No Court shall take cognizance of an offence under this Act or any rule or order made thereunder unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector.
53 . Composition of offence -- (1) Subject to the conditions as may be prescribed, the Labour 28 Commissioner or any other officer not below the rank of a Labour Officer, if so authorised by the Labour Commissioner by Notification, may either before or after the institution of proceedings under this Act, permit any person charged with an offence punish able under sections 4 4, 45 or 46 to compound the offence on payment of such sum which shall not be less than rupees fifty and not more than the maxi mu m amount of fine prescribed for the offence .
(2) On payment in full of such sum as may be determined by the Labour Commissioner or the office authorised by the Labour Commissioner under subsection (1) ---
(a) no proceedings shall be commenced against any person as aforesaid; and
(b) if any proceeding have already been commenced against any person as aforesaid, such proceedings shall not be further proceeded with.
CHAPTER XI MISCELLANEOUS AND SUPPLEMENTARY
54. Maintenance of Registers and records and display of notices --- Subject to the general or special orders of the Government an employer shall maintain of for sub-section (1) of section 53 of the Principal Act, the following sub-section shall be substituted cause to be maintained such registered and records and display on the establishment such notice, as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.
55. Wages for overtime work --- Where an employee in any establishment - in required to work in excess of the limit of hours of work, he shall be entitled in respect of the overtime work to wages at the rate of twice his ordinary rate of wages.
Explanation -- For the purposes of the section "limit of hours of work" shall mean --
(a) in respect of establishment to which sections 11, 16, or 21 apply, the limits prescribed in the respective sections; and
(b) in respect of other establishments, such number of hours of work as may be prescribed.
56. Evidence as to age --- (1) When an act of commission would, if a person were under of over a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court apparently under or over such age, the burden shall be on the accused to prove that such person is not under or over such age.
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(2) A declaration in writing by a qualified Medical Practitioner relating to an employee that he has personally examined him and believes him to be under or over the age set forth in such declaration shall, for the purposes of this Act, be admissible as evidence of the age of the employee.
Explanation --- For the purpose of this section, a qualified Medical Practitioner shall have the same meaning as in the Factories Act, 1948 (LXIII of 1948).
57. Restriction of double employment on a holiday or during leave --- No employee shall work in any establishment nor shall any employer engage an employee to work in any establishment on a day on which such employee is given a holiday or is on leave in accordance with the provisions of this Act.
58. Notice of dismissal --- No employer shall dispense with the services of an employee who has been employed for a period of three months of more except for a reasonable cause and without giving such employee at least on month's notice or wages in lieu of such notice.
Provided that such notice shall not be necessary if the services of such employees are dispensed with on a charge of misconduct supported b y satisfactory evidence recorded at an enquiry held by the employer for the purpose .
(2) (a) The employee discharged, dismissed or retrenched may appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer or on the ground to on the ground that such punishment of discharge of dismissal was severe..
(b) The appellate authority may, after giving notice in the prescribed manner to the employer and the employee, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period during which he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case .
(3) The decision of the appellate authority shall be final and binding on both the parties and be given effect to within such time as may be specified in the order of the appellate authority.