Chapter XII - Inter-State migrant workers

94. General penalty for offences.—Save as otherwise expressly provided in this Code, if in, or in
respect of, any establishment, there is any contravention of the provisions of this Code or regulations or
rules, or bye-laws or any of standards, made thereunder or of any order in writing given under this Code
or such regulations or rules or bye-laws or standards, the employer or the principal employer of the
establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees

but which may extend up to three lakh rupees, and if the contravention is continued after the conviction,
then, with further penalty which may extend to two thousand rupees for each day till such contravention
continues.

95. Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum -
Facilitator, etc.—(1) Whoever wilfully—

        (i) prevents or causes obstruction to a Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator
   or an officer of the appropriate Government or a person authorised to discharge any duty or to exercise
   any powers under this Code or the rules or the regulations or the bye-laws made thereunder, from
   discharging such duty or exercising such power; or

        (ii) refuses entry to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator or person
   or public authority referred to in clause (i) of sub-section (1) of section 35 or expert referred to in
   section 37, to any place where such Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or
   such person or authority or expert is entitled to enter; or

         (iii) fails or refuses to produce any document which he is required to produce; or

       (iv) fails to comply with any requisition or order issued to him,

under this Code or the rules, regulations or bye-laws made thereunder he shall 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.

   (2) Where any person convicted of an offence punishable under sub-section (1) is again convicted of
an offence under the same provision, then, he shall be punishable with imprisonment for a term which
may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend
to two lakh rupees, or with both.

96. Penalty for non-maintenance of register, records and non-filing of returns, etc.—(1) Any
person, who is required under this Code or the rules or regulations or bye-laws or order made thereunder,
to—

        (i) maintain any register or other document or to file returns, omits or fails to maintain such register
   or document or to file such returns; or

        (ii) produce any register or plan or record or report or any other document, omits or fails to produce
   such register or plan or record or report or such other document,

he shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to
one lakh rupees.

   (2) Where any person convicted of an offence punishable under sub-section (1) is again convicted of
an offence under the same provision, then, he shall be liable to penalty which shall not be less than fifty
thousand rupees but which may extend to two lakh rupees.

97. Punishment for contravention of certain provisions.—(1) Any person, who, save as permitted
by or under this Code, contravenes, any—

        (i) provision of this Code or of any rule, regulation or bye-laws; or

        (ii) order made under this Code prohibiting, restricting or regulating the employment of workers
   including women, audio-visual worker and contract labour and employee below eighteen years of age
   in case of mines,

he shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to
one lakh rupees.

   (2) Where any person convicted of an offence punishable under sub-section (1) is again convicted of
an offence under the same provision, then, he shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend to two lakh rupees, or with both.

98. Punishment for falsification of records, etc.—(1) Whoever—


       (a) produces false records or counterfeits or knowingly makes or produces or uses a false
   statement, declaration or evidence regarding any document in connection with compliance of any of
   the provisions of this Code or any rules, regulations or bye-laws or any order made thereunder; or

       (b) falsifies any plan or section, the maintenance of which is required by or under this Code or
   produces before any authority such plan or section, knowing the same to be false; or

       (c) makes, gives or delivers knowingly a false plan, section, return, notice, record or report
   containing a statement, entry or detail,

he shall 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.

   (2) Where any person convicted of an offence punishable under sub-section (1) is again convicted of
an offence under the same provision, then, he shall be punishable with imprisonment for a term which
may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend
to two lakh rupees, or with both.

99. Penalty for omission to furnish plans, etc.—Any person who, without reasonable excuse the
burden of proving which shall lies upon him, omits to make or furnish in the prescribed form or manner
or at, or within, the prescribed time any plan, section, return, notice, register, record or report required by
or under any provision of this Code to be made or furnished, he shall be liable to penalty which shall not
be less than one lakh rupees but which may extend to two lakh rupees.

100. Punishment for disclosure of information.—(1) Whoever being the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator or any other person referred to in section 39 or section 121
discloses, contrary to the provisions of that section, any such information as is referred to in that section
without the consent of the appropriate Government, he shall 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.

   (2) No court shall proceed with the trial of any offence under this section except with the previous
sanction of the appropriate Government.

101. Punishment for wrongfully disclosing results of analysis.—Whoever, except in so far as it may
be necessary for the purposes of a prosecution for any offence punishable under this Code, publishes or
discloses to any person the results of an analysis, of a sample of substance used or intended to be used in
any process under this Code, shall be punishable with imprisonment for a term, which may extend to six
months, or with fine, which may extend to fifty thousand rupees, or with both.

102. Punishment for contravention of provisions of duties relating to hazardous processes.—(1)
Whoever fails to comply with or contravenes any of his duties specified under—

        (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in
   so far as such duty relates to hazardous processes; or

        (ii) section 80,

shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which
may extend to two years and with fine which may extend to five lakh rupees, and in case the failure or
contravention continues, with additional fine which may extend to twenty-five thousand rupees for every
day during which such failure or contravention continues, after the conviction for the first such failure or
contravention.

