(1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the previous approval of 6 [appropriate Government] or of the prescribed authority, may have specified by notice under sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of person employed upon a railway (otherwise than in a factory), at the prescribed place or places.
(3) No fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any one wage-period on any employed person shall not exceed an amount equal to 7 [three per cent.] of the wages payable to him in respect of that wage-period.
(5) No fine shall be imposed on any employed person who is under the age of fifteen years.
1. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
2. Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).
3. Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).
4. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 6, for “the Indian Railways Act, 1890” (w.e.f. 9-11-2005).
6. Subs. by s. 3, ibid., for “the State Government” (w.e.f. 9-11-2005).
7. Subs. by Act 38 of 1982, s. 8, for “half-an-anna in the rupee” (w.e.f. 15-10-1982).
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(6) No fine imposed on any employed person shall be recovered from him by installments or after the expiry of 1 [ninety days] from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the prescribed authority.
Explanation.—When the persons employed upon or in any railway, factory or 2 [industrial or other establishment] are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.