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Section 94: Enhanced penalty after previous conviction

The Factories Act, 1948State Act of Maharashtra · Act 63 of 1948

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 provisions 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 7[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 8[thirty-five thousand rupees] in the case of an accident causing death and 9[ten thousand rupees] in the case of an accident causing serious bodily injury.]

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

Where this provision sits

ActThe Factories Act, 1948
Section94
Marginal noteEnhanced penalty after previous conviction
JurisdictionState of Maharashtra
StatusIn force as published by the source

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