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Chapter – 5

Chapter – 5
Provision Relating to Punishment and Appeals
19. Punishment :

(1) Whoever commits any act in contravention of Sub-section (1) of section 3 shall be liable to a punishment of imprisonment of three months in
maximum or a fine of Rs. 10,000/- in maximum or the both.
(2) Whoever commits any act in contravention of Sub-section (2) of section 3 and section 4 shall be liable to a punishment of an imprisonment of one
year in maximum or a fine of fifty thousand rupees in maximum or the both.
(3) In case any entrepreneur commits any act in contravention to sections 6, 7, 9, 10 or 11, he/she shall be liable to the punishment of an
imprisonment up to two months or a fine of five thousand rupees in maximum or the both.
(4) In case any entrepreneur commits any act in contravention of sections 5, 13 or 14, he/she shall be liable to a punishment of one month in
maximum or a fine of three thousand rupees in maximum or the both.
(5) Whoever commits any act in contravention of this Act, except as referred to in Sub-sections (1), (2), (3) and (4) this section or the Rules framed
under this Act, he/she shall be liable to a punishment of imprisonment of 15 days in maximum or a fine of one thousand rupees in maximum or the both.
(6) Whoever commits the same act again after having been punished pursuant to Sub-sections (1), (2), (3), (4) or (5), he/she shall be liable to double of
the punishment referred to in the same Sub-sections.

20. Complaints and limitation :

(1) With regard to an offence punishable under this Act, the following person or organization may file complaint at the concerned
labor office: –
(a) Employees inspecting an enterprise pursuant to section 15,
(b) Police of the concerned area,
(c) The concerned child or his/her father, mother or guardian,
(d) The concerned Village Development Committee /Municipality,
(e) Trade union of enterprise level, or
(f) Any agency or non-governmental organization established pursuant to prevailing law and engaged in protection of rights
and interests of the child.
(2) With regard to an offence punishable under this Act, complaint shall be filed within one year from the date of commission of the act.

21. Power to Impose Punishment :

(1) The labor office shall have powers to impose punishment pursuant to section 19 on persons violating this Act and Rules
framed there under.
(2) While imposing punishment pursuant to Sub-section (1), if the labor office has to impose punishment of imprisonment, it shall refer the matter to the
labor court and do according to the decision of the court.

22. Appeal : The person not satisfied with the punishment imposed by the labor office pursuant to section 21 may file appeal at the labor court within thirty five
days from the date of order of the punishment. Provided that in case of punishment of imprisonment, appeal shall be filed at the Appellate court.

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