- (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition has been filed by the petitioner being aggrieved by the impugned proclamation of sale issued under Rule 29 and 54 of the Rajasthan Land Revenue Act, 1956 annex. 6 dated July 24, 2004 for recovery of alleged penalty or fine of Rs. 1,20,000/-imposed by the authority concerned under the provisions of Child Labour (Prohibition and regulation) Act, 1986 (hereinafter referred to as "the Act" ).
(3.) THE learned counsel for the petitioner mr. Vinay Jain has submitted that straight way this proclamation of sale was issued for recovery of aforesaid amount of penalty which is supposedly imposed under Section 14 of the said Act without any imposition order under that provision. He submits that there is no other provision for imposition of fine or penalty under the said Act and the only provision relating to penalties contained in part IV chapter chapter dealing with miscellaneous provisions under the said Act is Section 14 which is reproduced hereunder: "14. Penalties.- (l) Whoever employs any child or permits any child to work in contravention of the provisions of Section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. (2) Whoever, having been convicted of an offence under Section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. (3) Whoever- (a) fails to give notice as required by Section 9, or (c)fails to maintain a register as required by section 11 or makes any false entry 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 contravenes any other provisions of this Act or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both. ";