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Statutes

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. THE FACTORIES ACT [Act No. 63 of 1948] As amended by the Factories (Amendment) Act, 1987]      .
. CHAPTER X, Penalties and Procedure .
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94. Enhanced penalty after previous conviction

56[(1)] If any person who has been convicted of any offence punishable under section 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 57[three years] or with fine, 64[which shall not be less than 58[ten thousand rupees] but which may extend to 59[two lakh rupees] or with both :

65[Provided that the court may, for any adequate and special reasons to be mentioned in the judgement impose a fine of less than 60[ten thousand rupees;]

Provided further 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 61[thirty five thousand rupees] in the case of an accident causing death and 62[ten thousand rupees] in the case of an accident causing serious bodily injury.

66[(2) For the purpose 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.]

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56. Sec.94 renumbered as sub.sec.(1) by Act 94 of 1976
57. Subs. by Act 20 of 1987
58. Subs. by Act 20 of 1987
59. Subs. by Act 20 of 1987
60. Subs. by Act 20 of 1987
61. Subs. by Act 20 of 1987
62. Subs. by Act 20 of 1987
64. Subs. for "which may extend to one thousand rupees" by ibid.
65. Proviso subs. by ibid.
66. Sub-sec.(2) ins. by ibid.

 

 

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