No court shall ttake cognizance of an offence punishable by or under this Act 11111655 a complaint theeof is made within one year of [jj[thc date of which the offence eoiie to the notice of the inspector] ft71["provided that 110 court shall, take cognizance of an offence punishable by or under this Act after the expiry of tlrcc years from the date on which the offence is alleged 10 have been committed.]
32. Power to supervise we/fire acIi'ities of establishment-in regard to any money set apart in any establishment speeiliôally 1 for the purpose of promoting the welfare of the employees in such establishment, the Board shall have power- 4 tO require the production of any document in possdssion of the employer of that establishment in connection with sL!ch money to satis' itselfas to whether such money is being applied for such purpose:
to call for any information from such employer as it may deem relevant ; and to issue such directions to such employer as it may deem fit for the purpose of utilising the fund for promoting (lie welfak of the employees!
33. Penalty for non-compliance with the direction of the Board-Any person who wilfully Fail to produce any document required by the l3oard or to furnish any information called for by the Board or wilfully fails to comply with any directions issued by the Board tinder section 32 shall on conviction, be punished-
(a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to Five hundred rupees, or with both; and Il .
(b) For a second or subseqdent 1 ffence, with 'mpnonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the bouru in any case 'heth the offender is sentenced to fine only, the amount of fine shall not be 1 lcss than fifty rupeh.
Annual ipor -The Board shall, as soon as may beafier the end of each year, prepare and submit to the Government before such date and in such form as may be prescribed a report giving an account of its activities during the previous year and of the activities, if any, which are likely to be undertaken by the Board in the next year and the Government shall cause every such report to be laid before the Legislative Assembly of the State as soon as may be after it is received by the Government.
Supeisession qfBoard-(l) If the Government are of opinion that the Board is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, they may by notification in the Gazette supersede the l3oard for such period not exceeding six months, as may he specified in the notification: I
Provided that before issuing it notification under this sub-setion, the Government shall, by notice, require the Board to show cause within such period as may be specified in the notice why it should not he superseded and shall consider the explanations and objections, if any, of the Board.
(2) Upon the publication of a notification !.under sub-section superseding the Board,- I .4
(a) all the members of the l3oard shall, as from the date of supersession, vacate their offices as such;
(b) all the powers and (lot leg which may, by or under the provision of this Act, be exercised or preformed by or 01) behalf of (he I3oard and the Chaim)an shall, during the period of supersession be exercised and performed by such authority or person as the Government may direct;
I -
(e) all hinds and other property vested in the Board shall, during the period of Supersession vest in the authority or person referred to in clause (b); and
(d) all liabilities legafly subsisting and enforceable against the Board shall be enforceable against the authority or person refelTed to in clause (b) to the extent or the hinds and popert ies vested in it or him.
(3) On Uie expiration of the period of supersession specified in the notification issued under sub-section M. the Government may- • (a) extend the period of supersessiOn for such ftirthcr period not exceeding six months as they may consider necessary: or I
(b) reconstitute the Board in the manner 1rovided in section 5.