No Court shall take cognizance of any
offence punishable under this Act 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 :
Provided that where the offence consists
of disobeying a written order made by an Inspector, complaint thereof
may be made within six months of the date on which the offence is
alleged to have been committed.
1Explanation : For the purposes of this section,
(a) in the case of a continuing offence,
the period of limitation shall be computed with reference to every
point of time during which the offence continues;
(b) where for the performance of any act
time is granted or extended on an application made by the occupier or
manager of a factory, the period of limitation shall be computed from
the date on which the time so granted or extended expired.
STATE AMENDMENT
Uttar Pradesh.—After section 106, insert the following section.—
“106A. Compounding in offences.—The
Inspector may, subject to any general or special order of the State
Government in this behalf, compound any offences punishable under this
Act with fine only, and committed for the first time, either before or
after the institution of the prosecution, on realisation of such amount
of composition fee as he thinks fit not exceeding the maximum amount of
fine fixed for the offence; and where the offence is so compounded,—
(i) before the institution of the
prosecution, the offender shall not be liable to prosecution, for such
offence and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.”
[Vide Uttar Pradesh Act, 35 of 1979, sec. 4 (w.e.f. 21-12-1979)].
comments
On visiting second time, Inspector
discovered continuance of disobedience of a provision of the Factories
Act, limitation for complaint can be said to start from date of later
visit of Inspector; State of Mysore v. M.R. Srinivasan, 1966 (2) LLJ
274.
No comments:
Post a Comment