Section 42 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)The Central Government may, by notification, appoint a Gazetted Officer of that Government to be the DirectorGeneral of Inspection who shall be responsible for laying down the standards of inspection and shall also exercise the powers of an Inspector throughout India in relation to all the establishments for which the Central Government is the appropriate Government.
- (2)The State Government may, by notification, appoint a Gazetted Officer of that Government to be the Chief Inspector of Inspection of Building and Construction who shall be responsible for effectively carrying out the provisions of this Act in the State and shall also exercise the powers of an Inspector under this Act throughout the State in relation to establishments for which the State Government is the appropriate Government.
- (3)The appropriate Government may, by notification, appoint such number of its officers as it thinks fit to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.
- (4)Every Inspector appointed under this section shall be subject to the control of the Director-General or the Chief Inspector, as the case may be, and shall exercise his powers and perform his functions under this Act subject to general control and supervision of the Director-General or the Chief Inspector.
- (5)The Director-General, the Chief Inspector and every Inspector shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Summary
- The Central Government appoints a Director-General of Inspection to oversee safety standards across the whole country.
- State Governments appoint a Chief Inspector of Inspection to manage safety rules within their specific state.
- These high-ranking officials must be Gazetted Officers, which are senior government employees whose appointments are published in official records.
- Governments also appoint regular Inspectors for specific local areas to check on construction sites.
- Every official appointed under this section is considered a public servant, meaning they have specific legal duties and protections.
Practical examples
FAQ
1. Who is responsible for laying down inspection standards across India under Section 42 of the Building and Other Construction Workers Act 1996?
Under Section 42 of the Building and Other Construction Workers Act 1996, the Director-General of Inspection appointed by the Central Government is responsible for laying down these standards.
2. What is the legal status of an Inspector appointed under Section 42 of the Building and Other Construction Workers Act 1996?
Every Inspector, Chief Inspector, and the Director-General appointed under Section 42 of the Building and Other Construction Workers Act 1996 is deemed to be a public servant according to the Indian Penal Code.
3. Can a State Government appoint its own inspection head under Section 42 of the Building and Other Construction Workers Act 1996?
Yes, Section 42 of the Building and Other Construction Workers Act 1996 allows the State Government to appoint a Chief Inspector of Inspection of Building and Construction for its territory.
Test yourself
Q1.According to Section 42 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Director-General of Inspection must hold what rank?
Q2.Under Section 42 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, who exercises the powers of an Inspector throughout a specific State?
Q3.To whom are regular Inspectors subject to control under Section 42 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q4.What does Section 42 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, say about the legal identity of the inspection staff?