Section 94 of Factories Act - Enhanced penalty after previous conviction

Section 94: Enhanced penalty after previous conviction

1[(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 2[three years] or with fine 3[which shall not be less than 4[ten thousand rupees] but which may extend to 5[two lakh rupees]] or with both:

6[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 4[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 7[thirty-five thousand rupees] in the case of an accident causing death and 8[ten thousand rupees] in the case of an accident causing serious bodily injury.]

9[(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.]

---------------------

1. Section 94 renumbered as sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976).
2. Subs. by Act 20 of 1987, s. 31, for "six months" (w.e.f. 1-12-1987).
3. Subs. by Act 94 of 1976, s. 41, for "which may extend to one thousand rupees" (w.e.f. 26-10-1976).
4. Subs. by Act 20 of 1987, s. 31, for "two hundred rupees" (w.e.f. 1-12-1987).
5. Subs. by s. 31, ibid., for "five thousand rupees" (w.e.f. 1-12-1987).
6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976).
7. Subs. by Act 20 of 1987, s. 31, for "two thousand rupess" (w.e.f. 1-12-1987).
8. Subs. by s. 31, ibid., for "one thousand rupees" (w.e.f. 1-12-1987).
9. Ins. by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976).