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Dock Workers (Safety, Health and Welfare) Act, 1986


14. Penalties.

1.     Whoever, -

a.     Wilfully obstructs an Inspector in exercise of any power conferred by or under this Act or fails to produce on demand by an Inspector any register or other documents kept in pursuance of the regulations or otherwise in connection with any dock work or conceals or prevents or attempts to prevent any person from appearing before, or being examined by, an Inspector; or

b.    Unless duly authorised or in case of necessity, removes any, fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing required to be provided by, or under, the regulations or

c.     Having in case of necessity removed any such fencing, gangway, gear, ladder, lifesaving means or appliance, light, mark, stage or other thing, omits to restore it at the end of the period for which its removal was necessary, Shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousands rupees, or with both.

2.     Being a person whose duty is to comply with any of the regulations if any, person, contravenes such regulations and such contravention results-

a.     In any fatal accident to a dock worker, or

b.    An accident, which incapacitates a dock worker from earning his full wages for more than a fortnight,

Such person shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees in a case falling under clause (a) and five hundred rupees in a case falling under clause (b) but which may extend, in either case, to five thousand rupees, or with both, and the court may order the whole or part of the fine to be paid to the dependent of the deceased dock worker or, as the case may be, to the injured dock worker.

Explanation. -The provisions of this sub-section shall be in addition to any provisions, which may be made under sub-section (4) of section 21.

3.     Subject to the provisions of section 11, if any dock worker contravenes any provision of this Act or the regulations imposing any duty or liability on dock workers, he shall be Punishable with imprisonment for a term, which may extend to three months, or with title, which may extend to two hundred rupees, or with both.

4.     If any person who has been convicted for an offence punishable under any of the provisions of this Act or the regulations is again convicted for an offence committed within two year or the previous conviction and involving, a contravention of the same provision, lie shall be Punishable for each subsequent conviction with double the imprisonment to which he would have been liable for the first contravention of such provision.



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