Amendment status not verified — confirm the current text below against the official source.
General penalty for offences.—Save as is otherwise expressly provided in this Act and subject to the provisions of section 93 , if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 2[two years] or with fine which may extend to 3[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 4[one thousand rupees] for each day on which the contravention is so continued: 5[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 6[twenty-five thousand rupees] in the case of an accident causing death, and 7[five thousand rupees] in the case of an accident causing serious bodily injury. Explanation.—In this section and in section 94 “serious bodily injury” means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.] 8[93. Liability of owner of premises in certain circumstances.—(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. (2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1). (3) Where is any premises, independent or self-containted, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of— (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;