Whoever contravenes any provision of this Act or any rule made thereunder shall be punishable with imprisonment for a term which may extend to three months or with fine which shall be not less than one thousand rupees, or with both 9 Offence by companies, etc —Where a person committing an offence under this Act is a company or other body corporate or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
*Inserted vide Act 1 of 1979.
10 Presumption to be made in certain cases.—In any proceedings under section 4 or in any prosecution under section 8, it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the employer, that there has been an interim decision of the employer as a result of which the employee has been debarred temporarily from attending his office and performing his functions in the establishment where he is employed.
11 Cognizance of offences —(1) No court shall take cognizance of any offence punishable under this Act, save on complaint made by, or under the authority of, the Government
(2) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act
12. Power to make rules —(1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act
(2) Without prejudice to the generality of the foregoing power, such rules may provide for any matter which may be, or is required to be, prescribed
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule shall not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.