Delhi Shops and Establishments Act,1954 — Physical PDF page 25 of 27

in the relevant dispute to attend his Court under section 145 of the Code. These are only a few of
the numerous available examples. The authors of this Code could not have omitted when drafting
section 204 to incorporate the requirement of recording of reasons for an order of issue of
process, if any, were needed; Mubarak Karim v. Bundu, 1973 (9) DLT 318, per Safeer J. of Delhi
High Court.
(d) Plea of guilty—How to be recorded?
      When a person pleads guilty before the court then the principle is that such a plea should be
in terms of the contravention and not that such and such pleads guilty and hence be punished. In
other words, it cannot be contended that it is not incumbent on the Magistrate to record the actual
statement of the accused and that it is a sufficient conformity with the requirements of law if he
records that the accused pleads guilty. The plea of the accused will be what he actually states
and not the conclusion which the Magistrate reaches after hearing his statements.
      The plea of guilty only amounts to an admission that the accused committed the acts alleged
against him, and not an admission of the guilty under particular section of the Act. An accused
person does not plead to a section of a criminal statute. He pleads guilty or not guilty to the facts,
alleged to disclose an offence under that section.
(e) Appeal
      Any person convicted of an offence for a contravention of any provisions of this Act by a
Magistrate of First Class may appeal to the Court of Sessions (section 408 of Cr. P.C.). But no
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appeal shall lie where a trial is commenced before a Magistrate of First Class and the person
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convicted of an offence under this Act is sentenced by such Magistrate to fine not exceeding fifty
rupees only (section 413 of Cr. P.C.), or is tried summarily by such Magistrate and sentenced to
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fine not exceeding two hundred rupees only (section 414 of Cr. P.C.). Where, however, an
accused person has pleaded guilty and has been sentenced by a Magistrate of First Class on
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such plea, for any contravention of the provisions of this Act, there shall be no appeal except as
to the extent or legality of the sentence (section 412 of Cr. P.C.).
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      41. Wilfully making false entries.—If any person with intent to deceive makes or causes or
allows to be made in any record, register, or notice prescribed under section 33 an entry which is
to his knowledge false in any material particular, or causes or allows to be omitted from any such
record, register or notice an entry required to be made therein, he shall be liable on conviction to
an imprisonment for a term not exceeding three months or to a fine which shall not be less than
fifty rupees and which may extend to two hundred and fifty rupees or to both.
                                             COMMENTS
      Penalty under this section can be imposed by a court not below the rank of a Magistrate of
the First Class or a Metropolitan Magistrate in a residency town. The penalties which may be
imposed are of two types, namely: (i) imprisonment for a period not exceeding three months, or
(ii) fine which shall not be less than fifty rupees but which may extend to two hundred and fifty
rupees, or both.
      42. Penalty for obstructing Inspector.—Whoever wilfully obstructs an Inspector in the
exercise of any power under section 37 or conceals any employee in an establishment from
appearing before or being examined by an Inspector shall on conviction, be punished with fine
which shall not be less than fifty rupees and may extend to two hundred and fifty rupees.
                                             COMMENTS
      This section contemplates penalty for causing wilful obstruction to an Inspector in the
exercise of his powers under section 37 of the Act. In other words, this section punishes every
person who wilfully, (a) obstructs an Inspector in the exercise of his powers under section 37, or
(b) conceals any employee in an establishment from appearing before or being examined by an
Inspector. But for launching prosecution under this section, it must be proved that the obstruction
or concealment, as aforesaid, was wilful. There is no vicarious responsibility for an offence under
this section and it is only the person who obstructs or conceals, is liable to be prosecuted under
this section.
      43. Determination of employer for the purpose of this Act.—(1) Where the owner of an
establishment is a firm or other association of individuals, any one of the individual partners or