Amendment status not verified — confirm the current text below against the official source.
(1) No Court shall take cognizance of a complaint against any person for an offence under sub-section (1) of Sec. 20 unless an application in respect of the facts constituting the offence has been presented under Sec. 15 and has been granted wholly or in part and the authority empowered under the later 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 Sec. 20, the authority empowered under Sec. 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 Sec. 4 or of Sec. 6 or of a contravention of any rule made under Sec. 26 except on a complaint made by or with the sanction of an inspector under this Act. (3-A) No Court shall take cognizance of any offence punishable under sub-section (3) or sub-section (4) of Sec. 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 Sec. 20 the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Sec. 15.