Section 18:
Penalty.
1[(1) If any employer contravenes any of the provisions of this Act or any rule or order
made thereunder, he shall be punishable with fine which may extend to two hundred rupees.
(1A) Whoever, having been convicted of any offence under this Act, is again convicted of an offence
involving the contravention of the same provision, shall be punishable with fine which may extend to five
hundred rupees.
(1B) Where an offence 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 provided in this section 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.
(1C) Notwithstanding anything contained in sub-section (1B), where an offence under this section has
been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to, any gross negligence 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 such offence and shall be liable to be proceeded against
and punished accordingly.
(1D) Forthe purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals;
and
(b) "director" in relation to a firm means a partner in the firm.]
(2) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any
offence punishable under this section.
(3) No Court shall take cognizance of an offence under this section, unless the complaint thereof is
made within six months of the date on which the offence is alleged to have been committed.
Notes:
1. Subs. by Act 65 of 1962, s. 6, for sub-section (1) (w.e.f. 15-1-1993).