INTERPRETATION OF STATUS
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
Respected Experts my query is about the INTERPRETATION OF STATUS .AS
Section 14 sub-section (3) of The Child Labour (Prohibition and Regulation ) Act, 1986 provided that
Whoever-
(a) fails to give notice as required by section9:or
(b) fails to maintain a gerister as required by section 11 or makes any false enrty in any such register:or
(c) fails to display a notice containing an abstract of section 3 and this section as required by section 12:or
(d) fails to comply with or contravences any other provisions of this Act or the rules made thereunder,
shall be punishable with simple imprisonmemt which may extend to one month or with fine which may extend to ten thousand rupees or with both.
Now my question are-
1- In a surprise inspection in the restaurants, the District Magistrate booked one restaurateur for engaging child labour in their establishment and a spot fine of Rs 30000/- was imposed.Is this legal/reasonable act by the District Magistrate or arbitary act by him.???
2- is this not against the " Leteral Intrepretation" of status.i.e if penal status provided the maximum fine of Rs 10000/- it possible under India legal system that Court deviated from it and fine Rs.30000/-???
3- is the find of Rs 30000/- by District Magistrat justiable under above provision i.e under Section 14 sub-section (3) of The Child Labour (Prohibition and Regulation ) Act, 1986
Ajay Bansal
(Expert) 05 February 2011
The D.M. has superceeded the Act.
H.M.Patnaik
(Expert) 05 February 2011
You have caught it right.No judicial authority can transgress the applicable law in India and violate the maximum ceiling of fine prescribed therin while passing the order.
Querist :
Anonymous
(Querist) 05 February 2011
THANK'S you all for reply!!
sir!! anyone pliz attach any leading case by Supreme Court/High Court base on above fact.
Querist :
Anonymous
(Querist) 06 February 2011
Pliz!! somebody attached some judgment or Observation by Supreme Court/High Court which Prohibit such act by Judicial/Executive Magistrate.
Querist :
Anonymous
(Querist) 08 February 2011
Respected Experts,
What wold be the remedies against such act by Magistrate.???
