Bare ActsThe FACTORIES ACT, 1948

Section 94

Enhanced penalty after previous conviction

Amendment status not verified — confirm the current text below against the official source.

l[(1)] If any person who has been convicted of any offence punishable under Sec.92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to [ three years], or the fine [which shall not be less than [ten thousand rupees] but which may extend to [two rupees]] or with both: 3Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than [ten thousand rupees]. Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under Sec. 87 has resulted in accident causing death or serious bodily injury, the fine shall not be less than [thirty-five thousand rupees] in the case of an accident causing death and [ten thousand rupees] in the case of an accident causing serious bodily injury.] 6(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.] Re-numbered by act 94 of 1076, Sec. 41 (w.e.f. 26th October, 1976). Subs. by Act 20 of 1987, Sec. 31 for "six months" (w.e.f. 1st December, 1987). Subs. by Act 94 of 1976, Sec. 41, for "which may extend to one thousand rupees" (w.e.f. 26th October, 1976). Subs. by Act 20 of 1987, Sec. 31 for "two hundred rupees" (w.e.f. 1st December, 1987). Subs. by Sec. 31, ibid. Ins. by Act 94 of 1976, Sec. 41 (w.e.f. 26th October, 1976).

Section 94 – The FACTORIES ACT, 1948 | DailyLaw.ai