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Section 6 of The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988

Any employer who fails to comply with the provisions of this Act shall, on conviction, be punishable--

(a)in the case of the first conviction, with fine which may extend to rupees five thousand; and
(b)in the case of any second or subsequent conviction, with imprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty-five thousand, or with both.

Summary

This section sets the punishment for any employer who fails to follow the rules of this Act.
For a first-time conviction, meaning being found guilty in court, the employer can be fined up to five thousand rupees.
For any second or later conviction, the punishment gets much stricter.
A repeat offender can be sent to prison for a period of one to six months, or fined between ten thousand and twenty-five thousand rupees, or face both prison and a fine.

Practical examples

1Anil forgot to keep Form III for his very small establishment in 2025. After a trial, the court convicted him for the first time. The judge ordered Anil to pay a fine of 3,000 rupees, which is within the 5,000 rupee limit.

2Binita was convicted in 2024 for not maintaining her employee registers under this Act. In 2026, she was caught violating the law again and convicted a second time. The court sentenced her to two months in prison and a fine of 15,000 rupees.

FAQ

1. What is the maximum fine for a first-time conviction under this Act?

The fine for a first conviction can go up to five thousand rupees.

2. What is the minimum prison term for a second conviction?

The prison term for a second or subsequent conviction cannot be less than one month.

3. What is the maximum prison term for a repeat offence?

The prison term can extend up to six months.

4. What is the range of the fine for a second or subsequent conviction?

The fine must be at least ten thousand rupees and can go up to twenty-five thousand rupees.

5. Can a repeat offender face both jail time and a fine?

Yes, the court can sentence a repeat offender to both imprisonment and a fine.

Test yourself

Q1.What is the maximum fine for an employer's first conviction under Section 6?

Q2.What is the minimum prison term for a second conviction under Section 6?

Q3.What is the maximum prison sentence for a repeat offender under Section 6?

Q4.What is the minimum fine for a second or subsequent conviction under Section 6?

Q5.What is the maximum fine possible for a repeat conviction under Section 6?

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