Dock Workers (Safety, Health and Welfare) Act, 1986
17. Provisions
relating to jurisdiction. –
1.
No
court inferior to that of metropolitan magistrate or a magistrate of the first
class shall try any offence under this Act or the regulations.
2.
No
prosecution for any offence under this Act or the regulations shall be
instituted except by or with the previous sanction of all Inspector.
3.
Notwithstanding,
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no
court shall take cognizance of an offence under this Act or the regulations
unless complaint thereof' has been made-
a. In the case of File
offence punishable with fine, -
i.
Within
six months from the date of the offence; or
ii.
Where
the commission of the offence was not known to the Inspector, within six months
from the first day on which the offence comes to the knowledge of' the
Inspector of
iii.
Where
it is not known by whom the offence was committed, within six months from the
first day on which the identity of the offender is known to the Inspector; or
(h) In the case of an offence punishable with imprisonment
i.
Within
one year from the date of the offence; or
Where
the commission of the offence was not known to the Inspector, within one year
from the first day on which the offence comes to the knowledge of the
Inspector; or
iii.
Where
it is not known by whom the offence was committed, within six months from the
first day on which the identity of the offender is known to the Inspector.
Explanation-For the
purposes of this section, in the case of a continuing offence a fresh period of
limitation shall begin to run at every movement of the time during which the
offence continues.