Section 56 in The Bombay Shops and Establishments Act, 1948
56. Enhanced penalty in certain cases after previous conviction.
- If any employer and manager who have been convicted of any offence under sub-section (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, 34A] [These figures and letter were substituted for the figures '33' by Gujarat 11 of 1962, section 17.], 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 fifty rupees and which may extend to five hundred rupees; 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 seventy-five rupees and which may extend to seven hundred and fifty rupees: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 five hundred rupees on second conviction and seven hundred and fifty rupees on third or any subsequent conviction:Provided further 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 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.
