(1) The Administrator may by notification appoint such persons or such class of persons as he thinks fit to be Inspectors for the purposes of this Act
(2) All Inspectors appointed under sub-section (1) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code Powers of Inspectors
20. Subject to rules made under this Act, an Inspector appointed under section 19 may within the local limits for which he is appointed
(a) enter at all reasonable hours with such assistants if any as he may consider necessary, being persons in the service of the Government, any premises or place, where he has reason to believe there is a shop or an establishment, for inspecting any 21[Trade License issued by the Competent Authority under any Law for the time being in force] records, registers, documents or notices required to be displayed or maintained and kept under this Act or the rules made there under and require the production thereof for inspection;
(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe is a person employed in the shop or the establishment; and
(c) seize, when so authorized under orders of such superior officer as may be prescribed or take copies of such registers, records, documents or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by shop-keeper or employer
21. Subs. by 5th Amendment of 2021(w.e.f.15.05.2021) 10 Penalties 21.22[(1) Whoever contravenes any of the provisions of Section 16 or Section 17, shall on conviction, be punishable with fine, 23[minimum of which shall be rupees one hundred, but] which may extend to rupees five hundred for the first offence and to one thousand rupees for any subsequent offence.
(1A) whoever contravenes any of the provisions of Section 5 to Section 13, Section 15 or Section 18, shall on conviction, be punishable with fine, the minimum of which shall not be less than rupees two hundred, but which may extend to seven hundred rupees and incase of any subsequent contravention after first conviction, with imprisonment for a term which may extend to three months or with fine, the minimum of which shall be not less than rupees three hundred, but which may extend to one thousand rupees or with both.]
(2) Whoever makes or causes or allows to be made in any register, record, document or notice required to be maintained and kept or displayed under this Act or the rules made there under any entry which is to his knowledge false in any material particular or willfully omits or causes or allows to be omitted from any such register, record, document or notice an entry required to be made therein shall on conviction be punishable with imprisonment of either description for a term which may extend to three months or with fine 24[minimum of which shall be rupees one hundred but] which may extend to one thousand rupees, or with both.
Procedure 22. (1) No Court inferior to a Magistrate of the first class shall try an offence punishable under this Act.
(2)25[***].
26(3) An offence punishable under Section 5, 6, 7, 11, 16, 17 and 18 of this Act may be tried summarily.
Provided that such complaint shall in the case of offences punishable under sub-section (2) of section 21, be made with the prior approval of the Administrator.
27[22 A. Any offence punishable under the provisions of Section 5, 6, 7, 11, 17, 18, of the Act or an offence punishable under any rule made under this Act may, either before or after institution of the prosecution, be compounded by the offender by submitting an application to such officer as maybe authorized by the government in this behalf on such terms and on payment of such fine as the officer so authorized may specify by an order and on payment of such fine no further proceedings shall be taken against such person.
Provided that the amount of fine shall not, in any case, exceed the maximum amount of fine which may be imposed for such offence under, the Act.
Provided further that nothing contained in this section shall apply to a person who commits the same offence within a period of 3 years from the date on which the first offence committed by him was compounded.]’’ Indemnity 23. No suit prosecution or legal proceeding shall be against any person in respect of anything in good faith done or intended to be done under this Act or the rules made there under
22. Subs. by 2nd Amendment of 1988(w.e.f. 02.01.1989)
23. Ins. by 1st Amendment of 1982(w.e.f. 10.08.1982)
24. Ins. by 1st Amendment of 1982(w.e.f. 10.08.1982)
25. Deleted by 1st Amendment of 1982(w.e.f. 10.08.1982)
26. Ins. by 3rd Amendment of 2001(w.e.f. 18.01.2001)
27. Ins. by 3rd Amendment of 2001(w.e.f. 18.01.2001) 11 Saving of certain rights and privileges
24. Nothing in this Act shall affect any right or privilege to which any person employed in any shop or establishment is entitled on the date of the commencement of this Act under any law for the time being in force or under any contract, custom or usage which is in force on that date, if such right or privilege is more favorable to him than any right to privilege conferred upon him by this Act or granted to him at the time of appointment.
Power to make rules