Production record-keeping lapse sustained, while recovery of a personal penalty did not survive after the person's death.

Failure to enter the previous two days' production in the R.G. 1 register was not excused where the explanation of labour go-slow and other difficulties was found insufficient, and the omission was treated as a failure to maintain prescribed production records properly; the penalty on that count was sustained. Recovery of a personal penalty could not be continued after the concerned person had died, because the liability was personal and did not survive against the petitioners once death occurred before recovery. The revision was accordingly disposed of on the basis that the record-keeping lapse stood, while recovery of the deceased person's personal penalty did not survive.

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Issues: (i) Whether failure to record the previous two days' production in the R.G. 1 register could be condoned on the facts stated. (ii) Whether recovery of the personal penalty could be pursued after the concerned person had died.

Issue (i): Whether failure to record the previous two days' production in the R.G. 1 register could be condoned on the facts stated.

Analysis: The explanation based on labour go-slow and other difficulties was found unacceptable. The register contained separate columns for different stages of production, and the petitioners had not shown that they had taken steps to satisfy the authorities that the relevant daily production was properly entered in the appropriate column. The omission was treated as a failure of proper maintenance of the prescribed records, and blanket condonation was held to be inconsistent with the object of maintaining the register.

Conclusion: The failure to make the entries was not condoned and the penalty on this count was sustained.

Issue (ii): Whether recovery of the personal penalty could be pursued after the concerned person had died.

Analysis: The penalty was personal to the individual concerned, and once that person had died before recovery, there was no basis for continuing recovery proceedings against the petitioners in that respect.

Conclusion: Recovery of the personal penalty could not be pursued after the person's death.

Final Conclusion: The revision was disposed of with the finding on the record-keeping lapse maintained against the petitioners, while recovery of the personal penalty against the deceased person was held not to survive.

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