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Section 11, Payment Of Gratuity Act 1972: Cognizance Of Offences

Section 11 of the Payment of Gratuity Act, 1972 — 'Cognizance of offences', reads as follows:

(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 Metropolitain magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.




Extra Notes for Readers

(1) In sub-section (2), the words "Metropolitain magistrate or a Judicial Magistrate of the first class" were substituted for the words "Presidency Magistrate or a Magistrate of the first class" by Act 34 of 1994, s. 4, (w.e.f. 24-May-1994).




This page was last updated on 29th March 2018.

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