1968 (9) TMI 123

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....tate, through the Assistant Inspector of Factories, had filed complaints in Criminal Courts 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....

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....9; in its ordinary acceptance, means a 'calendar month' and not a 'lunar month' except 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 th....

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....eriod is the period of limitation ................." In the Sita Ram v. State, (1961)IILLJ1All , it is pointed 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 th....