Section 13. Penalties and procedure.

(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.

(2) An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.

(3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.

(4) No Court inferior to that of^1[a Metropolitan Magistrate or Judicial Magistrate of the second class] shall try any offence under this section.

STATE AMENDMENT

Karnataka

Amendment of section 13.-In section 13 of the principal Act,-

(i) in sub-section (1), after the words and figure “Standing Orders as required by section 3”, the words and figures “or who fails to adopt Standing Orders as required by sub-section (4) of section 3” shall be inserted;

(ii) in sub-section (2), after the words “finally certified”, the words “or adopted” shall be inserted.

[Vide Karnataka Act 12 of 2014, s. 11]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 2

1. This Act has been extended to—(i) Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch.(ii) Pondicherry by Regulation 7 of 1963, s. 3 and the Sch. I (w.e.f. 1-10-1963), and(iii) the whole of the Union territory of Lakshadweep, vide Reg. 8 of 1965, s. 3 and the Sch.The Act has been amended in its application to—(i) Maharashtra by Maharashtra Act 54 of 1974.(ii) Mysore by Mysore Act 37 of 1975.(iii) Madras by Madras Act 24 of 1960, and(iv) Andhra Pradesh by A. P. Act 9 of 1969.
2. Subs. by the A.O. 1950, for “all the Provinces of India”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 (w.e.f. 1-9-1971).
4. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
5. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-1963).
6. Ins. by s. 2, ibid. (w.e.f. 23-12-1963).

Page 3

1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A.O. 1950, for “Federal railway”.
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4.Subs. by Act 16 of 1961, s.3, for cl. (c).
5.Subs. by s. 3, ibid.,“for clause (e) of sub-clause (1) of section 9 of Factories Act, 1934 (25 of 1934)”.
6. Subs. by s. 3, ibid., for sub-clause (ii)

Page 4

1. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982).

Page 5

1. Subs. by Act 36 of 1956, s. 32 for “shall not be the function” (w.e.f.17-9-1956).
2. Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).
3. Subs. by Act 16 of 1961, s. 4, for “twenty-one days”.

Page 6

1. Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).

Page 7

1. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).
2. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).
3. Ins. by s. 4, ibid. (w.e.f. 23-12-1963).
4. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).

Page 8

1. S. 11 renumbered as sub-section (1) thereof by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
2. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”(w.e.f. 17-5-1982).
3. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
4. Ins. by s. 6, ibid. (w.e.f. 23-12-1963).

Page 9

1. Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).
2. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
3. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).
4. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).

Page 10

1. Ins. by Act 16 of 1961, s. 6.
2. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).