Amendment status not verified — confirm the current text below against the official source.
Procedure 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 1 Subs. by Act 38 of 1982, sec. 11, for “industrial establishment” (w.e.f. 15-10-1982). 2 Subs. by Act 41 of 2005, sec. 9(e), for “with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees” (w.e.f. 9-11-2005). 3 Subs. by Act 38 of 1982, sec, 11, for “which may extend to three months or with fine which may extend to one thousand rupees, or with both” (w.e.f. 15-10-1982). 4 Subs. by Act 41 of 2005, sec. 9(f), for “with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees” (w.e.f. 9-11-2005). 5 Subs. by Act 41 of 2005, sec. 9(g), for “one hundred rupees” (w.e.f. 9-11-2005). 10 (4) The Punjab Payment of Wages (Procedure) Rules, 1965 respect of the facts constituting the offence has been presented under section 15 and 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. The executing court cannot go beyond the order as passed. The High Court would not interfere in such a matter where the petitioner is not complying with the mandatory directions issued by competent authority; Union of India v. Competent Authority, 1998 LLR 189. 1 Ins. by Act 53 of 1964, sec. 19 (w.e.f. 1-2-1965). Case Law 10 (4) The Punjab Payment of Wages (Procedure) Rules, 1965