Limitation under the Factories Act runs in calendar months and excludes the date of knowledge when time is computed.

Section 106 of the Factories Act was construed as prescribing three calendar months, not 90 days, because "month" is taken from the General Clauses Act as a month according to the British calendar. The phrase "within three months of the date" was held to run from the date the Inspector acquired knowledge of the offence, and that starting date is excluded when computing limitation under general principles on time computation. On that basis, the complaints were treated as filed within limitation and the revisions were dismissed.

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Issues: Whether the expression "within three months of the date" in section 106 of the Factories Act means three calendar months or 90 days, and whether the date on which the Inspector acquired knowledge of the offence must be excluded while computing limitation.

Analysis: Section 106 prescribes the time for launching a prosecution for an offence under the Factories Act. The Act does not define "month", so the definition in section 3(35) of the General Clauses Act applies and the word means a month reckoned according to the British calendar. The phrase "within three months of the date" was construed as meaning three calendar months after the date on which the offence came to the knowledge of the Inspector. In computing that period, the day of knowledge was excluded, supported by the principles in the Limitation Act and the General Clauses Act governing computation of time in special statutes.

Conclusion: The limitation period under section 106 is three calendar months excluding the date of knowledge, and the complaints in question were within time.

Final Conclusion: The prosecutions were held to be timely, so the revisions failed and were dismissed.

Ratio Decidendi: Where a special statute prescribes action "within" a stated period from the date of knowledge, the period is computed in calendar months and the date from which the period begins is excluded.

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