Amendment status not verified — confirm the current text below against the official source.
Offellces by Compames.-( I) Where an offence under this Act has been committed by a company every person who, at the time the offence was com- mitted, 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 bt gmlty of the offenc~ and shall be liable to be proceeded against and punished accordmgly , Provided tfiat nothing contained m this sub-section shall render any such person liable to any punishment, 1f he proves that the offence was commttted without hts knowledge or that he had exerctsed all due dehgence to prevent the commissiOn of such offence. . 8 (2) Notwithstanding .anythmg contained m su~-sec1 ion ( l), where any offence under this Act has·.been comnutted by a company and it ts proved that the offence h;:u; been comnutted 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 company, such duector, manager secretary or other office! shall be deemed to be guilty of that offence 'ahd shall be hable to be proceeded against and punished accordingly. Explanatwn.-For the purposes of th1s section,- (a) "company" means 'any body corporate and includ_es a firm or othet association of m<iiv1duals; and (b) "directoc", in relation to a fi1m, means a paitner m the firm ' . ·9 .• Cogmzance and t1 zal of o.ffenm -(I~ No court infenor to that of a J udic1al Mag1strat'e of the first class shall try any offence pu~11Spable under th1s Act. . (2) No court sh~l! take cogntlance of an offence punis_hable under this Act. <'XCept upon a complnint mad<" With the sanct1on of the Government or ,an officer authonsed b~ them m tliis behalf . .... (3) No court shall take cogmzance of an offence punishable under 1h1s Act unless complamt thereof 1s made w1thin thtec months from the dale on · which sanction IS granted under th1s section I 0 Burden of prdoj -Notw1thstandmg anythmg con tamed m any ·law for the time being m force, m any proceedmg under this Act, the burden of proving that a work J}c1 formed by a casual, temporary or baclh worke1 IS not the same work or work of a Similai nature as that pe1 formed by a permanent worker shall be on the employer. • 11 \ I .. l 4 II. Power to makr rules-( I) The Government may, by notificatiOn in the Gazette, make ,rules for caiTymg out the proviSions of this Act. -..1 (2) l n particular, and without prejudice to the generality of the fore- ·f> going powe1. such rules may provide for all or any of the followmg matte1 s, namely:- (a) the manne1 In which complamt oi f laun 1 efen ed to in sub-sectiOJl (I) of section 4 shall be made / (b) (c) 1egJste1s and other documents which an employer 1s required' under sccnon 5 to maintain m Ielation to the casual, temporary and badh workers employed by him, ' ' any othe1 matte1, which 1s required to be, or may, prescnbed i '. • t .. 9 {3) Every rule rn.1de under this Act shall be laid, as soon as may be after It IS made, before the Legislative Assembly while it is in session, for a total period of fourteen days, wh1ch may be comprised m one sess1on or in two success1ve sessions, and if, before the cxpi1 y of the sess1on in which it is so laid or the sessiOn Immediately following, the Legislative Assembly makes any modificatiOn in the rule or decides that the rule should not be made, the rule shall thereaftei have effect only m such modified form or be of no effect, as the case may be; so however, that any such modificatiOn or annulment shall be without prejudice to the vahd1ty of anything previously done under that rule . •