Lawgist92General penalty for offences
Save as is 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 rules 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 1[two years] or with fine which may extend to 2[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 3[one thousand rupees] for each day on which the contravention is so continued:
4[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 5[twenty-five thousand rupees] in the case of an accident causing death, and 6[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 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.]
STATE AMENDMENT
Maharashtra
Insertion of section 92A in 63 of 1948.--After section 92 of the principal Act, the following section shall be inserted, namely:--
92A. Compounding of certain offences.--(1) The State Government may, by notification in the Official Gazette, prescribe in respect of the offences specified in the Fourth Schedule, which may before the institution of the prosecution, be compounded by such officer not below the rank of Deputy Chief Inspector of Factories and for such amount as may be prescribed but the amount of fine shall not be more than the fine prescribed under section 92:
Provided that, the State Government may, by notification in the Official Gazette, amend the Fourth Schedule by way of addition, omission or variation of any offence specified in the said Schedule.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence.”.
[Vide Maharashtra Act 40 of 2015, s. 7].
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1. Subs. by s. 30, ibid., for "three months" (w.e.f. 1-12-1987).
2. Subs. by s. 30, ibid., for "two thousand rupees" (w.e.f. 1-12-1987).
3. Subs. by s. 30, ibid., for "seventy-five rupees" (w.e.f. 1-12-1987).
4. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976).
5. Subs. by Act 20 of 1987, s. 30, for "one thousand rupees" (w.e.f. 1-12-1987).
6. Subs. by s. 30, ibid., for "five hundred rupees" (w.e.f. 1-12-1987).
- 92 General penalty for offences
- 93 Liability of owner of premises in certain circumstances
- 94 Enhanced penalty after previous conviction
- 95 Penalty for obstructing Inspector
- 96 Penalty for wrongfully disclosing results of analysis under section 91
- 96A Penalty for contravention of the provisions of sections 41B, 41C and 41H
- 97 Offences by workers
- 98 Penalty for using false certificate of fitness
- 99 Penalty for permitting double employment of child
- 100 Repealed
- 101 Exemption of occupier or manager from liability in certain cases
- 102 Power of Court to make orders
- 103 Presumption as to employment
- 104 Onus as to age
- 104A Onus of proving limits of what is practicable, etc
- 105 Cognizance of offence
- 106 Limitation of prosecutions
- 106A Jurisdiction of a court for entertaining proceedings, etc., for offence
