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State of Tamilnadu - Section

Section 33 in The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

33. General penalty for offences.

(1)Save as otherwise expressly provided in this Act, any person who contravenes any of the provisions of this Act or any rule made thereunder, 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 31, shall, on conviction, be punishable for the first offence, with fine which may extend to two hundred and fifty rupees, and for a second or any subsequent offence with imprisonment for a term which shall not be less than one month or more than six months or with fine which shall not be less than one hundred rupees or more than five hundred rupees, 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 31 shall, on conviction, be punishable with fine which may extend to two hundred and fifty rupees.
(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 twenty rupees.
(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.
(3)Any compensation required to be paid by an employer under clause (b) of sub-section (2) of section 31 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).
(4)It shall be no defence in a prosecution of any person for contravention of section 3 that any manufacturing process connected with the production of beedi was carried on by such person himself or by any member of his family or by any other person living with, or dependent on, such person.