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Chapter-6 Offence and Punishment

  1. Complaint: (1) Any person who knows that an offence has been committed or is about to be committed under this Act may make a complaint to the Labor and Employment Office concerned within thirty-five days.

(2) Other provisions relating to the complaint shall be as prescribed.

  1. Act deemed to be offence: If any person does any of the following acts, he or she shall be deemed to have committed the offence under this Act:

 (a)        Any act done contrary to sub-section (3) of Section 4,

(b)        Discrimination made by the employer contrary to Section 6, except in accordance with the prevailing law,

(c)        Removal by the employer from employment contrary to Section 7,

(d)       Submission of false description to obtain the unemployment support or livelihood allowance referred to in this Act,

(e)        Utilization of the unemployment support for any purpose other than the purpose for which the unemployment support has been received.

  1. Punishment: (1) If any person commits the following offence, the Labor and Employment Office shall punish such a person or institution with the following punishment, according to the degree of offence:

(a)        A fine of twenty-five thousand rupees in the case of the commission of the offence referred to in clause (a) of Section 25,

(b)        A fine of ten thousand rupees in the case of the commission of the offence referred to in clauses (b) and (c) of Section 25,

(c)        A fine in a sum that is equal to the unemployment support or livelihood allowance, if any received, upon recovering that amount, in the case of the commission of the offence referred to in clause (d) of Section 25,

(d)       A fine in a sum that is equal to the amount received as the unemployment support, upon recovering that amount, in the case of the commission of the offence referred to in clause (e) of Section 25.

(2) The Labor and Employment Office concerned shall write to the concerned Local Level to prevent the service, facility to be provided by it from being provided to the person or institution that fails to pay the fine imposed pursuant to sub-section (1) within the prescribed period.

(3) The fine referred to in sub-section (1) shall be recovered as a government arrear from the person or institution concerned.

(4) Notwithstanding anything contained elsewhere in this Section, if an act under this Act is also deemed to be an offence under the other prevailing law, no provision of this Section shall prevent from instituting a separate case on such an offence and imposing punishment pursuant to such other law, and if any person is liable under the prevailing law to punishment that is more than that set forth in this Section for any act done contrary to this Act, such a person shall accordingly be liable to that punishment.

  1. Appeal: (1) A party who is not satisfied with a decision made by the Labor and Employment Office pursuant to this Act may make an appeal to the Labor Court within thrifty-five days from the date of the decision made.

                        (2) The decision made by the Labor Court pursuant to sub-section (1) shall be final.