offence Rs. 2000/- and for the third offence Rs. 3000/- (ii) For employer: Number of workmen employed in the industry For first occasion For second occasion For third occasion 1 to 50 Rs. 1500 Rs. 3000 Rs. 6000 51 to 100 Rs. 3000 Rs. 6000 Rs. 10000 101 to 500 Rs. 4000 Rs. 8000 Rs. 15000 More than 500 Rs. 5000 Rs. 10000 Rs. 20000: Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount: Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: Provided also that such offences shall be compoundable only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: Provided also that when an offence is compounded on an application by the employer, then the compounding amount received from him, shall be paid to the concerned workman or equally amongst the workman and if any workmen are not identifiable, then the remaining amount shall be deposited in such manner as may be notified by the appropriate Government. (2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged." [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).]

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