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State of Maharashtra - Section

Section 104 in The Maharashtra Industrial Relations Act, 1946

104. Penalty for instigating, etc, illegal strikes, lock-outs, closures and stoppage.

Any person who instigates or incites other to take part in, or otherwise acts in furtherance of a lock-out or a closure for which an employer is punishable under section 102 or a strike or a stoppage for which any employee is punishable under section 103, shall on conviction be punishable with imprisonment of either description for a term which may extend to three months, or with fine or with both:Provided that no person shall be punishable under this section where the Court trying the offence is of opinion that in the circumstances of the case a reasonable doubt existed at the time of the commission of the offence about the legality of the strike, lock-out, closure or stoppage, as the case may be.Explanation I.—For the purpose of this section, a person who contributes, collects or solicits funds for the purposes of any such strike, lock-out, closure or stoppage shall be deemed to act in furtherance thereof.Explanation II.—A person shall be deemed to have committed an offence under this section if before an illegal strike, lock-out, closure or stoppage has commenced, he has instigated or incited others to take part in, or otherwise acted in furtherance of such strike, lock-out, closure or stoppage.