Section 92 of Factories Act - General penalty for offences
 

Section 92: 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 1[two years] or with fine which may extend to 2[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 3[one thousand rupees] for each day on which the contravention is so continued:

4[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 5[twenty-five thousand rupees] in the case of an accident causing death, and 6[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.]

STATE AMENDMENT

Maharashtra
Insertion of section 92A in 63 of 1948.--After section 92 of the principal Act, the following section shall be inserted, namely:--
92A. Compounding of certain offences.--(1) The State Government may, by notification in the Official Gazette, prescribe in respect of the offences specified in the Fourth Schedule, which may before the institution of the prosecution, be compounded by such officer not below the rank of Deputy Chief Inspector of Factories and for such amount as may be prescribed but the amount of fine shall not be more than the fine prescribed under section 92:

Provided that, the State Government may, by notification in the Official Gazette, amend the Fourth Schedule by way of addition, omission or variation of any offence specified in the said Schedule.

(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence.".
[Vide Maharashtra Act 40 of 2015, s. 7].

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1. Subs. by s. 30, ibid., for "three months" (w.e.f. 1-12-1987).
2. Subs. by s. 30, ibid., for "two thousand rupees" (w.e.f. 1-12-1987).
3. Subs. by s. 30, ibid., for "seventy-five rupees" (w.e.f. 1-12-1987).
4. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976).
5. Subs. by Act 20 of 1987, s. 30, for "one thousand rupees" (w.e.f. 1-12-1987).
6. Subs. by s. 30, ibid., for "five hundred rupees" (w.e.f. 1-12-1987).