Section 55 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
No court shall take congizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the Director-General, the Chief Inspector, an office-bearer of a voluntary organisation or, as the case may be, an office-bearer of any concerned trade union.
Summary
- This section sets a strict time limit for how long someone can wait before taking a construction law violation to court.
- A complaint must be filed within three months of the day the violation was discovered.
- The three month clock starts when an authorized official or union leader finds out about the crime.
- Limitation of prosecutions means there is a deadline after which you can no longer sue or punish someone for a specific crime.
Practical examples
FAQ
1. What is the limitation period for filing a complaint under Section 55 of the Building and Other Construction Workers Act?
Under Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the complaint must be made within three months.
2. When does the three month clock start under Section 55 of the construction law?
The time limit starts on the date the alleged crime came to the knowledge of the Director-General, Chief Inspector, or union office-bearer, according to Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
3. Can a court hear a construction case after one year under Section 55 of the Building and Other Construction Workers Act?
Generally no, Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, prevents courts from taking notice of an offence if the complaint is made more than three months after it was discovered.
Test yourself
Q1.How much time is allowed to file a complaint under Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q2.Under Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, what event starts the three-month countdown?
Q3.Which person's knowledge can start the limitation period under Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q4.If a complaint is filed after the period mentioned in Section 55 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, what must the court do?