Amendment status not verified — confirm the current text below against the official source.
Power of Government as respects owards.—lf the Government are of opinion that it is inexpedient on public grounds affecting national economy or social justice to give dffect to the whole or any part of an award teferred to in sub-sectidn (5) of section 22, they may, by notification in the Gazette, declare that the award shall not become enforceable on the expiry of the period mentioned in sub-section (7) of the said section. Where any declaration has been made in relation to an award under sub-section (I), the Government may, within thirty days from the date of publication of the awEd under sub-section (6) of section 22, make an order rejecting or modifying the award, and such order shall be published in the Gazette. Where no order has been passed by the Government under sub- section (2), the award 9 iall become enforceable on the expiry of the period of thirty days mentioned in that sub-section. Where anj order has been made by the Government under sub-section (2), the award shall not be enforceable or, as the case may be. the award as modified shall be enforceable on the expiry of a period offive days from the date of publication of such order in the Gazette. 15 CHAPIER VI , PENALTIES AND PROCEDURE Penalty for obsiructions, etc.—(l) Whoever obstructs any Inspector or Conciliation Officer in the discharge of his duties under this Act or refuses or wilfully neglects to atThrd any Inspector reasonable facilities for making an inspection, examination or inquiry authorised by or under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fme which may extend to one thousand 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 aucmps 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 Jnspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Penalty for making false statements, etc—Whoever for the purpose of avoding any payment to be made by him under ihisAct or under the Scheme or for enthling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a terni which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Penalty for breach of sett/ement or award—My person who commits a breach of any term of any settlement or award shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both, and, where the breach is a continuing one, with a further fme which may extend to one hpndred rupees for every day during which the breach continues after conviction for the first such breach, and the court trying the offence may direct that the whole or any part of the fine realised from him shall be paid by way of compensation to any person who in its opinion has been injured by such breach. 30: Other penalties—Whoever contravenes or makes default in complying with any of the provisions of this Act or the Scheme or of any rule made under this Act shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment for a term which may extend tosix 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. 16 Enhanced penahv cifler previous conviction--If any person who has been convicted of any offence punishable under this Act is again found guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which shall not be less than one month, but which may extend to six months and with fine which shall not be lss than five hundred rupees, but which may extend to two thousand rupees: - Provided that for the purposes of this section, no cognizance shall be taken of any conviction made more than five years before the commission of the offence which is being punished. OJfences by ornpanies.—(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence land 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 I punishment if he proves that the offence was committed without his knowledge or that he exercisód all due deligence to prevent the comnussion 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 is attributable to any neglect on the part of any director, manager, secretary or other officer of the compan', such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished acordingly. Explanation.—Fdr the purposes of this section,- "company" means any body corporate and includes a firm or other association of individuals; and "director", 'in relation to a firm, means a partner in the firm. - 33. Cognizance of bffences.—No court shall take cognizance of any offence punishable under this Act, exception complaint made by, or with the previous •sanction in writing of, the Government or an officer authorised by the Goyernment in this behalf by notification in the Gazette, and no court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act. 47