22. Obstructions.—(1) Whoever obstructs an inspector in the discharge of his duties under this Act
or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection,
examination, inquiry or investigation authorised by or under this Act in relation to an establishment to
which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend to five hundred rupees, or with both.
(2) Whoever wilfully refuses to produce on the demand of an inspector any register or other
document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has
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 imprisonment for a term which
may extend to three months, or with fine which may extend to five hundred rupees, or with both.
23. Contravention of provisions regarding employment of contract labour.—Whoever
contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or
regulating the employment of contract labour, or contravenes any condition of a licence granted under this
Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine
which may extend to one thousand rupees, or with both, and in the case of a continuing contravention
with an additional fine which may extend to one hundred rupees for every day during which such
contravention continues after conviction for the first such contravention.
24. Other offences.—If any person contravenes any of the provisions of this Act or of any rules made
thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment
for a term which may extend to three months, or with fine which may extend to one thousand rupees, or
with both.
25. Offences by companies.—(1) If the person committing an offence under this Act is a company,
the company as well as every person in charge of, and responsible to, the company for the conduct of its
business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to any neglect on the part of any
director, manager, managing agent or any other officer of the company, such director, manager, managing
agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.—For the purpose of this section—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
12
(b) “director”, in relation to a firm, means a partner in the firm.
STATE AMENDMENT
Uttar Pradesh
Insertion of new Section 25-A.—After section-25 of the principal Act the following section shall be
inserted, namely:—
“25-A. (1) Any offence committed under this Act, punishable with fine or imprisonment up to six
months or with both may, on an application of the accuses person, either before or after institution of any
prosecution, be compounded by such Competent Officer, as the State Government may by notification,
specify for a sum of fifty percent of the maximum fine provided for such offence, in such manner as may
be prescribed:
Provided that the provision of compounding under this section shall be available only for commission
of first offence.
(2) Every application for the compounding of an offence shall be made in such manner as may be
prescribed.
(3) Where any offence is compounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence, against the offender in relation to whom the offence is so
compounded.
(4) Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the
court in which prosecution is pending and on such notice of the composition of the offence being given,
the person against whom the offence is so compounded shall be discharged.”
[Vide the Uttar Pradesh Act 14 of 2018, s. 5]
Union Territory Of Ladakh
After section 25, insert-
"25A. Compounding of offences.--(1) Any offence punishable under sub-sections (1) and (2) of
section 22 and section 24 may, either before or after the institution of the persecution, on an
application by the alleged offender, be compounded by such officer or authority as the appropriate
Government may by notification in the official Gazette, specify in this behalf for such amount as
specified in the Table below:--
TABLE
S. No. Section Compounding amount
1 2 3
1 22(1), 22(2) and 24 Number of workmen employed in the
industry
Amount not exceeding
1 to 50 Rs. 5000/-
51 to 100 Rs. 8,000/-
101 to 500 Rs. 12,000/-
More than 500 Rs. 16,000/-:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the
said specified compounding amount:
13
Provided further that the offences of the same nature committed by the same offender for more
than three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to
the satisfaction of such officer or authority that such offence is not continued any further:
Provided also that when an offence is compounded on an application by the principal employer or
contractor, then seventy-five per cent. of the compounding amount received from him, shall be paid
to the concerned employee or equally amongst the employees and if any employees are not
identifiable, then the remaining amount shall be deposited in such manner as may be notified by the
appropriate Government.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall
be taken against the offender in respect of such offence and the offender, if in custody, shall be
released or discharged."
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification
no. S.O. 3465(E), dated (5-10-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification no. S.O. 3774(E), dated (23-10-2020).]
26. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on
a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to
that of a Presidency Magistrate or a magistrate of the first class shall try any offence punishable under this
Act.
27. Limitation of prosecutions.—No court shall take cognizance of an offence punishable under this
Act unless the complaint thereof is made within three months from the date on which the alleged
commission of the offence came to the knowledge of an inspector:
Provided that where the offence consists of disobeying a written order made by an inspector,
complaint thereof may be made within six months of the date on which the offence is alleged to have
been committed.