Describe the general penalty for Offences under section 92 to 106A. |
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Under the Factory Act, 1948, Sections 92 to 106A outline various offences and penalties for non-compliance with the provisions of the Act. The penalties for these offences are generally as follows:
Fine: A fine may be imposed on the offender for committing a specific offence under the Act. The amount of the fine varies depending on the nature and severity of the offence. The fine may be imposed as a fixed sum or as a daily fine for continuing offences until compliance is achieved.
Imprisonment: In addition to or instead of a fine, the offender may be sentenced to imprisonment for a specified period. The duration of imprisonment varies depending on the nature and gravity of the offence. Imprisonment is typically reserved for more serious or repeated violations of the Act.
Enhanced Penalties: In cases where the offence is committed by a company, firm, or other corporate entity, the penalties may be enhanced. This may include higher fines or longer periods of imprisonment to hold the organization accountable for its actions.
Prosecution: Offenders may be subject to prosecution in a court of law for violations of the Factory Act. Legal proceedings may be initiated against individuals, employers, or other parties responsible for the commission of the offence.
Closure of Factory: In extreme cases of non-compliance posing imminent danger to the health and safety of workers, the factory may be ordered to be closed down temporarily or permanently. Closure orders are issued to protect the welfare of workers and prevent further harm or accidents.
Forfeiture of Property: In certain cases, the court may order the forfeiture of property or assets belonging to the offender as a penalty for the offence committed. This serves as a deterrent against future violations and may involve the confiscation of machinery, equipment, or other assets related to the offence.
Overall, the penalties for offences under Sections 92 to 106A of the Factory Act aim to enforce compliance with the statutory provisions and ensure the health, safety, and welfare of workers employed in factories. By imposing appropriate penalties, the Act seeks to deter non-compliance and promote a culture of adherence to safety standards and regulations in industrial workplaces.