Tamil Nadu Shops and Establishments (Amendment) Act, 1999*
| [Tamil Nadu Act No. 18 of 1999] | [16th June, 1999] |
An Act further to amend the Tamil Nadu Shops and Establishments Act, 1947
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fiftieth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 16th June, 1999 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Shops and Establishments (Amendment) Act, 1999.
(2) It shall come into force on such date as the State Government may by notification, appoint.
2. Insertion of new section 46-A.- After section 46 of the Tamil Nadu Shops and Establishments Act, 1947, (Tamil Nadu Act XXXVI of 1947) the following section shall be inserted, namely:-
"46-A. Compounding of offences.- (1) Any offence punishable under section 45 or any rule made under section 49 may, either before or after the institution of the prosecution, be compounded by the Commissioner of Labour or such other officer as may be authorised in this behalf by the Commissioner of Labour, on payment, for credit to the State Government, of such sum as the Commissioner of Labour or such other officer may specify:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.
(2) Nothing contained in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, was compounded.
Explanation.- For the purpose of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.
(3) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender, in respect of the offence so compounded anti the offender, if in custody, shall be discharged forthwith.
(4) No offence punishable under this Act shall be compounded except provided by this section."