Labour Code Advisor

CHAPTER III - MISCELLANEOUS

Section 12. Cognizance and trial of offences.

(1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

(2) No court shall take cognizance of an offence punishable under this Act except upon—

(a) its own knowledge or upon a complaint made by the appropriate Government or an officer authorised by it in this behalf, or

(b) a complaint made by the person aggrieved by the offence or by any recognised welfare institution or organisation.

Explanation.—For the purposes of this sub-section “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 2

  • 1. 8th March, 1976, vide notification No. S.O. 175(E), dated 6th March, 1976, see Gazette of India, Extraordinary, Part II,sec. 3(ii).

Page 3

  • 1. Ins. by Act 49 of 1987, s. 2 (w.e.f. 16-12-1987).

Page 5

  • 1. Subs. by Act 49 of 1987, s. 3, for “with fine which may extend to one thousand rupees” (w.e.f. 16-12-1987).
  • 2. Subs. by s. 3, ibid., for “with fine which may extend to five thousand rupees” (w.e.f. 16-12-1987).

Page 6

  • 1. Subs. by Act 49 of 1987, s. 4, for section 12 (w.e.f. 16-12-1987).

Page 7

  • 1. Subs. by Act 49 of 1987, s. 5, for section 15 (w.e.f. 16-12-1987).