Section 47 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (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.
Summary
- Breaking safety and health rules can lead to three months in prison or a two thousand rupee fine.
- If the safety violation continues after a conviction, a daily fine of one hundred rupees applies.
- Repeat offenders face up to six months in jail and a minimum fine of five hundred rupees.
- A second offence is only treated as a repeat if it happens within two years of the first conviction.
- Courts have the power to lower the five hundred rupee minimum fine if they provide a written explanation.
- This section specifically punishes the violation of safety rules made to protect workers on site.
Practical examples
FAQ
1. What is the maximum fine for a first-time safety violation under Section 47 of the Building and Other Construction Workers Act, 1996?
For a first-time contravention of safety rules, Section 47 of the Act allows for a fine that may extend to two thousand rupees.
2. Can an employer go to jail for safety violations under Section 47 of the Construction Workers Act?
Yes, Section 47 of the Building and Other Construction Workers Act, 1996 allows for imprisonment for a term up to three months for a first offence.
3. How does Section 47 of the Building and Other Construction Workers Act, 1996 handle a business that refuses to fix a safety issue after being convicted?
According to Section 47 of the Act, if the violation continues after conviction, an additional fine of up to one hundred rupees for every day of the continued violation can be imposed.
4. What is the look-back period for repeat safety offences under Section 47 of the Construction Workers Act?
A previous conviction is only considered for the higher repeat penalties if it occurred within two years before the new offence, as per Section 47 of the Building and Other Construction Workers Act, 1996.
Test yourself
Q1.What is the maximum imprisonment for a first safety rule violation under Section 47 of the Building and Other Construction Workers Act, 1996?
Q2.Under Section 47 of the Construction Workers Act, what is the daily fine for a continuing violation after the first conviction?
Q3.For a subsequent conviction of the same safety rule, what is the minimum fine under Section 47 of the Building and Other Construction Workers Act, 1996?
Q4.A builder was convicted of a safety violation three years ago. If they commit the same violation today, how does Section 47 of the Construction Workers Act treat them?