Procedure in trial of offence
Section 54 of the Goa, Daman and Diu Shops and Establishments Act, 1973 deals with procedure in trial of offence. No Court shall take cognizance of a complaint against an employer under section 43 relating to deductions from wages or delay in payment of wages or gratuity payable under this Act to an employee, unless an application in respect of the facts constituting the offence has been presented under section
(1) No Court shall take cognizance of a complaint against an employer under section 43 relating to deductions from wages or delay in payment of wages or gratuity payable under this Act to an employee, unless an application in respect of the facts constituting the offence has been presented under section 43 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 the employer for such an offence, the authority empowered under section 42 or the appellate Court, as the case may be, shall give such employer an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such employer 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 employee; or (b) the existence of exceptional circumstances, such that the employer was unable, though exercising diligence, to make prompt payment; or 3 Substituted by the amendment Act 33 of 2001. 14 Substituted in place of words "two hundred and fifty rupees" by the Amendment Act 33 of 2001.
(c) the failure of the employee to accept payment.
(3) No Court shall take cognizance of a complaint against any person for an offence under section 43 other than the offence referred to in sub-section (1) or for a contravention of any rule made under section 59 except on a complaint made by or with the previous sanction in writing of an Inspector under this Act within six months from the date on which the offence or contravention is alleged to have been committed.
(4) In imposing any fine for an offence referred to in sub-section (1), the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 43.
Section 54, The Goa, Daman and Diu Shops and Establishments Act, 1973 (Act 13 of 1974).
Cross-references
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Questions about Section 54
What does Section 54 of the Goa, Daman and Diu Shops and Establishments Act deal with?
Section 54 of the Goa, Daman and Diu Shops and Establishments Act is headed "Procedure in trial of offence". No Court shall take cognizance of a complaint against an employer under section 43 relating to deductions from wages or delay in payment of wages or gratuity payable under this Act to an employee, unless an application in respect of the facts constituting the offence has been presented under section
How do I find court cases under Section 54 of the Goa, Daman and Diu Shops and Establishments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Goa, Daman and Diu Shops and Establishments Act 54, section 54 Goa, Daman and Diu Shops and Establishments Act, section 54 of the Goa, Daman and Diu Shops and Establishments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 54 of the Goa, Daman and Diu Shops and Establishments Act, and has it changed?
Its own text turns on section 42, section 43, section 59 (Power to make rules), so none of them can safely be read on its own.
When was the Goa, Daman and Diu Shops and Establishments Act enacted?
Goa, Daman and Diu Shops and Establishments Act was enacted in 1974 as Act 13 of 1974. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1429 words
- 3. Registration of Establishments and renewal of registration certificates658 words
- 23. Leave533 words
- 43. 527 words
- 39. Conditions for terminating the service of an employee and payment of gratuity465 words
- 61. Exemptions391 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f874c770-fe1c-4f29-a968-29cbb889c009.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/4d6bbae4-a265-4dac-b9a3-38b433a703db/content). This page is not a substitute for legal advice.