The general penalty for various offences related to safety under the Factories Act, 1948, serves as a deterrent against violations and non-compliance with safety regulations in factories. These penalties are crucial for ensuring the well-being and protection of workers and promoting a culture of safety in industrial settings. Let's delve into the general penalty provisions and their implications for different safety-related offences:
1. Section 92 - Penalty for Contravention of Provisions Regarding Safety:
• Section 92 of the Factories Act, 1948, specifies the penalty for contravening provisions related to safety in factories.
• According to this section, any person who contravenes the provisions of the Act concerning safety, including rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
• This penalty applies to various safety-related offences such as failure to provide adequate safety measures, neglecting safety precautions, and non-compliance with safety standards prescribed under the Act.
2. Section 92A - Enhanced Penalty on Second or Subsequent Conviction:
• Section 92A of the Act provides for enhanced penalties on second or subsequent convictions for offences related to safety.
• If a person is convicted of an offence under Section 92 for the second or subsequent time, the penalty may include imprisonment for a term which shall not be less than three months but which may extend to two years, and a fine which shall not be less than ten thousand rupees but which may extend to two lakh rupees.
3. Section 111 - Penalty for Obstructing Inspectors:
• Section 111 of the Act pertains to the penalty for obstructing inspectors appointed under the Act.
• Any person who willfully obstructs an inspector in the exercise of his powers or duties under the Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
4. Section 92B - Penalty for False Statements:
• Section 92B of the Act deals with penalties for making false statements, false returns, or false representations.
• Any person who makes a false statement or false representation or knowingly makes any omission in any application, return, or notice required to be furnished under the Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
5. Section 112 - General Penalty for Offences Not Otherwise Provided For:
• Section 112 of the Act serves as a catch-all provision for penalties for offences not specifically addressed elsewhere in the Act.
• Any person who contravenes any provision of the Act or any rule or order made thereunder for which no penalty is elsewhere provided shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
6. Section 115 - Penalty for Contravention of Act in Respect of Young Persons:
• Section 115 of the Act specifies penalties for contravention of provisions related to the employment of young persons.
• Any person who employs a young person in contravention of the provisions of the Act regarding the employment of young persons shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.
7. Section 116 - Penalty for Contravention of Act in Respect of Women:
• Section 116 of the Act addresses penalties for contravention of provisions related to the employment of women.
• Any person who contravenes the provisions of the Act regarding the employment of women shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.
These general penalty provisions under the Factories Act, 1948, underscore the importance of ensuring compliance with safety regulations and standards in factories. They serve as a deterrent against negligence, non-compliance, and malpractices that endanger the health and safety of workers. It is essential for factory owners, managers, and workers to be aware of these penalties and take proactive measures to uphold safety standards and prevent accidents and injuries in the workplace. Compliance with safety regulations not only protects the well-being of workers but also contributes to the overall efficiency and sustainability of industrial operations.
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