Section 6
-(l) The Government may, by in the Gazette, appomt such persons as they may think fit to be InspectOJ s for the put pose ofmakmg an mvestJgation as ·o whether tht- p10visions of this Act or the 1 u made· thereunder aJe being complied with by employers, and may define th.e local limtts witlun which each Inspector n1ay make such mvestigation
6 -(l) The Government may, by in the Gazette, appomt such persons as they may think fit to be InspectOJ s for the put pose ofmakmg an mvestJgation as ·o whether tht- p10visions of this Act or the 1 u made· thereunder aJe being complied with by employers, and may define th.e local limtts witlun which each Inspector n1ay make such mvestigation
Every Impcc101 shall be deemed to be a pubhc ~enant w w1thin the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860)
An Inspector may, at any place w1thm the local hmit~ of lm junsdiction,-
(a~ enter, at any reasonable time, w;th such assistance as he thmks fi_t, any bwldmg, p1 ctmses, vehicle or vessel;
(b) require any employer io produce any register, muster-roll or other 1Cia1ing to the employment of worke1s, and examine such documents,
(c) take, on the or otherwise, the ev1dencc of any pe1son for the purpose of asceltammg whether the prOVISIOns of ,this Act or the lUics made thereunder are bemg or have been complied with,
(d) cxamin<> the employe!, his agent or servant 01 any other person found in charge of the cstabhshment, factory, plantation, motor transport undertakmg or other or any prcmtses connected therewtth or any person whom the Inspector has reasonable cause to believe to be, or to have been, a worker in the estabhshment, factory, plantatiOn or undertaking;
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(c) make copies of, or take extracts from, any register or other d d~~ument maintained under this Act m relation to the establishment, factory, plantation, motor transport urtdertaking or other undertaking.
Any person required by an Inspector to produce any register or other document or to give any information shall comply with such requisition . .
. '(5) Every employer shall afford the Inspector all facilities for making any entry, inspectiOn, exammation or investigation under this Act.
Penalties.-(1) If any employer contravenes the provisions of section 3, he shall be punishable with fine which may extend to five thousand rupees.
If any person being rcqmred so to do, omits or refuses to produce to an Inspector any register or other document or to give any information, he shall be punishable with fine which may extent to one thousand rupees.
'(3) If any employer or other person obstructs any Inspector m the discharge "of his duties under this Act-l he shall be punishable with fine which may extend to two thousand rupees . .
If any employer refuses or wilfully neglects to afford an Inspector reasonable facilities for making an entry, inspection,· examination or investigation under this Act, he shall be punishable with fine which may extend to two thousand r,upees.
If any employer, bemg required by or under this Act so to do, refuses to g1ve any evidence or prevents his agent, servant or any other person m charge of the establishment, factory, plantation, motor transport undertakmg, or other as the case may be, or any worker, from giving evidence, he shall be punishable with fine which may extend to one thousand rupees.
If any person makes default m complying with the provisiOns of any rule or order made under this Act, he shall if no other penalty IS prov1ded for such contravention by this Act, be punishable with line which may extend to five hundred rupees
' 8. Offellces by Compames.-( I) 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 bt gmlty of the offenc~ a and shall be liable to be proceeded against and punished accordmgly ,
Provided tfiat nothing contained m this sub-section shall render any such person liable to any punishment, 1f he proves that the offence was commttted without hts knowledge or that he had exerctsed all due dehgence to prevent the commissiOn of such offence. .
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Notwithstanding .anythmg contained m su~-sec1 i ion ( l), where any offence under this Act has·.been comnutted by a company and it ts proved that the offence h;:u; been comnutted 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 duector, manager secretary or other office! shall be deemed to be guilty of that offence 'ahd shall be hable to be proceeded
Explanatwn.-For the purposes of th1s section,-
(a)
i "company" means 'any body corporate and includ_es a firm or
if ii1dld () pyy
othet association of m<iiv1duals; and
(b) "directoc", in relation to a fi1m, means a paitner m the firm '
·9 .• Cogmzance and t1 zal of o.ffenm -(I~ N No court infenor to that of a J udic1al Mag1strat'e of the first class shall try any offence pu~11Spable under th1s Act.
. (2) No court sh~l! take cogntlance of an offence punis_hable under this Act. <'XCept upon a complnint mad<" With the sanct1on of the Government or ,an officer authonsed b~ t them m tliis behalf .
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No court shall take cogmzance of an offence punishable under 1h1s Act unless complamt thereof 1s made w1thin thtec months from the dale on · which sanction IS granted under th1s section
I 0 Burden of prdoj -Notw1thstandmg anythmg con tamed m any ·law for the time being m force, m any proceedmg under this Act, the burden of proving that a work J}c1 formed by a casual, temporary or baclh worke1 IS not the same work or work of a Similai nature as that pe1 formed by a permanent
khll bhl worker shall be on the employer.
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Power to makr rules-( I) The Government may, by notificatiOn in the Gazette, make ,rules for caiTymg out the proviSions of this Act.
l n particular, and without prejudice to the generality of the fore- going powe1. such rules may provide for all or any of the followmg matte1 s,
(a) the manne1 In which complamt oi f laun 1 efen ed to in sub-sectiOJl (I) of section 4 shall be made /
(b) 1egJste1s and other documents which an employer 1s required' under sccnon 5 to maintain m Ielation to the casual, temporary and badh workers employed by him, '
(c) any othe1 matte1, which 1s required to be, or may, prescnbed
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{3) Every rule rn.1de under this Act shall be laid, as soon as may be after It IS made, before the Legislative Assembly while it is in session, for a total period of fourteen days, wh1ch may be comprised m one sess1on or in two success1ve sessions, and if, before the cxpi1 y of the sess1on in which it is so laid or the sessiOn Immediately following, the Legislative Assembly makes any modificatiOn in the rule or decides that the rule should not be made, the rule shall thereaftei have effect only m such modified form or be of no effect, as the case may be; so however, that any such modificatiOn or annulment shall be without prejudice to the vahd1ty of anything previously done under that rule . .