Cognizance of Offences :

No Court shall take cognizance of any offence punishable under this Act accept on a complaint made by or under the authority of the appropriate Government.

Where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time- there appropriate Government shall authorise the Controlling Authority to make a complaint against the employer.

The Controlling Authority shall within 15 days from the date of such authorization, make such complaint to a magistrate having jurisdiction to try the offence and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. [Section 11]