Employer compliance must be sought via written direction before prosecution, except for repeat violations where prosecution proceeds. Section 137 conditions initiation of prosecution on issuance of a written direction granting the employer a time-limited opportunity to comply: if the employer complies within that period, no prosecution is initiated. The written-direction requirement applies to offences under Chapters III and IV when enforced by Central Government-notified officers and to other provisions when enforced by appropriate Government-notified officers. No remedial opportunity is accorded where the employer repeats a violation of the same nature within the prescribed repeat-violation period, and in that event prosecution is to be initiated.
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Employer compliance must be sought via written direction before prosecution, except for repeat violations where prosecution proceeds.
Section 137 conditions initiation of prosecution on issuance of a written direction granting the employer a time-limited opportunity to comply: if the employer complies within that period, no prosecution is initiated. The written-direction requirement applies to offences under Chapters III and IV when enforced by Central Government-notified officers and to other provisions when enforced by appropriate Government-notified officers. No remedial opportunity is accorded where the employer repeats a violation of the same nature within the prescribed repeat-violation period, and in that event prosecution is to be initiated.
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