Section 85A of Employees’ State Insurance Act 1948

85A. Enhanced punishment in certain cases after previous conviction
Whoever, having been convicted by a court of an offence punishable under this Act, commits the same offence shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 124[two years and with fine of five thousand rupees]:

PROVIDED that where such subsequent offence is for failure by the employer to pay any contribution which under this Act he is liable to pay, he shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 125[five years but which shall not be less than two years and shall also be liable to fine of twenty-five thousand rupees.]
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