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TMI Blog1968 (9) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... rts for breach of certain provisions of the Act punishable under Section 92 of the said Act. Section 106 of the Factories Act reads as follows:- 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 . 3. In so far as the knowledge of the Inspector is concerned it is contended that in the first two of the revisions i.e., Nos. 312 and 313 of 68, the Inspector had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt where in a particular place or business or trade the word 'month' has acquired a secondary meaning. In the above decisions the provisions of the General Clauses Act of 1897 had not been considered. Section 3 of the said Act, which defines certain terms, says that in all Central Acts and regulations made after the commencement of this Act (on the principles of this Act) unless there is anything repugnant in the subject or context, the definitions given thereunder would apply. Section 3 sub-clause (35) defines 'month' as: 'month' shall mean a month reckoned according to the British calendar . 5. It is therefore, follows that three months referred to in Section 106 of the Factories Act, which is a Central A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted out that a complaint referred to in Section 106 is an application within the meaning of Section 29(2), Limitation Act, that since the Limitation Act prescribes no period if limitation for a complaint under Section 106, Factories Act, the period prescribed by Section 106 must be held to be different and the first limb of sub-section (22) of Section 29, Limitation Act would apply, and Section 12, Limitation Act, would therefore, apply because it has not been expressly excluded by the Factories Act, and therefore, the day of the knowledge should be excluded. It was further held that even in case that Section 29(2) and Sec. 12 of the Limitation Act did not apply, under the common law the date on which the offence came to the notice of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of after, e.g., the word 21 days of the execution' means '21 days after the execution'. 8. We therefore, find that the term 'within three months of the date' in Section 106 of the Factories Act means 'within three calendar months after the commission of the offence came to the knowledge of the Inspector . This interpretation based on common law as well as on the provisions of the Limitation Act and the provisions of the General Clauses Act results in the exclusion of the day of the knowledge, i.e., the date of inspection and the three months being calculated as three calendar months. In this view all the prosecutions are within time. 9. These revisions are therefore, dismissed. 10. Revisions dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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