Sections 52 and 53 of the Code on Wages, 2019: Cognizance of Offences and Penalty Enquiry
Sections 52 and 53 form part of Chapter VIII of the Code on Wages, 2019, dealing with offences and penalties. They regulate who may initiate an offence complaint, the minimum level of criminal court competent to try offences, and the statutory enquiry mechanism for specified monetary penalties.
Section 52 - Cognizance of offences
52(1). No court shall take cognizance of an offence punishable under the Code except on a complaint made by or under the authority of the appropriate Government or an officer authorised for this purpose, or by an employee, a registered Trade Union, or an Inspector-cum-Facilitator.
52(2). The Code provides that no court below the level of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try offences under the Code.
What Section 52 means
Cognizance is the stage at which a competent criminal court judicially takes notice of an alleged offence for proceeding according to law. Section 52 restricts the persons or authorities through whom a complaint under the Code may validly be brought before the court.
The provision expressly recognises complaints by an employee and a registered trade union, in addition to complaints by or under governmental authority and by an Inspector-cum-Facilitator. Sub-section (2) also fixes the minimum judicial level at which offences under the Code may be tried.
Section 53 - Power of officers of the appropriate Government to impose penalty in certain cases
53(1). Notwithstanding Section 52, the appropriate Government may appoint an officer not below the rank of Under Secretary to the Government of India, or an officer of equivalent rank in the State Government, to hold an enquiry for imposing penalties in the cases specified in Section 53. These include matters under Section 54(1)(a), Section 54(1)(c), Section 54(2), and Section 56(7).
53(2). The appointed officer may summon and enforce the attendance of persons acquainted with the facts, receive evidence, and require production of documents considered useful or relevant to the enquiry. If satisfied after enquiry that the relevant offence has been committed, the officer may impose the penalty authorised by the applicable provision.
Enquiry procedure under the Central Rules
The Central Rules prescribe the manner of enquiry under Section 53. In substance, the procedure provides for a complaint before the appointed officer, consideration of the complainant's evidence, summons to the alleged offender where a prima facie offence appears, and an opportunity to plead and defend the case.
If liability is disputed, evidence may be taken on oath, witnesses may be cross-examined, documentary evidence may be placed on record, and the accused person is given an opportunity to lead defence evidence. The officer then decides the complaint after hearing the parties and considering the oral and documentary evidence.
Related provisions
Section 53 should be read with Section 54 (Penalties for offences) and Section 56 (Composition of offences). The enforcement structure also connects with Section 51 on Inspector-cum-Facilitators.