Section 23 in The Tamil Nadu Catering Establishments Act, 1958
23. Penalties.
- [(1) Any employer who contravenes any of the provisions of sections 3-A, 4, 5, 6, 7, 9, 10, 11,11-A, 12 and 14-A or fails to pay wages or compensation in accordance with any order of the appellate authority passed under clause (b) of sub-section (2) of section 19 shall, on conviction, be punishable [with fine which, for a first offence, may extend to five thousand rupees and for a second or subsequent offence, with fine which may extend to ten thousand rupees] [Substituted for Tamil Nadu Act 29 of 1975.] or more than two hundred and fifty rupees and for a third or any subsequent offence shall not be less than two hundred and fifty rupees or with imprisonment which may extend to three months, or with both.](2)(a)Any employer who fails to reinstate an employee in accordance with any order of the appellate authority passed under clause (b) of sub-section (2) of section 19 shall, on conviction, be punishable [with fine which may extend to five thousand rupees.] [Substituted 'with fine which may extend to one hundred rupees' by Act No. 9 of 2018, dated 25.1.2018.](b)Any employer, who after having been convicted under clause (a), continues to fail to reinstate an employee in accordance with the order mentioned in that clause shall, on conviction, be punishable for each day after the previous date of conviction, during which he continues so to offend, [with fine which may extend to two hundred and fifty rupees.] [Substituted 'with fine which may extend to twenty rupees' by Act No. 9 of 2018, dated 25.1.2018.](c)Any Court trying an offence punishable under this sub-section may-direct that the whole or any part of the fine realised from the accused shall be paid by way of compensation to the person who, in its opinion, has been injured by such failure.[(2-A) Whoever fails to produce on demand by an Inspector, any register, record or other document in his custody kept in pursuance of this Act or of any rules made thereunder or conceals or prevents any employee in a catering establishment from appearing before or being examined by an Inspector shall, on conviction, be punishable with imprisonment for a term which may extend to three months or [with fine which may extend to one thousand rupees.] [Inserted by Tamil Nadu Act 29 of 1975.] or with both.](3)Whoever contravenes any other provisions of this Act or any of the rules made under this Act shall, on conviction, be punishable [with fine which may extend to five hundred rupees.] [Substituted 'with fine which may extend to fifty rupees' by Act No. 9 of 2018, dated 25.1.2018.](4)[Any amount] [Substituted for 'Any compensation' by Tamil Nadu Act 29 of 1975.] required to be paid by an employer under clause (b) of sub-section (2) of section 19, but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936).(5)[ Whenever an employer is convicted for contravention of section 3-A, the Court shall, in addition to any fine which may be imposed for such contravention, recover summarily and pay over to the Inspector the amount of the fee chargeable for the grant, or renewal of the registration certificate, as the case may be, and may, in its discretion, also recover summarily and pay over to the Inspector such amount, if any, as it may fix as the costs of the prosecution.] [Added by Tamil Nadu Act 29 of 1975.](6)[ (a) Where an employer is convicted of an offence punishable under this Act, the Court may in addition to awarding any punishment by order in writing require him within a period specified in the order (which the Court may, if it thinks fit and on application in such behalf from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.(b)Where an order is made under clause (a), the employer shall not be liable for punishment under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if on the expiry of such period or extended period, as the case may be, the order of the Court has not been fully complied with, the employer shall be deemed to have committed a further offence and may be sentenced therefor by the Court to undergo imprisonment for a term which may extend to three months or to pay a fine which may extend to fifty rupees for every day after such expiry on which the order has not been complied with or both to undergo such imprisonment and to pay such fine as aforesaid.]