   (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year
after the date of conviction, the offender shall be punishable with imprisonment for a term which may
extend to three years or with a fine of twenty lakh rupees, or with both.

103. Punishment for contravention of provisions of duties relating to safety provisions resulting
in an accident.—(1) If a person fails to comply with or contravenes any duties under this Code or the
regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has
resulted in an accident or dangerous occurrences causing—

       (a) death, he shall be punishable with imprisonment for a term which may extend to two years, or
   with a fine which shall not be less than five lakh rupees, or with both; or

       (b) serious bodily injury to any person within the establishment, he shall be punishable with
   imprisonment for a term which may extend to one year, or with a fine which shall not be less than two
   lakh rupees but not exceeding four lakh rupees, or with both:

   Provided that while imposing the fine under this section, the court may direct that a portion of the fine,
which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the
legal heirs of the victim, in the case of his death.

   (2) Where a person having been convicted under sub-section (1) is again convicted there under, shall
be punishable with double the punishment provided under that sub-section for first conviction.

104. Special provision for contravention of order under section 38.—Whoever continues to work
in contravention of any general or special order issued under the provisions of section 38, shall be
punishable with imprisonment for a term which may extend to two years and shall also be liable to fine
which may extend to five lakh rupees:

   Provided that the court shall not impose a fine under this section which shall be less than two lakh
rupees without recording in the judgment the reasons for imposing such fine.

105. Failure to appoint manager in mine.—Whoever in compliance of the provisions of section 67,
fails to appoint a manager shall 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.

106. Offences by employees.—(1) Subject to the provisions of section 13, except clause (d) thereof, if
any employee employed in a workplace contravenes any provision of this Code or any rules or orders
made there under, imposing any duty or liability on employee, he shall be punishable with penalty which
may extend to ten thousand rupees.

   (2) Where an employee is convicted of an offence punishable under sub-section (1), the employer of
the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it
is proved that he failed to take all reasonable measures for its prevention.

107. Prosecution of owner, agent or manager of mine.—No prosecution shall be instituted against
any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief
Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this
behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:

   Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum-
Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent
or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:

   Provided further that in respect of an offence committed in the course of the technical direction and
management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent
or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.

108. Exemption of owner, agent or manager of mine or occupier of factory from liability in
certain cases.—Where the owner, agent or manager of the mine or employer or occupier of the factory is
charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by
him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to
do, to have any other person whom he charges as the actual offender brought before the Court at the time
appointed for hearing the charge; and if, after the commission of the offence has been proved, the owner,
agent or manager of the mine or occupier or manager of the factory, as the case may be, proves to the
satisfaction of the Court—

       (a) that he has exercised due diligence to enforce the execution of this Code, or

       (b) that the said other person committed the offence in question without his knowledge, consent or
   connivance,

that other person shall be convicted of the offence and shall be liable to the like punishment as if he was
the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and
the owner, agent or manager of a mine or the occupier or the manager of the factory shall be, discharged
from any liability under this Code in respect of such offence:

   Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier
or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any
witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he
charges as the actual offender and by the prosecutor:

   Provided further that, if the person charged as the actual offender by the owner, agent or manager of
the mine or occupier or manager of the factory, as the case may be, cannot be brought before the court at
the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a
period not exceeding three months and if by the end of the said period the person charged as the actual
offender cannot still be brought before the court, the court shall proceed to hear the charge against the
owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and shall,
if the offence be proved, convict him.

109. Offences by companies, etc.—(1) Where an offence under this Code 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 had exercised
all due diligence to prevent the commission of such offence.

   (2) Notwithstanding anything contained in sub-section (1) where any offence under this Code 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, company secretary or
other officer of the company, such director, manager, company secretary or other officer shall 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,—

       (a) “company” means any body corporate and includes a firm or other association of individuals;
   and

       (b) “director” means,—

            (i) in relation to a firm a partner thereof; or

             (ii) the owner of a mine being a firm or other association of individuals or a company; or

             (iii) in case of association of individuals other than specified in sub-clause  (ii), any of its
     members.

110. Limitation  of prosecution and cognizance  of offences.—(1)  Notwithstanding  anything
contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against
an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions
of this Act within a period of thirty days from the date of notice giving opportunity, and, if the employer
complies with such provisions within such period, then, no such proceeding shall be initiated against such
employer:

   Provided that no such opportunity shall be accorded to an employer in case of an accident and if the
violation of the same nature of the provisions under this Code is repeated within a period of three years
from the date on which such first violation was committed and in such case the prosecution shall be
initiated in accordance with provisions of sub-section (2).

