SARDARSINGH Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Jaipur City recommending that the order of the City Magistrate, Jaipur-City dated 8th March, 1961 be set aside.

(2.) DR. Sardarsingh, who is the proprietor of 'kamal Clinics' , situate in Ramganj Bazar, Jaipur City, was prosecuted for contravening sec. 4 of the Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter called the Act) for failure to apply for registration of his establishment as required under the section. The complaint was filed on 2nd September, 1960, by the Inspector, Shops and Commercial Establishments. On behalf of the accused an objection was raised that the complaint was barred by limitation having been filed after a period of six months from the date of the commission of the offence. The objection did not find favour with the learned Magistrate and he over-ruled it holding that the offence was continuing. The accused preferred a revision before the learned Sessions Judge, who agreed with the contention of the learned counsel for the accused and has made this reference. Sec. 4 of the Act lays down that: - (1) Within the period specified in sub-sec. (3), the employer of every establishment shall send to the Inspector of the area concerned a statement in the prescribed form containing : - (a) the name of the employer and the manager if any; (b) the postal address of the establishment; (c) the name, if any, of the establishment (d) such other particulars as may be prescribed. (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Within thirty days from the date mentioned in column 2 below in respect of an establishment mentioned in column 1 the statement together with fees shall be sent to the Inspector under sub-sec. (1 ). Establishment Date from which the period of 30 days to commence (i) Establishments existing on the date on which this act comes into force. The date on which this Act comes into force (ii) New establishments The date on which the establishment commences its work.