Section 94: Offences

94. Offences (1) Any person who— (a) intentionally delays or obstructs the Permanent Secretary in the exercise of his powers or duties under this Act; (b) prevents or attempts to prevent any other person from appearing before the Permanent Secretary or from answering any question to which the Permanent Secretary may require an answer; (c) knowingly or recklessly makes a false statement— (i) in purported compliance with a requirement to furnish any information imposed by or under this Act; or (ii) for the purpose of obtaining the issue to himself or another person of a document under this Act; (d) intentionally makes a false entry in any register, book, notice or other document required to be kept, served or given under this Act, or, with intent to deceive, makes use of any such entry which he knows to be false; (e) with intent to deceive, forges or uses a document issued or authorised to be issued under this Act or makes or has in his possession a document so closely resembling any such document as to be calculated to deceive; O2 – 63 [Issue 1] Occupational Safety and Health Act (f) falsely pretends to be an officer; (g) obstructs any person in the exercise of his powers or duties under this Act; (h) is required to make an examination of a steam boiler, a steam receiver or a machinery fails to make a thorough examination, or makes a report which is false, deficient or misleading in a material particular; (i) contravenes— (i) an order made by the Court; (ii) a condition of a permit or certificate issued under this Act; (iii) a condition of an authority issued or approval given under this Act; (iv) a requirement or prohibition imposed by a prohibition order; (v) a requirement imposed or a specification, order or direction given by the Permanent Secretary under this Act; and (vi) any other provision of this Act, shall commit an offence. (2) An employer who levies, or permits to be levied, on any employee any charge in respect of anything done or provided under this Act, shall commit an offence. (3) Any person who commits an offence shall be liable— (a) in respect of an offence committed by him as an employee, to a fine not exceeding 5,000 rupees; and (b) in any other case, to a fine not exceeding 75,000 rupees and to imprisonment for a term not exceeding one year. (4) (a) The Court may, on the conviction of any person, where it thinks appropriate, in addition to inflicting a fine, make an order directing that person to comply with this Act within such time as may be fixed in the order. (b) Where after the expiry of the time as originally specified or enlarged by subsequent order, the order is not complied with, that person shall be liable to a fine not exceeding 100 rupees for each day on which the non-compliance continues. (5) Without prejudice to the provisions of any other enactment, no prosecution shall be entered before the Court against an employee for any offence under this Act, except by the Director of Public Prosecutions or a person deputed by him. (6) Nothing in this Act shall authorise criminal proceedings to be instituted against the State.