Factories Act, 1934 — section 60

60. Penalty for contraventions of Act and rules..—_If in any factory

(a)there is any contravention

(i)of any of the provisions of sections 13 to 3[32] inclusive, or

(ii)of any order made under any of the said sections, or

(iii)of any of the said sections read with rules made in pursuance thereof under 3[section 33J] or

(iv)of any rules made under any of the said sections or under 3[sections 33J and 33Q], or

(v)of any condition imposed under sub-section (3) of section 3[33P], or

(b)any person is allowed to work in contravention

(i)of any of the provisions of sections 34 to 38 inclusive, 42, 45 4[,48, 49H and 49I], or 1 Subs by A. O. 1937. 2 Subs. by Act No. XVI of 1973, s, 19. 3 Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (Ordinance No. IX of 1972), s. 2, Sch. 1. 4 Subs. by the Labour Laws (Amdt.) Act, 1975 (Act No. XI of 1975), s.2 and Sch.

(ii)of any rule made under any of the said sections, or under section 49, or

(iii)of any condition attached or any exemption granted under section 43 or section 44 or section 45 or to any permission granted under section 38 or section 49, or

(c)there is any contravention of any of the provisions of sections 39 to 41 inclusive or of any rule made under section 39, section 41 or section 47, or of any condition attached to any exemption granted under section 41 or to any modification or relaxation made under section 44, or

(d)any person is not paid any extra pay to which he is entitled under the provisions of section 47, or

(e)any adolescent or child is allowed to work in contravention of any of the provisions of sections 50, 51, 54, 55, 57 and 58, or

(f)there is any contravention of section 55 or section 56 or of any rules made under either of these sections, or under clause (d) of section 59, 1[or] 1 [(g) there is any contravention of section 49B, 49C, or 49D, or of any rule made under section 49F,] the manager and occupier of the factory shall each be punishable with fine which may extend to five hundred rupees : Provided that if both the manager and the occupier are convicted, the aggregate of the fines inflicted in respect of the same contravention shall not exceed this amount. 61. Enhanced penalty in certain cases after previous conviction. If any person who has been convicted at any offence punishable under clauses (b) to 2[(g)] inclusive of section 60 is again guilty of an offence Involving a contravention of the same provision, he shall be punishable on the second conviction with fine which may extend to seven hundred and fifty rupees and shall not be less than one hundred rupees, and if he is again so guilty, shall be punishable on the third or any subsequent conviction with fine which may extend to one thousand rupees and shall not be less than two hundred and fifty rupees : Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished : Provided further that the Court, if it is satisfied that there are exceptional circumstances warranting such a course, may, after recording its reasons writing, impose a smaller fine than is required by this section. 1 Added and ins. by Act No. III of 1945, s. 4. (w. e. f. the 1st January, 1946). 2 Subs. by Act No. III of 1945, s.5. 62. Penalty for failure to give notice of commencement of work or of change of manager. An occupier of a factory who fails to give any notice required by sub-section (1) 1[,sub-section (1A)] or sub-section (2) of section 9 shall be punishable with fine which may extend to five hundred rupees.