If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to 3 [one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both]:
Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.
4 [37A. Power of court to make orders.—(1) Where an employer is convicted of an offence punishable under section 36, the court may, in addition to awarding any punishment, by order in writing, require him within such period as may be specified in the order (which the court may, if it thinks fit and on an application made in this behalf by the employer, from time to time, extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, as the case may be, specified by the court, but if, on the expiry of such period or extended period, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and he shall, on conviction, be punishable with imprisonment for a term which may extend to six months and with fine which may extend to three hundred rupees for every day after such expiry.]
1. Subs. by Act 17 of 2010, s. 12, for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010).
2. Subs. by s. 13, ibid., for “one month, or with fine which may extend to fifty rupees, or with both” (w.e.f. 7-6-2010).
3. Subs. by s. 14, ibid., for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 7-6-2010).
4. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982).
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