Section 56 in The Maharashtra Shops and Establishments Act, 1948
56. Enhanced penalty in certain case after previous conviction.
- If any employer and manager who have been convicted of any offence under subsection (1) of sections 10, 11, 13, 14, 18, 19, 24, 31 or 34 or under sub-section (2) or (3) of section 14 or under section 55 or under sections 21, 26, 28, 32, 33, 51, 57, 62 or 65, are again guilty of an offence involving a contravention of the same provision, they shall each be punished on the second conviction with fine which shall not be [less than [one thousand rupees] [Substituted for the words 'less than fifty rupees' by Maharashtra 35 of 1986, Section 9(i)] ] and which may extend to [five thousand rupees] [Substituted for the words 'one thousand rupees' by Maharashtra 35 of 1986, Section 9(ii).]; and if they are again so guilty, they shall each be punished on the third or any subsequent conviction with fine which shall not be less than [seven thousand and five hundred rupees] [Substituted for the words 'one hundred and fifty rupees' by Maharashtra 35 of 1986, Section 9(iii).] and which may extend to [ten thousand rupees] [Substituted for the words 'one thousand and five hundred rupees' by Maharashtra 34 of 2005.]:Provided that if both the employer and the manager are convicted the aggregate of the fine in respect of the same contravention shall not exceed [ten thousand rupees] [Substituted for the words 'one hundred and fifty rupees' by Maharashtra 35 of 1986, Section 9(iii).] on second conviction and [fifteen thousand rupees] [Substituted for the words 'one thousand and five hundred rupees' by Maharashtra 34 of 2005.] on third or any subsequent conviction:Provided further that, for the purposes of this section, no cognisance shall be taken of any conviction made more than two years before the commission of the offence which is being punished:Provided also that the Court, if it is satisfied that there are exceptional circumstances warranting such a course may after recording its reasons in writing impose' a smaller fine than is required by this section.
