47. Penalty for contravention of provisions
regarding safety measures.- (1) Whoever
contravenes the provisions of any rules made
under section 40 shall be punishable with imprisonment
for a term which may extend to three months,
or with fine which may extend to two thousand
rupees, or with both, and in the case of a continuing
contravention, with an additional fine which
may extend to one hundred rupees for every day
during which such contravention continues after
conviction for the first such contravention.
(2) If any person who has
been convicted of any offence punishable under
sub-section (1) is again guilty of an offence
involving a contravention or failure of compliance
of the same provision, he shall be punishable
on a subsequent conviction with imprisonment
for a term which may extend to six months or
with fine which shall not be less than five
hundred rupees but which may extend to two thousand
rupees or with both:
Provided that
for the purposes of this sub-section, no cognizance
shall be taken of any conviction made more than
two years before the commission of the offence
for which the person is subsequently being convicted:
Provided further that
the authority imposing the penalty, if it is
satisfied that there are exceptional circumstances
warranting such a course may, after recording
its reasons in writing, impose a fine of less
than five hundred rupees.
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