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Section 106 of Factories Act 1948: Limitation of Prosecutions

Section 106 (Limitation of prosecutions) under Chapter X (Penalties and Procedure) of the Factories Act 1948

❝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.

 Explanation.—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.❞




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Notes:

The Factories Act 1948 was amended by the:
- Repealing and Amending Act, 1949 (No. 40 of 1949);
- Repealing and Amending Act, 1950 (No. 35 of 1950);
- Adaptation of Laws Order, 1950 (A.O. 1950);
- Factories (Amendment) Act, 1954 (No. 25 of 1954);
- Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970);
- Factories (Amendment) Act, 1976 (No. 94 of 1976);
- Factories (Amendment) Act, 1987 (No. 20 of 1987).

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