PENALTIES AND PROCEDURECentral

Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961

No court shall take cognizance 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 an inspector: Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

Summary

This section sets a time limit for starting legal action against those who break the law.
A court cannot look at a complaint unless it is made within three months of an inspector finding out about the offence.
If the offence is about someone ignoring a written order from an inspector, the limit is longer.
For written orders, the complaint must be filed within six months of the date the offence allegedly happened.

Practical examples

1An inspector visits Blue Sky Transport on January 1st and finds they have no rest rooms. The inspector must file a complaint in court by April 1st to meet the three month deadline.

2An inspector gives a written order to Ravi Motors on February 1st to provide uniforms. On March 1st, the inspector sees the order was ignored. The inspector has until September 1st to file the complaint since it involves a written order.

FAQ

1. What is the deadline for filing a case under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961?

Under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961, the general deadline is three months from when an inspector learns about the crime.

2. Does the time limit change for disobeying an inspector's order in THE MOTOR TRANSPORT WORKERS ACT, 1961?

Yes, under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961, if the offence is disobeying a written order, the complaint can be made within six months of the offence.

3. Can a court accept a late complaint under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961?

No, the law states a court shall not take notice of an offence unless the complaint is made within the specific three or six month windows set in Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961.

Test yourself

Q1.Under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961, how long does an inspector usually have to file a complaint after discovering an offence?

Q2.What is the time limit under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961, for a complaint involving the disobedience of a written order?

Q3.Under Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961, who must have knowledge of the offence to start the three month timer?

Q4.Does Section 36 of THE MOTOR TRANSPORT WORKERS ACT, 1961, apply to all offences punishable under the Act?

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