Limitation of prosecutions

Section 106 of the Factories Act, 1948 deals with limitation of prosecutions. 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 b

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. 2[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.] 3[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.] STATE AMENDMENTS Uttar Pradesh Insertion of new section 106-A in Act No. 63 of 1948 .- In Chapter X of the Factories Act, 1948, after section 106, the following section shall be inserted, namely :- "106-A .- Compounding of offences .- 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 1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987, s. 40 (w.e.f. 1-12-1987). 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) before the institution of the prosecution, the composition shall amount to acquittal of the offender." [Vide Uttar Pradesh Act 35 of 1979, s. 4]. Rajasthan Insertion of new section 106B, Central Act No. 63 of 1948 .- After the existing section 106A and before the existing section 107 of the principal Act, the following shall be inserted, namely :- "106B. Compounding of offences .- 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 realisation 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 e offender.". [Vide Rajasthan Act 20 of 2014, s. 5] SUPPLEMENTAL

Section 106, The Factories Act, 1948 (Act 63 of 1948).