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Penalties
and Procedures
53.
Penalty for unfair labour practices : (73[(1) Whoever contravenes
the provisions of Sec. 8-A shall be punishable with imprisonment which
may extend to three years, or with fine which may extend to two thousand
rupees, or with both].
74[(1-A)]
whoever contravenes the provisions of Section 15 shall be punishable
with imprisonment which may extend to 75[four years], or with fine which
may extend to 76[ten] thousand rupees, or with both.
(2)Whoever
contravenes the provisions of Section 16, other than those of clause
(d) of sub-section (1) thereof, shall be punishable with imprisonment
which may extend to 77[three years], or with fine which may extend to
78[five] hundred rupees, or with both.
79[(3)
An officer of a trade union, a workman or person other than a workman
who contravenes or abets the contravention of the provisions of clause
(d) of sub-section (1) of Section 16 shall be punishable with imprisonment
for a term which may extend to 80[three years], or with fine which may
extend to 81[five] thousand rupees, or with both.
(4)
Where the person accused of an offence under sub-section (3) is an officer
of a trade union, the National Industrial Relations Commission may,
in addition to any other punishment which it may award to such person
under that sub-section, direct that he shall cease to hold the office
of such officer and be disqualifed from holding any office in any trade
union during the term immediately following the term in which he so
ceases to hold office.]
82[(5)
Whoever contravenes the provisions of Sec. 47-A shall be punishable
with imprisonment which may extend to three years, or with fine which
may extend to two thousand rupees, or with both.
83[(6)
Nothing in this Ordinance shall be deemed to exclude the jurisdiction
of a 84[Labour Court] or the Court of a Magistrate to try a case under
this section if it is authorised to do so by general or special order
of the Commission.]
54.
Penalty for committing breach of settlement : Whoever commits
any breach of any term of any settlement, award or decision which is
binding on him under this Ordinance shall be punishable:-
(a)
for the first offence, with imprisonment for a term which may extend
to one year, or with fine which may extend to five hundred rupees, or
with both; and
(b)
for each subsequent offence, with imprisonment for a term which may
extend to two years, or with fine which may extend to one thousand rupees
or with both.
55.
Penalty for falling to implement settlement, etc :Whoever wilfully
fails to implement any term of any settlement, award or decision which
it is his duty under this Ordinance to implement shall be punishable
with imprisonment for a term which may extend to one year, or with a
fine which may extend to ruppes five hundred or with both, and, in the
case of continuing failure, with a further fine which may extend to
two hundred rupees for every day after the first during which the failure
continues.
56.
Penalty for false settlements, etc : Whoever wilfully makes
or causes to be made in any application or other document submitted
under this Ordinance or the rules thereunder, any statement which he
knows or has reason to believe to be false, or wilfully neglects or
fails to maintain or furnish any list, document or information he is
required to maintain or furnish, under this Ordinance or the rules thereunder
shall be punishable with imprisonment for a term which may extend to
six months, or with fine which may extend to five hundred rupees, or
with both.
57,
58, and 59. [Omitted by the Industrial Relations (Amdt.) Act,
XVI of 1975, S. 26.]
60.
Penalty for discharging officer of trade union in certain circumstances,
etc :Any employer who contravenes the provisions of Section 47 shall
be punishable with imprisonment for a term which may extend to five
thousand rupees or with both.
61.
Penalty for embezzlement or misappropriation of funds :Any officer
or any employee of a registered trade union, guilty of embezzlement
or misappropriation of trade union funds, shall be punishable with imprisonment
for a term which may extend to one year, and shall also be liable to
a fine, which shall not exceed the amount found by the Court to have
been embezzled or isappropriated. Upon realization, the amount of fine
may be reimbursed by the Court to the trade union concerned.
62.
Penalty for other offences : Whoever contravenes, or fails
to comply with, any of the provisions of this Ordinance shall, if no
other penalty is provided by this Ordinance for such contravention or
failure, be punishable with fine which may extend to two hundred and
fifty rupees.
86[62-A,
Offence to be non-congnizable : Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of 1898) on
police officer shall be competent to arrest without warrant an employer
or a worker for an offence under this Ordinance other than the offence
of illegal strike or illegal lock-out continued in contravention of
an order made under sub-section (3) of Section 46-A].
63.
Offences by corporation : Where the prson guilty of any offence
under this Ordinance is a
company or other body corporate, every director, manager, secretary
or other officer or agent thereof shall, unless he proves that the offence
was committed without his knowledge or consent or that he exercised
all due diligence to prevent the commission of the offence, be deemed
to be guilty of such offence :
87[Provided
that, where a Company has intimated to Government in writing the name
of any of its
directors resident in Pakistan whom it has nominated for the purpose
of this section and the offence is committed while such director continues
to be so nominated, only such director shall be so deemed to be guilty
of such offence.]
64.
Trial of offences : 88[Save as provided in this Ordinance,
no]. Court other than a Labour Court or that of a Magistrate of the
First Class shall try any offence punishable under this Ordinance.
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