17Provisions relating to jurisdiction
(1) No court inferior to that of a 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 an 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 an 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; 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; or
(b) 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.
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- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Inspectors
- 4 Powers of Inspectors
- 5 Powers of Inspectors where employment of dock workers are dangerous
- 6 Facilities to be afforded to an Inspector
- 7 Restrictions on disclosure of information
- 8 Appeal
- 9 Advisory Committee
- 10 Power of appropriate Government to direct inquiry into cases of accidents or diseases
- 11 Obligations of dock workers
- 12 Power to exempt
- 13 Protection of action taken in good faith
- 14 Penalties
- 15 Determination of the persons responsible for the offence in certain cases
- 16 Power of court to make orders
- 17 Provisions relating to jurisdiction
- 18 Provision regarding fine
- 19 General provision for punishment for other offences
- 20 Power to make rules
- 21 Power to make regulations
- 22 General provision relating to rules and regulations
- 23 Amendment of Act 9 of 1948
- 24 Repeal
- 25 Savings