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Section 85A: Enhanced punishment in certain cases after previous conviction

The Employees’ State Insurance Act, 1948State Act of Bihar · Act 34 of 1948

Whoever, having been convicted by a court of an offence punishable under this Act, commits the same offence shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 7[two years and with fine of five thousand rupees]:

Provided that where such subsequent offence is for failure by the employer to pay any contribution which under this Act he is liable to pay, he shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 8[five years but which shall not be less than two years and shall also be liable to fine of twenty-five thousand rupees].

1. Subs. by Act 29 of 1989, s. 32, for “three months” (w.e.f. 20-10-1989).

2. Subs. by s. 32, ibid., for “five hundred” (w.e.f. 20-10-1989).

3. The proviso shall stand Inserted (date to be notified) by s. 32, ibid.

4. Subs. by Act 38 of 1975, s. 4, for certain words (w.e.f. 1-9-1975).

5. Subs. by Act 29 of 1989, s. 33, for clauses (i) and (ii) (w.e.f. 20-10-1989).

6. Ins. by Act 38 of 1975, s. 5 (w.e.f. 1-9-1975).

7. Subs. by Act 29 of 1989, s. 34, for “one year or with fine which may extend to two thousand rupees, or both” (w.e.f. 20-10-1989).

8. Subs. by s. 35, ibid., for certain words (w.e.f. 20-10-1989).

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Where this provision sits

ActThe Employees’ State Insurance Act, 1948
Section85A
Marginal noteEnhanced punishment in certain cases after previous conviction
JurisdictionState of Bihar
StatusIn force as published by the source

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