POSH Act Section 26 — Penalty for non-compliance with provisions of Act
CHAPTER VIII MISCELLANEOUS
Service / Employment
Punishment
Fine up to ₹50,000
As the section puts it: “shall be punishable with fine which may extend to fifty thousand rupees”
Summary
Sub-section (1) sets out the situations in which an employer can be penalised. The employer is punishable with a fine of up to fifty thousand rupees if he fails to do any of the following: (a) constitute an Internal Committee as required under sub-section (1) of section 4; (b) take action under sections 13, 14 and 22; or (c) contravenes, attempts to contravene, or abets the contravention of any other provision of this Act or any rules made under it.
Sub-section (2) deals with repeat offences. If an employer has already been convicted of an offence under this Act and then commits and is convicted of the same offence again, he becomes liable to two things. First, under clause (i), he faces twice the punishment that could have been imposed on a first conviction, but this is subject to the punishment being the maximum provided for that same offence. There is a proviso to this clause stating that if a higher punishment is prescribed under any other law in force for the offence being prosecuted, the court must take due note of that higher punishment while awarding the sentence. Second, under clause (ii), he also faces cancellation of his licence, or withdrawal, non-renewal, or cancellation of his approval or registration, as the case may be, by the Government or local authority, which is required for carrying on his business or activity.
Official Text
(1) Where the employer fails to—
(a) constitute an Internal Committee under sub-section (1) of section 4;
(b) take action under sections 13, 14 and 22; and
(c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees.
(2) If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to—
(i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence:
Provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment;
(ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.
