Section 21. 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 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 bonafide error or bonafide 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 rule made under section 26 except on a complaint made by or with the sanction of an Inspector under this Act.
(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 affiance 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.
Section 22. Bar of suits
No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed –
(a) forms the subject of an application under section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under section 17; or
(b) has formed the subject of a direction under section 15 in favour of the plaintiff; or
(c) has been adjudged in any proceeding under section 15 not to be owned to the plaintiff; or
(d) could have been recovered by an application under section 15.
Section 22A. Protection of action taken in good faith
No suit prosecution or other legal proceeding shall lie against the government or any officer of the government for anything which is in good faith done or intended to be done under this Act.
Section 23. Contracting out
Any contract or agreement whether made before or after the commencement of this Act whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.
Section 24. Application of Act to railways air transport services mines and oilfields
The powers by this Act conferred upon the State Government shall, in relation to railways air transport services mines and oilfields be powers of the Central Government.
Section 25. Display by notice of abstracts of the Act
The person responsible for the payment of wages of persons employed in a factory or an industrial or other establishment shall cause to be displayed in such factory or industrial or other establishment a notice containing such abstracts of this Act and of the rules made thereunder in English and in the language of the majority of the persons employed in the factory, or industrial or other establishment as may be prescribed.
Section 25A. Payment of undisbursed wages in case of death of employed person
(1) Subject to the other provisions of the Act all amounts payable to an employed person as wages shall if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known –
(a) be paid to the person nominated by him in this behalf in accordance with the rules made under this Act; or
(b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated be deposited with the prescribed authority who shall deal with the amounts so deposited in such manner as may be prescribed.
(2) Where in accordance with the provisions of sub-section (1) all amounts payable to an employed person as wages –
(a) are paid by the employer to the person nominated by the employer person; or
(b) are deposited by the employer with the prescribed authority, the employer shall be discharged of his liability to pay those wages.
Section 26. Rule-making power
(1) The State Government may make rules to regulate the procedure to be followed by the authorities and courts referred to in sections 15 and 17.
(2) The State Government may by notification in the Official Gazette make rules for the purpose of carrying into effect the provisions of this Act.
(3) In particular and without prejudice to the generality of the foregoing power rules made under sub-section (2) may –
(a) require the maintenance of such records registers returns and notice as are necessary for the enforcement of the Act prescribe the form thereof and the particulars to be entered in such registers or records;
(b) require the display in a conspicuous place on premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises;
(c) Provide for the regulate inspection of the weights measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them;
(d) prescribe the manner of giving notice of the days on which wages will be paid;
(e) prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed;
(f) prescribe the procedure for the imposition of fines under section 8 and for making of the deductions referred to in section 10;
(g) prescribe the conditions subject to which deductions may be made under the proviso the sub-section (2) of section 9;
(h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended;
(i) prescribe the extent to which advances may be made and the instalments by which they may be recovered with reference to clause (b) of section 12;
(ia) prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12A;
(ib) prescribe the powers of Inspectors for the purposes of this Act;
(j) regulate the scales of costs which may allowed in proceedings under this Act;
(k) prescribe the amount of court-fees payable in respect of any proceedings under this Act
(l) prescribe the abstracts to be contained in the notices required by section 25;
(la) prescribe the form and manner in which nominations may be made for the purposes of sub-section (1) of section 25A the cancellation or variation of any such nomination or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination and other matters connected with such nominations;
(lb) specify the authority with whom amounts required to be deposited under clause (b) of sub-section (1) of section 25A shall be deposited and the manner in which such authority shall deal with the amounts deposited with it under that clause;
(m) provide for any other matter which is to be or may be prescribed.
(4) In making any rule under this section the State Government may provide that a contravention of the rule shall be punishable with fine which may extend to two hundred rupees.
(5) All rules made under this section shall be subject to the condition of previous publication and the date to be specified under clause (3) of section 23 of the General Clauses Act 1897 (10 of 1897) shall not be less than three months from the date on which the draft of the proposed rules was published.
(6) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
