{"act":{"id":"factories-act-1948-bihar","short_title":"The Factories Act, 1948","long_title":null,"act_number":"63","act_year":1948,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Bihar","unit":"section","section_count":125,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/95a48c2f-32e3-4ab3-ae03-ece0be734d0c.pdf","url":"https://indiacode.ecourtsindia.com/factories-act-1948-bihar/"},"unit":"section","section":{"number":"94","heading":"Enhanced penalty after previous conviction","text":"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 provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to2[three years] or with fine3[which shall not be less than4[ten thousand rupees] but which may extend to5[two lakh rupees]] or with both: \"[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than4[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 1. Section 94 renumbered is sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 31, for \"six months\" (w.e.f. 1-12-1987). 3. Subs. by Act 94 of 1976, s. 41, for \"which may extend to one thousand rupees\" (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 31, for \"two hundred rupees\" (w.e.f. 1-12-1987). 5. Subs. by s. 31, ibid., for \"five thousand rupees\" (w.e.f. 1-12-1987). 6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976). shall not be less than1[thirty-five thousand rupees] in the case of an accident causing death and2[ten thousand rupees] in the case of an accident causing serious bodily injury.] 3[(2) For the purposes of sub-section (1) no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted.]","html":"

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 provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to2[three years] or with fine3[which shall not be less than4[ten thousand rupees] but which may extend to5[two lakh rupees]] or with both: "[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than4[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 1. Section 94 renumbered is sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 2. Subs. by Act 20 of 1987, s. 31, for "six months" (w.e.f. 1-12-1987). 3. Subs. by Act 94 of 1976, s. 41, for "which may extend to one thousand rupees" (w.e.f. 26-10-1976). 4. Subs. by Act 20 of 1987, s. 31, for "two hundred rupees" (w.e.f. 1-12-1987). 5. Subs. by s. 31, ibid., for "five thousand rupees" (w.e.f. 1-12-1987). 6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976). shall not be less than1[thirty-five thousand rupees] in the case of an accident causing death and2[ten thousand rupees] in the case of an accident causing serious bodily injury.] 3[(2) For the purposes of sub-section (1) no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted.]

","words":279,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/factories-act-1948-bihar/section/94/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/95a48c2f-32e3-4ab3-ae03-ece0be734d0c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/cba8f9ed-af73-4552-953f-6602e41c3554/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}