Section 64 in Telangana Shops and Establishments Act, 1988
64. Procedure in trial of offences.
(1)No Court shall take cognisance of a complaint against an employer under sub-section (2) of section 61 relating to deductions from the wages or delay in payment of wages of service compensation payable under this Act to an employee, unless an application in respect of facts constituting the offence has been presented under section 51 and has been granted wholly or in part and the authority empowered under the latter section or the appellate authority granting such applications 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 50 or the Appellate Authority, 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 existance of exceptional circumstances, such that the employer was unable, though exercising deligence, to make prompt payment; or(c)the failure of the employee to accept payment.(3)No Court shall take cognisance of a complaint against any person for an offence under section 61 other than the offence referred to in sub-section (1) or for a contravention of any rule made under section 71 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 subsection (1), the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 51.
