Lawgist21Procedure in trial of offences
(1) No Court shall take cognizance of a complaint against any person for an offence under sub-section (1) of section 20 unless an application in respect of the facts constituting the offence has been presented under section 15 has been granted wholly or in part and the authority empowered under the latter section or the appellate Court granting such application has sanctioned the making of the complaint.
(2) Before sanctioning the making of a complaint against any person for an offence under sub-section (1) of section 20, the authority empowered under section 15 or the appellate Court, as the case may be, shall give such person an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or Court that his default was due to--
(a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or
(b) the occurrence of an emergency or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or
(c) the failure of the employed person to apply for or accept payment.
(3) No Court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention of any rules made under section 26 except on a complaint made by or with the sanction of an Inspector under this Act.
1[(3A) No Court shall take cognizance of any offence punishable under sub-section (3) or sub-section (4) of section 20 except on a complaint made by or with the sanction of an Inspector under this Act.]
(4) In imposing any fine for an offence under sub-section (1) of section 20 the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 15.
STATE AMENDMENT
Karnataka
Amendment of section 21.--In section 21 of the principal Act,--
(1) in sub-section (1), for the words “and the authority empowered under the latter section or the Appellate Court granting such application”, the words “by the authority or the Appellate Court or the State Government or any Officer authorised by it in this behalf” shall be substituted;
(2) in sub-section (2) for the words and figures “the authority empowered under section 15 or the Appellate Court”, the words “the State Government or the officer authorised by it in this behalf” shall be substituted.
[Vide Karnataka Act 2 of 1977, s. 8].
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1. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).
- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Responsibility for payment of wages
- 4 Fixation of wage-periods
- 5 Time of payment of wages
- 6 Wages to be paid in current coin or currency notes or by cheque or crediting in bank account
- 7 Deductions which may be made from wages
- 8 Fines
- 9 Deductions for absence from duty
- 10 Deductions for damage or loss
- 11 Deductions for services rendered
- 12 Deductions for recovery of advances
- 12A Deductions for recovery of loans
- 13 Deductions for payments to co-operative societies and insurance schemes
- 13A Maintenance of registers and records
- 14 Inspectors
- 14A Facilities to be afforded to Inspectors
- 15 Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims
- 16 Single application in respect of claims from unpaid group
- 17 Appeal
- 17A Conditional attachment of property of employer or other person responsible for payment of wages
- 18 Powers of authorities appointed under section 15
- 19 [Omitted]
- 20 Penalty for offences under the Act
- 21 Procedure in trial of offences
- 22 Bar of Suits
- 22A Protection of action taken in good faith
- 23 Contracting out
- 24 Delegation of powers
- 25 Display by notice of abstracts of the Act
- 25A Payment of undisbursed wages in cases of death of employed person
- 26 Rule-making power
