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Section 46: Penalty for obstructing Inspector, etc

Tamil Nadu Shops and Establishments ActState Act of Tamil Nadu · Act 36 of 1947

Any person who wilfully obstructs an Inspector in the exercise of any power conferred on him under this Act or any person lawfully assisting an Inspector in the exercise of such power, or who fails to comply with any lawful direction made by an Inspector, shall be punishable with fine which may extend to two hundred and fifty rupees.

3[46-A. Compounding of Offences – (1) Any offence punishable under section 45 or any rule made under section49 may, either before or after the institution of the prosecution, be compounded by the Commissioner of Labour or such other officer as may be authorised in this behalf by the Commissioner of Labour, on payment, for credit to the State Government, of such sum as the Commissioner of Labour or such other officer may specify:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.

(2) Nothing contained in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, was compounded.

Explanation—For the purpose of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.

1 Subs. by Tamil Nadu Act 9 of 2017, S.2 (with effect from 01.04.2017) 2 Ins. By Tamil Nadu Act 44 of 2008, S.3 (with effect from 19th June, 2008) 3 Ins. By Tamil Nadu Act 18 of 1999, S.2 (with effect from 10th August, 1999) 18

(3) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender, in respect of the offence so compounded and the offender, if in custody, shall be discharged forthwith.

(4) No offence punishable under this Act shall be compounded except as provided by this section.]

CHAPTER X MISCELLANEOUS

47. Maintenance of registers and records and display of notices-- Subject to the general or special orders of the 1[State] Government, an employer shall maintain such register and records and display such notices as may be prescribed.

48. Delegation of powers—(1) The 1[State] Government may, by notification, authorize any officer or authority subordinate to them, to exercise any one or more of the powers vested in them by or under this Act, except the power mentioned in section 49, subject to such restrictions and conditions, if any, as may be specified in the notification.

(2) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the 1[State] Government or by such persons as may be empowered by them in that behalf. The 1[State] Government shall also have power to control and revise the acts or proceedings of any person so empowered.

Where this provision sits

ActTamil Nadu Shops and Establishments Act
Section46
Marginal notePenalty for obstructing Inspector, etc
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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