Contents of the Social Security Code

The Code on Social Security, 2020

Section 137. Prior opportunity before prosecution

In force since 21 Nov 2025Chapter XII — Offences and Penalties

Official text

Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator or any other officer notified for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, by the Central Government; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government, shall, before initiation of prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to the employer to comply with the aforesaid relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer; but no such opportunity shall be accorded to an employer, if the violation of the same nature of such provisions is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this Chapter.

Source: The Code on Social Security, 2020, Act No. 36 of 2020 — Gazette of India, p. 83 of the PDF. Open our copy at p. 83 · official download · all sources

Notifications under this section

  • S.O. 2361(E), 8 May 2026: Notification under Section 137 of CoSS, 2020

Commencement In force since 21 Nov 2025

Notification wording (1)
  • S.O. 5319(E), in force from 21 Nov 2025: “sections 17 to 141”