18. Penalty.-
(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.
(1-A) 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.
(1-B) where an offence has been committed by a company, every
person who, at the time offence was committed, was in charge
of, and was reasonable 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.
(1-C) Notwithstanding anything contained in sub-section (1-B),
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
this 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
shall be liable to be proceeded against and punished accordingly.
(1-D) 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,
(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 was made within six
months of the date on which the offence is alleged to have
been committed.
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