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Chapter
XIX
288. Penalty of violation of section 67:.
If a person sells or lets of collects as an agent
of the seller to sell or let any power driven machinery
for which the provisions of section 67 have not been
complied with shall be punishable with imprisonment
upto three months, or with a fine up to Taka One thousand
or with both.
290: Penalty for failure
to give notice of accident: If a person fails
to given notice of any accident in violation of the
provisions of this code, he will be punishable with
a fine of up to taka one thousand in case of accident
causing serious physicial injury and with imprisonment
of upto six month or faire o upto take three thousand
or both in case of accident causing death.
306. Penalty for Obstruction.
| (1) |
Whoever
wilfully obstructs any officer in the exercise
of any power conferred on him by or under this
Code, of any rules, scheme or orders made thereunder,
or willfully refuses of neglects to provide reasonable
opportunity to enter, investigate or visit any
establishment, shall be punishable with imprisonment
for a term which may extend to six years of with
a fine which may extent to Taka Two Thousand or
with both.
Was three months and taka 500, sec 96 |
| (2)
|
If
any person fails, as per the demand of the officer
exercising authority under sub-sectin (1) to produce
any register or other document in his custody
kept in pursuance of this Act or of any rules
or scheme made thereeabunder, or conceals or prevents
any worker in an establishment from appearing
before, or being examined by an Inspector, shall
be punishable with imprisonment for a term which
may extend to three months, or with fine which
may extend to Taka one thousand or with both.
(was 500) |
307:
Penalty for other offences: Whoever contravenes
or fails to comply with any of the provisionf ot his
code or any rules or scheme made htherunder, shall,
if not other penality is provided for such contravention
or failure be punishable with imprisonment which may
extend to three months imprisonment or with a fine
which may extend to one thousand taka or with both.
308. Enhanced penalty after previous convictions.
- If any person, who has been convicted of any offence
punishable under this code or rules is again convicted
of an offence involving a contravention of the same
provision, he shall be punished, on a subsequent conviction,
with imprisonment for a term which may extend to six
months, or with a fine which may extend to Taka one
thousand or with both:
Provided that for the purposes of this section no
cognizance shall be taken of any conviction made more
than two years before the commission of the subsequent
offence.
309. Penalty for violation of law of dangerous
consequeence:
| (1) |
Notwithstanding
anything otherwise contained in this chapter,
if a person violates any provision of this Code,
rules, regulation or scheme, made therefunder
| (a) |
which
results in death of a person he shall be
punishable with imprisonment which may extend
to four years imprisonment or with a fine
which may extend to100,000 taka or with
both |
| (b) |
which
results in grievous boidly harm, he shall
be punishable with imprisonment which may
extend to two years imprisonnment or with
a fine which may extend to 10,000 take or
with both |
| (c)
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which
results in any other harm to any worker
or any person in any establishment or causes
any other danger he shall be punishable
with imrisonment which may etend to six
months imrisonment or with a fine which
may extend to two thousand taka or with
both |
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| (2)
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A
court while imposing penalty of fine under this
section may order to give the amount of fine to
the injured person or to to legal representative
of the person who is dead. |
310. Power of the Court to make some orders.
|
(1) |
Where
the employer of an establishment is convicted
of an offence punishable under this Act, the Court
may, in addition to awarding any punishment, by
order in writing require him, within a period
specified in the order, which may, on application
in that behalf be extended from time to time to
take such measures as may be so specified for
remedying the matters in respect of which the
offence was committed. |
| (2)
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Where
an order is made under sub-section (1), the occupier
or manager of the factory, as the case may be,
shall not, during the period specified therein
or extended period, if any, be liable under this
Act for continuation of the offence for which
he has been convicted. |
| (3)
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If
the order of the Court under sub-section (1) is
not fully complied with during the aforesaid period,
the occupier or manager, as the case may be, shall,
on the expiry of such period, be deemed to have
committed further offence punishable with imprisonment
for a term which may extend to six months, or
with a fine which may extend to Taka one hundred
for every day after the expiry of the said period
during which the order has not been complied with,
or with both. |
312.
Offences by a firm, company, etc. -
(1) Where a person guilty of an offence punishable
under this Code or rules, regulations or scheme made
thereunder is a company firm or other statutory body,
every director, partner, shareholder or manager or
secretary of any other officer or representative directly
involved in the administraition of cush company or
body shall be deemed to be guilty of such offence
unless he proves that the offence has been commited
without his knowledge or consent or he has tried his
best to prevent such commission.Old section 102, in
part
313. Cognisance of offences.
| (1) |
No
court other than the labour court shall take congisance
of an offence under this Code or reuls, regulations
or cheme made thereunder. |
| (2)
|
The
Labour Court shall not take congisance of an offence
under this Code or rules, regulations, or schem
made thereunder except upon compliant made by
the following persons:
(a) aggrieved person or trade union; ….
(e) Chief Inspecto or any officer authorized by
him in case of any oteh offence |
314. Limitation of Complaint: Save
as otherwise provided in this code or rules, regulations
or scheme made thereunder, no labour court shall take
cognizance of any offence under this code unless the
same is filled within six months of its commission.
315. Report of Offences: Any person
may report to the Director of Labour or Chief Inspector
… or any other officer subordinate to them about
the commission or any offence under this Code or rules,
regulations or scheme made thereunder.
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