(7) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
1. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)” (we.f 17-5-1982).
2.Tns. by Act 39 of 1963, 5. 5 (w.
3. Ins. by Act 39 of 1963, 5. 6 (W.
-1963).
-1963).
12
(2) An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.
(4) No Court inferior to that of '[a Metropolitan Magistrate or Judicial Magistrate of the second class] shall try any offence under this section.
STATE AMENDMENT Karnataka Amendment of section 13.-In section 13 of the principal Act,-
(i) in sub-section (1), after the words and figure “Standing Orders as required by section 3, the words and figures “or who fails to adopt Standing Orders as required by sub-section (4) of section 3” shall be inserted;
(ii) in sub-section (2), after the words “finally certified”, the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 11] Maharashtra Amendment of section 13 of Act XX of 1946.—(a) in sub-section (1),
(i) for "who fails to submit draft standing orders as required by section 3, or who modifies his standing orders”, substitute "who modifies the standing orders, model standing orders or amendments";
(ii) for "section 10", substitute "the provisions of this Act";
(iii) for "shall be punishable", substitute "shall on conviction, be punished".
(b) in sub-section (2), for the words "the standing orders finally certified under this Act for his industrial establishment shall be punishable", substitute the words "the standing orders, model standing orders or the amendments as finally certified under this Act for his industrial establishment, as the case may be, shall, on conviction, be punished" shall be substituted.
(c) after sub-section (2), insert the following sub-sections, namely:-- "(2A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases other than those falling under sub-section (1) or sub-section (2), shall, on conviction, be punished with fine which may extend to one hundred rupees and in the event of such person being previously convicted of an offence under this Act, with fine which may extend to two hundred rupees and in the case of a continuing offence with a further fine which may extend to twentyfive rupees for every day after the first during which the offence continues.
(2B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modification or contravention of the standing orders, model standing orders or amendments, as the case may be.
(2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the Court thinks fit".
[Vide Bombay Act XXI of 1958, s. 15]
1. Subs. by Act 18 of 1982, 5. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).
13 1[13A. Interpretation, etc., of standing orders.—If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman *[or a trade union or other representative body of the workmen] may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.
STATE AMENDMENT Karnataka Amendment of section 13-A.-In section 13-A of the principal Act, after the words “Standing Orders Certified the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 12] Maharashtra Amendment of section 13A of Act XX of 1946.— In section 13A, after the words "standing order" and in the marginal note thereto after the words "standing orders", insert the words "model standing order or amendments"; and after the word "workman", insert "or any prescribed representatives of workmen".
[Vide Bombay Act XXI of 1958, s. 17]