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.]