Section 137:
Prior opportunity before prosecution.
Notwithstanding anything contained in this Chapter, the
Inspector-cum-Facilitator or any other officer notified for the purposes of offences relating to Chapter III
and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those
Chapters, by the Central Government; and for the purposes of offences relating to other provisions of this
Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the
appropriate Government, shall, before initiation of prosecution proceeding against an employer for any
offence under this Chapter, give an opportunity to the employer to comply with the aforesaid relevant
provisions by way of a written direction, which shall lay down a time period for such compliance, and, if
the employer complies with the direction within such period, then, no such proceeding shall be initiated
against the employer; but no such opportunity shall be accorded to an employer, if the violation of the same
nature of such provisions is repeated within a period of three years from the date on which such first
violation was committed and in such case the prosecution shall be initiated in accordance with the
provisions of this Chapter.