   (2) No court shall take cognizance of any offence punishable under this Code, unless a complaint in
respect thereof is made within six months of the date on which the alleged commission of the offence
came to the knowledge of the Inspector-cum-Facilitator and a complaint is filed in that regard by him.

   (3) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class
shall try any offence punishable under this Code.

   Explanation.—For the purposes of this section,—


       (a) in the case of a continuing offence, the period of limitation shall be computed with reference to
   every point of time during which the offence continues;

       (b) where for the performance of any act, time is granted or extended on an application made by the
   employer of an establishment, the period of limitation shall be computed from the date on which the
   time so granted or extended expired.

111. Power of officers of appropriate Government to impose penalty in certain cases.—(1)
Notwithstanding anything contained  in  section  110,  for  the purpose  of imposing  penalty under
sub-section (3) of section 12 or sections 94, 96, 97, 99, 106 and sub-section (3) of section 114, the
appropriate Government may appoint any  officer not below the rank of Under Secretary to the
Government of India or an officer of equivalent rank in the State Government, as the case may be, for
holding enquiry in such manner, as may be prescribed by the Central Government.

   (2) While holding the enquiry, the officer referred to in sub-section (1) shall have the power to
summon and enforce attendance of any person acquainted with the facts and circumstances of the case to
give evidence or to produce any document, which in the opinion of such officer, may be useful for or
relevant to the subject-matter of the enquiry and if, on such enquiry, he is satisfied that the person has
committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as
he thinks fit in accordance with the provisions of that sub-section.

   (3) Any person aggrieved by an order made by the officer under sub-section (2) may prefer an appeal,
in such form and manner and accompanied by such fee as may be prescribed, to the appellate authority to
be appointed by the appropriate Government from amongst officers not below the rank of Deputy
Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case
may be, within sixty days from the date on which the copy of the order made by the officer referred in
sub-section (1) is received by the aggrieved person.

   (4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard,
pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against, within
a period of sixty days from the date of receipt of appeal.

   (5) Where a person fails to pay the penalty so imposed within a period of ninety days from the date of
receipt of the copy of the order, he shall be punishable with fine which shall not be less than twenty-five
thousand rupees but which may extend up to two lakh rupees.

   (6) The amount of penalty imposed and received under this section shall be credited to the fund
established under sub-section (1) of section 115.

112. Jurisdiction of court for entertaining proceedings, etc., for offence.—For the purposes of
conferring jurisdiction on any court in relation to an offence under this Code or the rules, regulation or
bye-laws made there under in connection with an establishment, the place where the establishment is for
the time being situated, shall be deemed to be the place where such offence has been committed.

113. Power of court to make orders.—(1) Where the employer of a mine or a factory or a dock is
convicted of an offence punishable under this Code, the court may, in addition to awarding him any
punishment, by order in writing, require him within the period specified in the order (which may be
extended by the court from time to time on application made in this behalf) to take such measures as may
be specified in the order for remedying the matters in respect of which the offence was committed.

   (2) Where an order is made under sub-section (1), the employer of the mine or the factory shall not be
liable under this Code in respect of the continuance of the offence during the period or extended period, if
any, but if on the expiry of such period or extended period the order of the court has not been fully
complied with, employer shall be deemed to have committed a further offence and shall be punishable
with imprisonment for a term which may extend to six months, or with fine which may extend to one
hundred rupees for every day after such expiry on which the order has not been complied with, or with
both.

114. Composition of certain offences.—(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section
94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any
offence under sub-section (2) of section 97 or sub-section (1) of section 100 or section 101 or clause (b)

of sub-section (1) of section 103 or section 105 or sub-section (2) of section 113 may either before or
after the holding the enquiry or, as the case may be, of institution of prosecution may be compounded by
such officer of the appropriate Government as may be notified by that Government in the manner as may
be prescribed by it—

       (a) in a case of penalty for a sum of fifty per cent. of the maximum penalty provided for such
   penalty; and

       (b) in a case of offence for a sum of seventy-five per cent. of the maximum fine provided for such
   offence.

   (2) Where a penalty or an offence has been compounded under sub-section (1), the person liable for
penalty or the offender, as the case may be, shall be discharged of the penalty or offence and there shall
be no further proceedings against him in respect of such penalty or offence.

   (3) Any person who fails to comply with an order made by the officer referred to in sub-section (1),
shall be liable to pay a penalty equivalent to twenty per cent. of the maximum penalty or fine provided for
the penalty or the offence, as the case may be, in addition to the penalty or fine.

   (4) The amount of composition received under sub-section (1) shall be credited to the fund established
under sub-section (1) of section 115 for the unorganised workers.

   (5) Nothing contained in sub-section (1) shall apply to a penalty or an offence committed by a person
for a second or subsequent time within a period of three years from the date of penalty or offence, as the
case may be,—

       (a) which was earlier compounded; or

       (b) for which such person was earlier convicted.

                              CHAPTER XIII

                                   SOCIAL SECURITY FUND