(2) Any employer who contravenes any of the provisions of the Sections 3, 4, 5, 7, 9 to 12, 13, 15 to 32; 34 to 47; 49, 68 and 69 shall be punishable for a first offence with fine which may extend to rupees one hundred, for a second offence with fine which shall not be less than rupees two hundred and fifty but which may extend to rupees five hundred and for the third or subsequent offences with imprisonment for a term which may extend to three months and with a fine which shall not be less than rupees five hundred but which may extend to rupees one thousand:
Provided that where any employer fails to possess a valid certificate of registration in contravention of the provisions of Sections 3, 4 and 5, he shall, on conviction be punishable, in the case of a continuing offence with a further fine which may extend to rupees two hundred and fifty for each day during which the offence continues.
(3) Whoever contravenes the provisions of Section 8 shall be punishable for a first offence with fine which may extend to one hundred rupees, and for second or subsequent offence with fine which may extend to two hundred and fifty rupees.
(4) Whoever contravenes the provisions of sub section (2) of Section 48 shall on conviction be punishable with fine which may extend to rupees fifty for each day during which the offence continues.
(5) Whoever contravenes the provisions of sub section (3) of Section 48 shall on conviction be punishable with a fine which may extend to rupees fifty for each day during which the offence continues.
(2) Before sanctioning the making of a complaint against the employer for such an offence, the authority empowered under Section 50 or the Appellate Authority, as the case may be, shall give such employer an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such employer satisfies the authority or Court that his default was due to :
(a) a bonafide error or bonafide dispute as to the amount payable to the employee; or
(b) the existence of exceptional circumstances, such that the employer was unable, though exercising diligence, to make prompt payment; or
(c) the failure of the employee to accept payment.
(3) No Court shall take cognizance of a complaint against any person for an offence under Section 61 other than the offence referred to in sub section (1) or for a contravention of any rule made under Section 71 except on a complaint made by or with the previous sanction in writing of an Inspector under this Act within six months from the date on which the offence or contravention is alleged to have been committed.
(4) In imposing any fine for an offence referred to in sub section (1), the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 51.
(a) forms the subject of an application under Section 51 which has been presented by the plaintiff and which is pending before the authority appointed under Section 50 or of an appeal under Section 53; or
(b) has formed the subject of a direction under Section 51 in favour of the plaintiff;or
(c) has been adjudged, in any proceeding under Section 51 not to be owed to the plaintiff;or
(d) could have been recovered by an application under Section 51.