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    LABOUR LAWS

Liabilities Of Directors And Officers Of Companies

Act
Person Responsible
Penal Provisions
1. Payment of Bonus Act, 1965.
Every Person who was in charge and was responsible to the Company Imprisonment for six months or with fine of Rs.1,000 or with both.
2. Payment of Gratuity Act,1972

The person who has the ultimate control over the affairs of the establishment or where such affairs are entrusted to any other person, whether called a Manager, Managing Director & by any other name such person.

Imprisonment for minimum 6 months and maximum one year or with fine up to Rs. 20,000 or with both.
3. Payment of
Wages Act, 1936
Whoever is responsible for the payment of wages to an employed person. Varied punishments with fine ranging from two hundred rupees to one thousand Rupees, depending on the violation of concerned provisions.

4. The Bombay
Shops and
Establishments
Act, 1948

Person owning or having charge of business of an Establishment, and includes a Manager, agent or other persons acting in the General Management or control of an establishment. For first, second or subsequent offenses, fine of Rs. 100/- which may extend to Rs. 1500/-.
5. The Workmen's
Compensation
Act, 1923
Every employer. (Employer means body of persons)

Fine up to five hundred rupees

6.The Industrial
Employment
Standing Order Act. 1946
The Owner of an Industrial Establishment.

Five thousand rupees and in the case of a continuing offenses with a further fine which may extend to two hundred rupees for every day.

7. The Maternity
Benefit Act, 1961

The person who has the ultimate control of the affairs of the establishment or where the any other person, whether called Manager, Managing Director or
Managing agent, such person.

Imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees.

8. The Minimum
Wages Act, 1948
The Manager of the Factory in Factories or in any other case any person responsible to the owner for the supervision and control of employees.

Imprisonment for six months or with fine which may extend to five hundred rupees or with both.

9. The Motor
Transport Workers
Act, 1961
If the Commissioner is attributable to any neglect on the part of any Director, Manager, or any Officer of the Company, such director, manager or officer shall be liable.

Punishment varies with imprisonment which may be for one month or three months or with fine, depending on the violation of concerned provision.

10. The Industrial
Disputes
Act, 1947
Every Director, Manager Secretary or other Officers or person concerned with the Management thereof, unless he proves that the offenses was committed without his knowledge and consent.

Punishment varies depending on the violation of concerned provisions.
Imprisonment for six months or one year and fine of Rs. 1000 and Rs. 5,000 as the case may be.

11. The Apprentices
Act, 1961

Any person who employs person to do any work and includes any person entrusted with the supervision and
control of employees in such establishment.

Imprisonment for six months or with fine or with both.

12. The Contract
Labour Act, 1970
Director of the Company unless he proves that the offenses was committed without his knowledge.

Imprisonment for three months or with fine of Rs. 500 or with both.

13. The Employees’
Provident Funds and
Miscellaneous
Provisions Act, 1952.
Director of the Company Imprisonment up to five years.
14. The Employees,
State Insurance
Act, 1948

In a Factory, the owner or Occupier, In any other case, the person responsible for the supervision and Control of the Establishment.

Imprisonment for one year or six months according to the violation of concerned provision and with fine.

15. The Factories
Act, 1948
The occupier and manager of the Factory years or with fine (Occupier means the Director of the Company). Imprisonment for two years or with fine which may extend to one lakh rupees or with both and if the contravention is continued with a further fine which may
extend to one thousand for each day.
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