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Sec 94, Factories Act 1948: Enhanced Penalty after Previous Conviction

Section 94 (Enhanced penalty after previous conviction) under Chapter X (Penalties and Procedure) of the Factories Act 1948

❝(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 three years or with fine which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both:

 Provided 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 section 87 has resulted in an 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.

(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted.❞




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Notes:

The Factories Act 1948 was amended by the:
- Repealing and Amending Act, 1949 (No. 40 of 1949);
- Repealing and Amending Act, 1950 (No. 35 of 1950);
- Adaptation of Laws Order, 1950 (A.O. 1950);
- Factories (Amendment) Act, 1954 (No. 25 of 1954);
- Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970);
- Factories (Amendment) Act, 1976 (No. 94 of 1976);
- Factories (Amendment) Act, 1987 (No. 20 of 1987).

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