Save as 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 rule 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 3[two years] or with fine which may extend to 4[one lakh rupees] or with both and if the contravention is continued after conviction, with a further fine which may extend to5 [one thousand rupees] for each day on which the contravention is so continued:
6[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 7[twentyfive thousand rupees] in the case of an accident causing death, and 8[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 1 Sec.91-A ins. by Act 94 of 1976 (w.e.f. 26.10.1976) 2 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987).
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987) 4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987) 5 Subs. by Act 20 of 1987 (w.e.f 1.12.1987) 6 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976) 7 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987) 8 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987) Sec. 93 The Factories Act, 1948 53 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.]