(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
     (2) An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.
     (3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.
     (4) No Court inferior to that of ¹[a Metropolitan Magistrate or Judicial Magistrate of the second class] class shall try any offence under this section.
                                                    STATE AMENDMENTS
    Karnataka
    Amendment of section 13.--In section 13 of the principal Act,---
        (i) in sub-section (1), after the words and figure "Standing Orders as required by section 3", the words and figures "or who fails to adopt Standing Orders as required by sub-section (4) of section 3" shall be inserted;
        (ii) in sub-section (2), after the words "finally certified", the words "or adopted" shall be inserted.
    [Vide Karnataka Act 12 of 2014, s. 11]
     Maharashtra.--
     Amendment of section 13 of Act XX of 1946.--(a) in sub-section (1),--
            (i) for "who fails to submit draft standing orders as required by section 3, or who modifies his standing orders", substitute "who modifies the standing orders, model standing orders or amendments";
            (ii) for "section 10", substitute "the provisions of this Act";
            (iii) for "shall be punishable", substitute "shall on conviction, be punished".
        (b) in sub-section (2), for the words "the standing orders finally certified under this Act for his industrial establishment shall be punishable", substitute the words "the standing orders, model standing orders or the amendments as finally certified under this Act for his industrial establishment, as the case may be, shall, on conviction, be punished" shall be substituted.
        (c) after sub-section (2), insert the following sub-sections, namely:--
    [(2A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases other than those falling under sub-section (1) or sub-section (2), shall, on conviction, be punished with fine which may extend to one hundred rupees and in the event of such person being previously convicted of an offence under this Act, with fine which may extend to two hundred rupees and in the case of a continuing offence with a further fine which may extend to twenty five rupees for every day after the first during which the offence continues.     (2B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modification or contravention of the standing orders, model standing orders or amendments, as the case may be.
    (2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the Court thinks fit".
[Vide Bombay Act XXI of 1958, s. 15]