(1) Subject to any rules made under this Act by the State Govera ment, an Inspector may within the limits ofhisjurisdiction-
(a) enter, during such· hours as may be prescribed ?nd with..?uch assistance, if arty, as may be necessary, any premises which is;;
or which he has reason to believe as, a shop or an establishn:tent ;
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' . '' .
(b) inspect·any registers, other .documents and notices maintained under this Act or the rules made thereunder ; 1
(c) record on the spot or otherwise the statement of any person which he may -consider necessary for carrying out the purposes of this Act :- · ·
Provided that no person shall be compelled to answer any question or give any evidence tending to incriminate- himself ; and '- .
(d) exercise such other powers as may be prescribed for carrying out the purposes of this Ac!, 9
(2) The Inspector shall for the purposes of any inquiry under thisAct have the same powers regarding the summoning and attendance ofwitnesses and 'production or documents as a Civil Court has under theCode of Civil Procedure, 190:-; (Y of 1908).
24. Any person who voluntarily obstructs an Inspector in the exerciseof any power conferred on him by or under this Act or any person lawfully assisting an Inspector in the exercise of such power or who failswithout sufficient cause to comply with any lawful direction made by anInspector shall be punishable with imprisonment which may extend to sixmonths or with fine which may extend to two hundred and·fifty rupees orwith both.
25. Any person who contravenes any provision of this Act or any rule er order made thereunder shall, if no other penalty is provided for theaffence, be punishable with a fine which may extend to two hundred andfifty rupees for the first offence and to five hundred rupees for everysubsequent offence after the first conviction:
Provided that in case such a person is a company or a registered part-11.ershipfirm, every director, partner, manager or secretary thereof or everyofficer thereof who functions as such by whatever designation shall, unless' lle proves that the contravention took place without his knowledge or that 1le exercised due diligence to prevent such contravention, be deemed to have eommitted such contravention.
krL. 26. (1) No Court inferior to a Magistrate of the First Class shall trybt:·a11.offence punishable under this Act or rules or orders made thereunder.
(2) No Court shall take cognizance of such offence except on a complaintmade by an Inspector or by an aggrieved employee in a shop or an establish ment or by a relative of such an employee, including his legal representativein the case of a minor :
Provided that a complaint under this sub-section shall be made withint ninety days from the date on which the offence is alleged to have been! eommitted.
?
f Explanation.,--For the purposes of this section, "relative" means any ..! lineal discendant or ascendant; brother or sister, or father-in-law, or mother-{ in-law of the employee.
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CHAPTER VII REMOVAL AND RE-EMPLOYMENT Penalty for obstructing Inspector.
General Penalties.
Cognizance of offences.
·27. (1) No employee in a shop or an establishment, who has been ,,·ncontinuous service for not less than six months in that shop or esta ':;;??ent,sh.allbe discharged from his service except for a reasonable cause 'i (a) he has been given one months' notice in writing indicating the reasons for discharge and the period of notice has expired, or he has been paid in lieu of notice, one month's wages in advance; and
(b) he has been paid, at the time of discharge, compensation which shall be equivalent to fifteen days' wages :
Discharge ol employees.
Re-emplpy.- · · meat;of.di:;,0., charaed eIJ1ployee.
Termination of service by or on behalf of emplo yces.
10
Provided that no notice under clause (a) shall be ne.::s..?· cf the discharge is under an agreement which specified a date for :?:: :2?at:0r:
of service ; and
Provided further that such notice shall not be necessary if the jjsci,.a:ge?
is on a charge of such misconduct as may be prescribed or on his .:onncrion on a criminal charge involving moral turpitude.
(2) A discharge done against the provisions of sub-section (I) sh.ai.?
be an offence under· this Act, and the Court shall, without prejudice to aB?
other provisions of this Act, have power to give relief to the aggrievedperson by way of reinstatement or money compensation or both.
Explanation.-Forthe purposes of this section, an employee shall be deemed to be in continuous service in a shop or an establishment notwith standing- any interruption in the service caused by sickness, accident, llutho rised leave or lock-out, or by intermittent periods of involuntary urtemple-y ment, and authorised leave shall be deemed not to include any w.eekly helid,?Y allowed-under this Act which occurs at the beginning or end of--an irttetruption caused by such leave.