Section Text
(1) Any employer who--
(a) pays to any employee less than the amount due to such employee under the provisions of this
Code shall be punishable with fine which may extend to fifty thousand rupees;
(b) having been convicted of an offence under clause (a) is again found guilty of similar offence
under this clause, within five years from the date of the commission of the first or subsequent offence,
he shall, on the second and the subsequent commission of the offence, be punishable with
imprisonment for a term which may extend to three months or with fine which may extend to one
lakh rupees, or with both;
(c) contravenes any other provision of this Code or any rule made or order made or issued there
under shall be punishable with fine which may extend to twenty thousand rupees;
(d) having been convicted of an offence under clause (c) is again found guilty of similar offence
under this clause, within five years from the date of the commission of the first or subsequent offence,
he shall, on the second and the subsequent commission of the offence under this clause, be punishable
with imprisonment for a term which may extend to one month or with fine which may extend to forty
thousand rupees, or with both.
(2) Notwithstanding anything contained in sub-section (1), for the offences of non-maintenance or
improper maintenance of records in the establishment, the employer shall be punishable with fine which
may extend to ten thousand rupees.
(3) Notwithstanding anything contained in clause (c) of sub-section (1) or sub-section (2), the
Inspector-cum-Facilitator shall, before initiation of prosecution proceeding for the offences under the said
clause or sub-section, give an opportunity to the employer to comply with the provisions of this Code by
way of a written direction, which shall lay down a time period for such compliance, and, if the employer
complies with the direction within such period, the Inspector-cum-Facilitator shall not initiate such prosecution proceeding and, no such opportunity shall be accorded to an employer, if the violation of the
same nature of the provisions under this Code is repeated within a period of five years from the date on
which such first violation was committed and in such case the prosecution shall be initiated in accordance
with the provisions of this Code.