Bare ActsThe FACTORIES ACT, 1948

Section 106

Limitation of prosecutions

Amendment status not verified — confirm the current text below against the official source.

Limitation of prosecutions. No Court shall take cognizance of any offence punishable under this Act unless complaint thereof 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. 74 1*[Explanation.--For the purposes of this section,-- (a) in the case of 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. 2*[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence. For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed.] 3*[106B Compounding of Offences : (1) The inspector may subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only and committed for the first time, either before or after the institution of the prosecution, on realization 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. (2) Nothing in sub section (1) shall apply to the offences: (i) relating to the provision of chapter –IV A of the principle Act. (ii) relating to Section 87 of the principle Act.” CHAP SUPPLEMENTAL CHAPTER XI SUPPLEMENTAL

Section 106 – The FACTORIES ACT, 1948 | DailyLaw.ai