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Section 9 of THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976

If any employer contravenes the provisions of section 4 or section 5 or section 7 or any rules made under this Act, he shall be punishable with fine which may extend to one thousand rupees.

↩1.Ins. by Act 48 of 1986, s. 4 (w.e.f. 6-5-1987).

Summary

Section 9 of the Sales Promotion Employees Conditions of Service Act 1976 establishes the criminal penalty for breaking specific rules outlined in the law.
It directly targets any employer who contravenes the rules around leave provisions, appointment letters, and maintaining registers.
The monetary penalty also applies if an employer breaks any of the general rules made under the entire Act.
An offending employer can be punished entirely with a financial fine.
The absolute maximum fine an employer can face under this specific section is one thousand rupees.

Practical examples

1An employer outright refuses to give an employee their legally earned leave. A judge finds the employer guilty and fines them eight hundred rupees for breaking the law.

2Mr. Patel, a company owner, completely fails to maintain the correct employee logbooks and is subsequently fined the maximum legal amount of one thousand rupees.

FAQ

1. What sections of the law trigger a penalty under Section 9 of the Sales Promotion Employees Conditions of Service Act 1976?

Section 9 of the Act triggers a penalty if an employer contravenes Section 4 regarding leave, Section 5 regarding appointment letters, Section 7 regarding registers, or any rules made under the Act.

2. Can an employer be sent to jail under Section 9 of the Sales Promotion Employees Act?

No. Section 9 of the Act only specifies a punishment of a fine which may extend to one thousand rupees, without any mention of imprisonment.

3. What is the maximum fine under Section 9 of the Sales Promotion Employees Conditions of Service Act 1976?

Section 9 of the Act sets the maximum possible fine at exactly one thousand rupees.

Test yourself

Q1.Under Section 9 of the Sales Promotion Employees Conditions of Service Act 1976, what is the maximum punishment an employer can receive for contravening the specified sections?

Q2.A company fails to keep the required employee records as mandated by Section 7. According to Section 9 of the Sales Promotion Employees Conditions of Service Act 1976, is this punishable?

Q3.Besides Sections 4, 5, and 7, what else triggers a penalty under Section 9 of the Sales Promotion Employees Conditions of Service Act 1976?

Q4.How does Section 9 of the Sales Promotion Employees Conditions of Service Act 1976 classify the offender who will face the penalty?

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