Domestic workers (Registration social
security and welfare ) Act 2008 |
Statement of objects and reasons |
| 23. Offences and penalties |
- Any service provider who contravenes the provisions of the Act or any rules
made there under shall be punishable with imprisonment for a term which
may extend to three months and with fine which may extend to two thousand
rupees, or with both, and in the case of a continuing contravention, with an
additional fine which may extend to one hundred rupees for every day during
which such contravention continues after conviction for the first such
contravention.
- If any person who has been convicted of any offence punishable under sub
section (1) is again guilty of an offence involving a contravention or failure of
compliance of the same provision, he shall be punishable on a subsequent
conviction with imprisonment for a term which may extend to six months and
with fine which shall not be less than two thousand rupees but which may
extend to five thousand rupees or with both:
- Where an employer fails to comply with the provisions of the Act he/she shall
be punishable with fine which may extend to two thousand rupees.
- any person who willfully obstructs any officer so authorized by the district
boards to conduct inspection under the act or refuses or willfully neglects to
afford the such officer any reasonable facility for making any inspection,
examination, inquiry or investigation authorized by or under this Act in relation
to the employer or a service provider to whom, this Act applies, shall be
punishable with imprisonment for a term which may extend to three
months and with fine which may extend to two thousand rupees, or with
both.
- Whoever willfully refuses to produce on the demand of such an inspecting a
person so authorized by the district boards, any register or other document
kept in pursuance of this Act or prevents or attempts to prevent or does
anything which he has reason to believe is likely to prevent any person from
appearing before or being examined by an inspecting person acting in
pursuance of his duties under this Act, shall be punishable with with
imprisonment for a term which may extend to three months or with a fine
which may extend to two thousand rupees, or with both.
- Any person who -
(i) Knowingly sends, directs or takes any girl or woman to any place for immoral
purposes or to a place where she is likely to be morally corrupted or ,
(ii) In any manner sexually exploits such woman or child or
(d) Make available young children as domestic workers
shall be subjected to imprisonment for not less than six months and which may
extend up to period of seven years and fine up to 50000 rupees or both.
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| 24. No court shall take cognizance of any offence punishable under this Act except on a complaint-- |
- Made by, or with the previous sanction in writing of, the State Board or the
district Board or
- Made by an office-bearer of a voluntary organization registered under the
Societies Registration Act, 1860 (21 of 1860); or
- No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of
the first class shall try any offence punishable under this Act.
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| 25 Limitation of prosecutions |
- No court shall take cognizance of an offence punishable under this Act unless
the complaint thereof is made within three months from the date on which the
alleged commission of the offence came to the knowledge of the district or
state Board.
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CHAPTER SEVEN
MISC PROVISIONS |
| 26. Effect of laws and agreements inconsistent with the Act |
- The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law or in the terms of any
agreement or contract of service, whether made before or after the
commencement of this Act:
- Nothing contained in this Act shall be construed as precluding any worker
from entering into an agreement with the principal employer as the case may
be, for granting them rights or privileges in respect of any matter which are
more favorable to them than those to which they would be entitled under this
Act.
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| 27. Protection of action taken under Act |
- No suit, prosecution or other legal proceedings shall lie against any Member
of the Board or any Non governmental organization for anything which is in
good faith done or intended to be done in pursuance of this Act or any rule or
order made thereunder.
- No suit or other legal proceedings shall lie against the Government for any
damage caused or likely to be caused by anything which is in good faith done
or intended to be done in pursuance of this Act or any rule or notification or
order made or issued thereunder.
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| 28. Power to remove difficulties |
- If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the official Gazette, make such
provisions not inconsistent with the provisions of this Act, as appears to it to
be necessary or expedient for removing the difficulty:
- Provided that no such order shall be made after the expiry of two years from
the date of commencement of this Act.
- Every order made under this section shall, as soon as may be after it is made,
be laid before each House of Parliament.
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