Bare ActsThe Goa Labour Welfare Fund Act, 1986

Section 2729

General provision for punishment for offences

Amendment status not verified — confirm the current text below against the official source.

General provision for punishment for offences.— Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided separately under this Act, be punishable with imprisonment which may extend to six months or with a fine which may extend to one thousand rupees or with both. [29. General provision for penalty for contravention.— Any employer who contravenes any provision of this Act or of any rule or order made there under shall, if no other penalty is separately provided under this Act, be liable to a penalty which may extend to ten thousand rupees.] 28[29A Compounding of Offences.— (1) 29Any offence punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by such Officer, as the Government may, by notification in the Official Gazette, specify, for a sum equivalent to seventy-five percent of the maximum fine provided for such offence, in such manner as prescribed. [(1) Any contravention liable to penalty under this Act may, on an application made by the person concerned, either before or after the institution of any proceedings, be compounded by such Officer as the Government may, by notification in the Official Gazette, specify, for a sum equivalent to seventy-five percent of the maximum penalty provided for such contravention, in such manner as may be prescribed.] ---12--- (2) Nothing contained in sub-section (l) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date,— (a) of commission of a similar offence which was earlier compounded; (b) of commission of a similar offence for which such person was earlier convicted. (3) Every officer referred to in subsection (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Government. (4) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed. (5) 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. (6) 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 subsection (1) in writing to the notice of the court in which the 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. 30 (7) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty percent of the maximum fine provided for the offence, in addition to such fine. [(7) Any person who fails to comply with an order made by the officer referred to in sub- section (1) shall be liable to pay a sum equivalent to twenty five percent of the maximum penalty provided for the contravention, in addition to such penalty.] (8) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section].

Section 2729 – The Goa Labour Welfare Fund Act, 1986 | DailyLaw.ai