Application of Employees Compensation Act to head load — (AMENDED BY ACT dOF 1994),Act 27 of 20081Act 3 of 2009 & Act 13 of 2013

24. Application of Employees Compensation Act to head load Workers:-The provisions of the Employees Compensation Act 1923 (Central Act 8 of 1923) and the rule made there under shall mutatis mutandis apply to the head Substituted by NofnNo.1071S/LegC2/2010/Law d15.E.2013.Puhbshed in K.G,Extra No.649 dl 53.2013 load workers employed in any establishment, and, for that purpose, they shall be deemed to be 12(employees) within the meaning of that Act. CHAPTER IX REGISTER AND RECORDS 25.Registration of Head load Workers:(1) Such authority or officer referred to Sub-so of S.25 shall maintain a register of head load workers within its or his jurisdiction. (2)The register shall contain such particulars as may be prescribed. The register shall be maintained by the authority or officer as the case may be, in such manner as may be prescribed. Maintenance of Registers and Records of Employers:- Every employer or contractor who employ or engage in or for an establishment any head load worker registered under the Scheme, shall register their name with the Committee concerned by paying such fees and in such manner as may be prescribed, CHAPTER X PENALTIES AND PROCEDURE Penalt, for obstructions:-(1) Whoever obstructs any Inspector or Assistant Labour Officer or Conciliation Officer or Appellate Authority in the discharge of his or Proviso added by act 13 of 2013 by Notfn.Noi0715/Leg,C2/2010Aaw dt 532011Published in KG.Extra No.649 dv .5.32013 its duties under this Act or refuses or willfully neglects to afford any Inspector reasonable facUities for making any inspection, examination or inquiry authorized by under this Act, shall 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. Whoever willfully refuses to produce on the demand of an Inspector or a Conciliation Officer or an appellate authority any register or other document kept in pursuance of this Act or prevents or aftempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by, an Inspector or a conciliation Officer or an appellate authority acting in pursuance of his or its duties under this Act, shall 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. Penalty for making false statement, etc.:- Whoever for the purpose of avoiding any payment to be made by him under this Act or under a Scheme or for enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall 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. Other penalties:-Whoever contravenes or makes default in complying with any of the provisions of this Act or a Scheme or of any rule made under this Act shall, if no other penalty is elsewhere provided by or under this Act for such contravention or noncompliance, 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, and, in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for any day during which such contravention continues after conviction for the first such contravention. Enhanced penalty after previous conviction:-lf any person who has been convicted of any offence punishable under this Act is again found guilty of an offence involving a contraventiorv of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, Offences by Companies - (1) Where 'an offence under this Act has been committed by a company, every person who at the time the offence was committed 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 be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, Notwithstanding anything contained in subi (1), where an offence under this. Act has been committed by a company and it is proved that the offence has been committed 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 Director,Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section:- company means any body corporate and includes a firm, or other association of individual: and "Directof in relation to a firm, meansa partner in the firm. Cognizance of offences - No court shall take cognizance of any offence punishable under this Act, except on complaint made by or with the previous sanction in writing of, the Government or an officer authorized by the Government in that behalf, and no court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. Limitation of prosecutions - No court shall take cognizance of an offence punishable under this Act unless complaint thereof is made within three months from the dale on which the alleged commigsion of the offence comes to the knowledge of the Government or the officer authorized under S.32. CHAPTER Xi MISCELLANEOUS Bar of jurisdiction of Civil Courts - No civil court shall entertain any suitor other proceedings to set aside or modify any order or decision passed by any authority or officer under this Act in respect of any of the matters falling within its or his scope, Power to take evidence on oath, etc: Any authority or officer exercising powers under this Act shall have the same powers as are vested in a civil court under the Code of Civil Procedure 1908 (Central Act Sof 1906), when trying a suit in respect of the following matters namely: enforcing the attendance of any person and examining him on oath: requiring the discovery and production of documents; receiving evidence on affidavit; issuing commissions for the examination of witnesses; such other matters as may be prescribed; and any proceedingbefore such authority or officer shall be deemed to be a judicial proceeding within the meaning of SsA93 and 228 and for the purposes of Si 96 of the Indian Penal Code (Central Act 46 of 1860) Recovery of money due from Employer:-(1) Where any money is due to a Head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s.(7) of S. 21 or S. 22, the head load worker himself or any other person authorized by him in that behalf or, in the case of death of the head load workor.·his assignees or heirs, may, without prejudice to any other mode of recovery, make an application to the appellate authority for the recovery of the money due to him and if the appeUate authority is satisfied that any money is so due, it shall issue a certificate to the Collector for the recovery of amount and thereupon the Collector shall recover the amount as if it were an arrear of public revenue due on land: Provided that every such application shall be made within one year from the date on which the money became due to the head load worker. Any amount due from an employer as contribution to any fund and any other amount due from an employer under this Act or a Scheme or rule made under this Act may, if the amount is in arrears, [the Chief Executive Officer or the Administrator of a committee may, without prejudice to any other mode of recovery, make an application to the Government or an officer authorized by the Government in this behalf for the recovery of the money due, and if the Government or the officer so authorized is satisfied that any money is so due, it or he sha, issue a certificate in the prescribed manner to the Chief Judicial Magistrate having jurisdiction and the Chief Judicial Magistrate shall proceed to realize the money as if it were a fine imposed by such Magistrate.] Power to recover damages - Where an employer makes default in the payment of any contribution to the fund, the Government may recover from him such damages, not exceeding twenty five per cent of the amount of arrears, as they think fit. Recovery of money due from Headload Workers:-Where any money is due to an employer by a head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s. (7) of S. 21 or S. 22, the employer himself or any other person authorized by him in that behalf or, in the case of death of the employer, his assignees or heirs, may, without prejudice to any other mode of recovery, make an appilcation to the appeilate authority for the recovery, of the money due to him and if the appeflate authority is satisfied that any money is so due, it shall order the payment of such money in such number of easy instalments as may be determined by it.

Section 24