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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

             ii.        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.



Dock Workers (Safety, Health and Welfare) Act, 1986 Back




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