(1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following sections, namely, 1*[section 5 except sub-section (4) thereof, section 7, section 8 except sub-section (8) thereof, section 9, section 10 except subsection (2) thereof, and sections 11 to 13], both inclusive, shall be punishable with fine 2*[which shall not be less than two hundred rupees but which may extend to one thousand rupees].
(2) Whoever contravenes the provisions of section 4, 3*[subsection (4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10] or section 25 shall be punishable with fine which may extend to 2*[five hundred rupees].
4*[(3) Whoever being required under this Act to maintain any records or registers or to furnish any information or return--
(a) fails to maintain such register or record; or
(b) wilfully refuses or without lawful excuse neglects to furnish such information or return; or
(c) wilfully furnishes or causes to be furnished any information or return which he knows to be false; or
(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act;
shall, for each such offence, be punishable with fine 2*[which shall not be less than two hundred rupees but which may extend to one thousand rupees].
(4) Whoever--
(a) wilfully obstructs an Inspector in the discharge of his duties under this Act; or
(b) refuses or wilfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorised by or under this Act in relation to any railway, factory or 2*[industrial or other establishment]; or
(c) wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act; or ---------------------------------------------------------------------
1. Subs. by Act 53 of 1964, s. 18, for "section 5 and sections 7 to 13" (w.e.f. 1-2-1965).
2. Subs. by Act 38 of 1982, s. 11 (w.e.f. 15-10-1982).
3. Subs. by s. 18, ibid., for "section 6" (w.e.f 1-2-1965).
4. Ins. by s. 18, ibid. (w.e.f. 1-2-1965).
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(d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act;
shall be punishable with fine 1*[which shall not be less than two hundred rupees but which may extend to one thousand rupees] 18
(5) If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term 1*[which shall not be less than one month but which may extend to six months and with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees]:
Provided that for the purpose of this sub-section, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector.
(6) If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to 1*[one hundred rupees] for each day for which such failure or neglect continues.]
21.
Procedure in trial of offences.