Bare ActsThe Madhya Pradesh Industrial Relations Act, 1960

Section 104

Contempt of Board, Industrial Court, and Labour Court relating to omission to produce documents, etc

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

Contempt of Board, Industrial Court, and Labour Court relating to omission to produce documents, etc.—(1) If any person- (a) when ordered by a Board, the Industrial Court or a Labour Court to produce or deliver up any document or to furnish any information being legally bound intentionally omits to do so; or (b) when required by a Board, the Industrial Court or a Labour Court to bind himself by an oath or affirmation to state the truth refuses to do so; or (c) being legally bound to state the truth on any subject to a Board or the Industrial Court or a Labour Court refuses to answer any question demanded of him touching such subject by such Court or Board; or (d) intentionally offers any insult or causes interruption to a Board, the Industrial Court or a Labour Court, at any stage of its judicial proceeding; he shall, on conviction, 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. (2) If any person refused to sign any statement made by him, when required to do so by a Board, the Industrial Court or a Labour Court, he shall on conviction, 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. (3) If any offence under sub-section (1) or sub-section (2) is committed in view or presence of the Industrial Court or a Labour Court, as the case may be shall proceed to try the same as if such Court were a Civil Court for purposes of sub-section (1) of section 345, section 346, and section 348 of the Code of Criminal Procedure, 1973 (No. 2 of 1974). section 345-- Procedure in certain cases of contempt :- (1) When any such offence as is described in section 175, section 178, section 179, session 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of any Civil, Criminal or Revenue Court, the court may cause the offender to be detained in custody and may, at any before the rising of the court on the same day, take cognizance of the offence and after giving the offender a reasonable opportunity of showing why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and in default of payment of fine, to simp1e imprisonment for a term which may extend to one month, unless such be sooner paid. (2) In every such case the court shall record the facts constituting the offence, with the statement (if any) made by thee offender, as well as the finding an sentence. (3) If the offence is under section 228 of the Indian Penal Code (45 of 1860) record shall how the nature and stage of the judicial proceeding in which court interrupted or insulted was sitting and the nature of the interruption insult. Section 346- Procedure where court considers that case should not be with under section 345- (1) If the court in any case considers that a person accused of any of the offence referred to in section 345 and committed in its view or presence should imprison otherwise than in default of payment of fin, or that a fin exceeding two hundred rupees should be imposed upon him, or such court is for any other reason of opinion that the case should not bee disposed of under 345, such court after recording the facts constituting the offence and of the accuse as here in before provided may toward the case to a Magistrate having jurisdiction to try the same and may require security to be given for the appellant of such person before such Magistrate or it sufficient security is not given shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police Section 348- Discharge of offender on submission of apology-- When any court has under section 345 adjudged an offender to punishment or has under section 346 forwarded him to a Magistrate for trial for refusing or omitting to do anything which was lawfully required to do or for any intentional insult or interruption, the court may in its discretion, is charge the offender or remit the punishment on his submission to the order or requisition of such court, or an apology being made to its satisfaction.

Section 104 – The Madhya Pradesh Industrial Relations Act, 1960 | DailyLaw.ai