92. GENERAL 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.
Where an offence, which is punishable under section 92 of the Act, has been committed by an officer of the Railways and he is a public servant within the meaning of section 21 of the Indian Penal Code, the requirement of obtaining sanction to prosecute him is mandatory and taking cognizance of an offence in the absence of section cannot be allowed to stand; General Manager, Wheel and Axle Plant, Bangalore v. State of Karnataka, 1996(1) FLR 23 (Karn).
1. Subs. by Act 20 of 1987, sec. 30, for “three months” (w.e.f. 1-12-1998).
2. Subs. by Act 20 of 1987, sec. 30, for “two thousand rupees” (w.e.f. 1-12-1987).
3. Subs. by Act 20 of 1987, sec. 30, for “seventy-five rupees” (w.e.f. 1-12-1987).
4. Ins. by Act 94 of 1976, sec. 40 (w.e.f. 26-10-1976).
5. Subs. by Act 20 of 1987, sec. 30, for “one thousand rupees” (w.e.f. 1-12-1987).
6. Subs. by Act 20 of 1987, sec. 30, for “five hundred rupees” (w.e.f. 1-12-1987).