The limitation period for launching prosecutions under the Factories Act is three calendar months from the date the offense came to the knowledge of the Inspector.

A. D. V. REDDY, J.

( 1 ) THE point that arises for consideration in these revisions is what exactly is the period of limitation prescribed in S. 106 of the Factories Act for launching of prosecutions for offences under the Act.

( 2 ) IN all these cases, the State, 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 compliant 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, compliant 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 is contended that in the first two of the revisions i. e. , Nos. 312 and 313 of 68, the Inspector had visited the factory on 29-8-66 and the complaint was lodged on 29-11-66 and in the three other cases Cr. R. Cs. 333, 334 and 335 of 1968, he visited the factory on 21-8-66 and the compliant was lodged on 21-11-66. It has been contended that the prosecution is beyond time. Both the lower Courts have held against this contention. Hence these revisions.

( 4 ) THE real question relates to the interpretation of the words "within 3 months of the date on which the alleged commission of the offence came to the knowledge of an Inspector". What has to be seen is whether the complaints had been laid within a period of three months from the date of knowledge. It is first contended that the word month means a month of 30 days and therefore the complaint should be filed within 90 days from the date of knowledge. For this reliance is place on vama Dava Desikar v. Murugesa Mudali, (1906) ILR 29 Mad 75, wherein it was held that in a suit under Section 40 of the Madras Rent Recovery Act, 1865, the period of limitation of one month prescribed should be construed as meaning 30 days. If that interpretation is to be adopted, these proceedings should have been taken within 90 days from the date of knowledge and in every one of these cases, the complaint admittedly had been filed beyond tike. But in Sashi Kumar v. Mrs. D. J. Hill, AIR 1951 Cal 316 it was held that the word month 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 therefore, follows that three months referred to in Section 106 of the Factories Act, which is a Central Act, means three calendar months and not 90 days claculated at the rate of 30 days per month. The Factories Act which had defined day week and year had unfortunately not defined the term month, though in several of the provisions, including the important provisions relating to limitation, the word month has come to be used. This necessitates having resort to the provisions of the General Clauses Act and as Section 3 (35) defines month as a calendar month, the term three months in section 106 of the Factories Act would only mean a period of three calendar months.

( 6 ) THE next contention is that the prosecutions will be within three calendar months only if the day of inspection has to be excluded from the calculation (as that i

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