Offences and Penalties Under Industrial Relations

Code 2020
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Power of officers of appropriate government to impose penalty in certain

cases (Sec 85)

Table of Contents

Power of officers of appropriate government to impose penalty in certain cases (Sec

85)
Extensive reading

No court shall take cognizance of any offence punishable under this Code, save on
a complaint made by or under the authority of the appropriate Government.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), no court inferior to that of the Metropolitan Magistrate or Judicial Magistrate
of the first class shall try the offences under this Code.

Sec 86 Penalties

(1) An employer who contravenes the provisions of section 78 or section 79 or section 80

shall be punishable with fine which shall not be less than one lakh rupees, but which may
extend to ten lakh rupees.

(2) An employer who after conviction for an offence under section 78 or section 79 or
section 80 again commits the same offence under section 78 or section 79 or section 80,
then, he shall for the second or subsequent offence be punishable with fine which shall
not be less than five lakh rupees, but which may extend up to twenty lakh rupees or with
imprisonment for a term which may extend to six months, or with both.

(3) An employer who contravenes the provisions of section 67 or section 70 or section 73

or section 75 shall be punishable with fine which shall not be less than fifty thousand
rupees, but which may extend to two lakh rupees.

(4) An employer who after conviction for an offence under section 67 or section 70 or
section 73 or section 75 again commits the same offence under section 67 or section 70
or section 73 or section 75, then, he shall for the second or subsequent offence be
punishable with fine which shall not be less than one lakh rupees, but which may extend
to five lakh rupees or with imprisonment for a term which may extend to six months, or
with both.

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(5) Any person who commits any unfair labour practice as specified in the Second
Schedule shall be punishable with fine which shall not be less than ten thousand rupees,
but which may extend to two lakh rupees.

(6) Any person who after conviction for any unfair labour practice again commits the
same offence, then, he shall, for committing the second or subsequent offence, be
punishable with fine which shall not be less than fifty thousand rupees, but which may
extend to five lakh rupees or with imprisonment for a term which may extend to three
months, or with both.

(7) If default is made on the part of any registered Trade Union in giving any notice or
sending any statement or other document as required by or under any of the provisions of
this Code, every office-bearer or other person bound by the rules of the Trade Union to
give or send the same, or, if there is no such office-bearer or person, every member of
the executive of the Trade Union, shall be punishable with fine which shall not be less
than one thousand rupees, but which may extend to ten thousand rupees and any
continuing default shall be punishable with an additional penalty of fifty rupees per day so
long as the default continues.

(8) Any person who wilfully makes, or causes to be made, any false entry in, or any
omission from, the general statement required by section 26 or in or from any copy of
rules or of alterations of rules sent to the Registrar under that section, shall be punishable
with fine which shall not be less than two thousand rupees, but which may extend to
twenty thousand rupees.

(9) Any person who, with intent to deceive, gives to any member of a registered Trade
Union or to any person intending or applying to become a member of such Trade Union
any document purporting to be a copy of the rules of the Trade Union or of any alterations
to the same which he knows, or has reason to believe, is not a correct copy of such rules
or alterations as are for the time being in force, or any person who, with the intent, gives a
copy of any rules of an unregistered Trade Union to any person on the pretence that such
rules are the rules of a registered Trade Union, shall be punishable with fine which shall
not be less than five thousand rupees, but which may extend to twenty thousand rupees.

(10) An employer who fails to submit draft standing orders as required by section 30, or
who modifies his standing orders otherwise than in accordance with section 35, shall be
punishable with fine which shall not be less than fifty thousand rupees, but which may
extend to two lakh rupees and in the case of a continuing offence with an additional fine
of two thousand rupees per day till the offence continues.

(11) An employer who does any act in contravention of the standing orders finally certified
under this Code shall be punishable with fine which shall not be less than one lakh
rupees, but which may extend to two lakh rupees.

(12) Any person who after conviction under sub-section (11) again commits the same
offence, then, he shall, for committing the second or subsequent offence be punishable
with fine which shall not be less than two lakh rupees, but which may extend to four lakh

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rupees or with imprisonment for a term which may extend to three months, or with both.

(13) Any worker who commences, continues or otherwise acts in furtherance of a strike
which is illegal under this Code, shall be punishable with fine which shall not be less
than one thousand rupees, but which may extend up to ten thousand rupees or with
imprisonment for a term which may extend to one month, or with both.

(14) Any employer who commences, continues, or otherwise acts in furtherance of a lock-
out which is illegal under this Code, shall be punishable with fine which shall not be less
than fifty thousand rupees, but which may extend to one lakh rupees or with
imprisonment for a term which may extend to one month, or with both.

(15) Any person who instigates or incites others to take part in, or otherwise acts in
furtherance of, a strike or lock-out which is illegal under this Code, shall be punishable
with fine which shall not be less than ten thousand rupees, but which may extend to fifty
thousand rupees or with imprisonment for a term which may extend to one month, or with
both.
(16) Any person who knowingly spends or applies any money in direct furtherance or
support of any illegal strike or lock-out shall be punishable with fine which shall not be
less than ten thousand rupees, but which may extend to fifty thousand rupees or with
imprisonment for a term which may extend to one month, or with both.

(17) Any person who commits a breach of any term of any settlement or award, which is
binding on him under this Code, shall be punishable with fine which shall not be less than
twenty thousand rupees, but which may extend to two lakh rupees or with imprisonment
for a term which may extend to three months, or with both.

(18) Where the breach under sub-section (17) is a continuing one, the offender shall be
punishable with an additional fine which may extend to one thousand rupees for every
day during which the breach continues after the first conviction and the court trying the
offence, if it fines the offender, may direct that the whole or any part of the fine realised
from him shall be paid, by way of compensation, to any person who, in its opinion, has
been affected by such breach.

(19) Any person who wilfully discloses any such information as is referred to in section 61
in contravention of the provisions of that section shall, on a complaint made by or on
behalf of the Trade Union or individual business affected, be punishable with fine which
may extend to twenty thousand rupees, or with imprisonment for a term which may
extend to one month, or with both.

(20) Any person who contravenes any other provision of this Code not covered under
sub-sections (1) to (19) or the rules or regulations framed under this Code shall be
punishable with fine which may extend to one lakh rupees.

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