(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].
Maharashtra
Amendment of section 21 of act IV of 1936.--In section 21 of the said Act, in sub-section (2), after the words "employed person", at both the places where they occur, the words or his legal representative" shall be inserted.
[Vide Bombay Act XLVIII of 1955, s. 5[
Amendment of section 21 of Act 21 of 1936.--In section 21 of the said Act,--
(1) in sub-section (1), for the words "and the authority empowered under the latter section or the appellate Court granting such applicant" the words "by the authority or the appellate Court and the State Government or any officer authorised by it in this behalf" shall be substituted; (2) in sub-section (2), --
(i) 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.
(ii) for the words "the authority or Court" the words "the State Government or the authorised office" shall be substituted.
[Vide Bombay Act LXII of 1953, s. 8]
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Footnote :
1. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).