Section 61 in The Maharashtra Shops and Establishments Act, 1948
61. Limitation of Prosecutions.
- [(1)] [Renumbered as sub-section (1) and (2) was added by Maharashtra 64 of 1977, Section 21.] No court shall take cognisance of any offence under this Act or any rule or order made thereunder, unless complaint thereof is made within [three months from the date on which the alleged commission of the offence came to the knowledge of an Inspector] [Substituted for the words 'Six months of the date in which the offences is alleged to have been committed' by Bombay 28 of 1952, Section 18.].(2)[ Notwithstanding anything contained in sub-section (1) the aggrieved person or a representative of the registered union of which the aggrieved person is a member, may within three months from the date on which the alleged commission of the offence took place give intimation of the offence to the Inspector and request Him to institute prosecution. On receipt of such intimation and request, the Inspector may himself institute the prosecution within the period of limitation specified in subsection (1) or inform the applicant before the expiry of the said period or as soon as possible thereafter that he does not propose to institute prosecution. On receipt of such intimation, the applicant shall be entitled to institute prosecution, and the Court shall take cognisance of the offence, if compliant thereof is made to it within two months from the date of receipt of the intimation of the Inspector by the applicant.] [Renumbered as sub-section (1) and (2) was added by Maharashtra 64 of 1977, Section 21.]
