Section 11
Cognizance of offences.
The Payment of Gratuity Act, 1972
About this Act
An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto.
(1) No court shall take cognizance of any offence punishable under
this Act save on a complaint made by or under the authority of the appropriate Government:
Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorisation, make such complaint to a magistrate having jurisdiction to try the offence.
(2) No court inferior to that of a 1[Metropolitain magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.
Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorisation, make such complaint to a magistrate having jurisdiction to try the offence.
(2) No court inferior to that of a 1[Metropolitain magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.
Notes
1. Subs. by Act 34 of 1994, s. 4, for "Presidency Magistrate or a Magistrate of the first class" (w.e.f. 24-5-1994).