General penalty for offences

Section 92 of the Factory Act , 1948 deals with general penalty for offences. 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 th

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[twenty-five 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 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.] 1[93. Liability of owner of premises in certain circumstances .- (1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services such as approach roads, drainage, water supply, lighting and sanitation.

(2) The Chief Inspector shall have, subject to the control of the State Government power to issue orders to the owner of the premises in respect for the carrying out the provisions of sub-section (1).

(3) Where in any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, of any contravention of the provisions of this Act in respect of- (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned;

(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;

(iii) safe means of access to the floors of flats, and maintenance and cleanliness of staircases and common passages;

(iv) precautions in case of fire;

(v) maintenance of hoists and lifts; and (vi) maintenance of any other common facilities provided in the premises.

(4) The Chief Inspector shall have, subject to the control of the State Government power to issue orders to the owner of the premises in respect of carrying out the provisions of sub-section (3).

(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories:

Provided that the owner shall be responsible also for complying with the requirements relating to the provisions and maintenance of latrines, urinals and washing facilities.

(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue order to the owner of the premises referred to in sub-section (5) in respect of the carrying out the provisions of section 46 or section 48.

(7) Where in any premises portions or room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of- (i) Chapter III, except sections 14 and 15;

(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36: 1 Sec.93 subs. by Act 25 of 1954 Sec. 94 Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:

Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him.

(iii) Section 42.

(8) The Chief Inspector shall have, subject to the control of the State Government power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (7).

(9) In respect of sub-sections (5) and (7) while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.]

Section 92, The Factory Act , 1948 (Act 63 of 1948).