Payment of Gratuity Act, 1972
11.Cognizance of offences.-
(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 authorize the controlling authority to make a
complaint against the employer, whereupon the controlling authority shall,
within fifteen days from the date of such authorization, make such complaint to
a magistrate having jurisdiction to try the offence.
(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.