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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: April 3, 20242024-04-03T13:57:07+05:30 2024-04-03T13:57:07+05:30In: Industrial Safety

Describe the general penalty for offences under Section 92 to 106a.

Describe the general penalty for offences under Section 92 to 106a.

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    1. Himanshu Kulshreshtha Elite Author
      2024-04-03T13:57:30+05:30Added an answer on April 3, 2024 at 1:57 pm

      Under the Factories Act, 1948, Sections 92 to 106A outline various offences and penalties for non-compliance with the provisions of the Act. The general penalties for offences under these sections typically involve fines and, in some cases, imprisonment. Here's a brief overview:

      1. Fines: For most offences under Sections 92 to 106A, the Act prescribes fines as the primary form of penalty. The amount of the fine may vary depending on the nature and severity of the offence. Fines imposed for offences under these sections are generally payable to the government and may range from modest sums to substantial amounts, depending on the circumstances of the case.

      2. Imprisonment: In certain cases, the Act provides for imprisonment as an additional penalty for offences under Sections 92 to 106A. Individuals found guilty of serious violations or repeat offences may face imprisonment as a consequence of their actions. The duration of imprisonment may vary, with some offences carrying shorter sentences and others leading to longer periods of incarceration.

      3. Continuing Offences: The Act also addresses continuing offences, where non-compliance persists over time. In such cases, the penalty may include a daily fine or additional fines for each day that the offence continues beyond a specified period. This serves as a deterrent to encourage prompt compliance with the Act's provisions and prevent ongoing violations.

      4. Other Consequences: In addition to fines and imprisonment, offenders may also face other consequences, such as orders for remedial action, suspension or revocation of licenses or permits, and reputational damage. These additional measures aim to encourage compliance with the Act and deter future violations.

      Overall, the penalties for offences under Sections 92 to 106A of the Factories Act, 1948, are intended to deter non-compliance, promote adherence to safety and health standards, and protect the interests of workers, the public, and the environment. By imposing appropriate penalties for violations, the Act aims to ensure accountability and promote a culture of compliance with the law among employers, factory owners, and other stakeholders involved in industrial operations.

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