Payment of Bonus Act,1965

Act No : 21

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Section : Cognizance of offences.

30. Cognizance of offences.-(1) No court shall take cognizance of any offence punishable under this Act, save on complaint made by or under the authority of the appropriate Government 1*[or an officer of that Government (not below the rank of a Regional Labour Commissioner in the case of an officer of the Central Government, and not below the rank of a Labour Commissioner in the case of an officer of the State Government) specially authorised in this behalf by that Government]. (2) No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.

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Prakash Yedhula wrote on 19 April 2009

(i) The period of limitation for filing complaints in criminal court is the same as has been specified in section 469 (1) (a) of the Code of Criminal Procedure, 1973. [Avanti Development Co. Ltd. & Ors. v. State of Maharashtra & Ors., (1988) 57 F.L.R. 548 (Bom.)] (ii) The Labour Commissioner is empowered to file complaints for prosecuting offenders. Also, he can authorise a third party to do so. [Avanti Development Co. Ltd. & Ors. v. State of Maharashtra & Ors., (1988) 57 F.L.R. 548 (Bom.)].

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