PENALTIES AND PROCEDURECentral

Section 49 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

(1)Whoever obstructs an Inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the Inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(2)Whoever wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before, or being examined by, an Inspector acting in pursuance of his duties under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Insertion of new section--After section 49, insert.-- 49A. Compounding of offences.--(1) Any offence punishable under sections 47, 48 and 49 may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf: Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount: Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further:
(2)Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020) and Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020). ]

Summary

Preventing an Inspector from doing their job is a crime punishable by jail or a fine.
Refusing to provide reasonable facilities for an inspection or inquiry is considered obstruction.
Employers must produce requested registers or documents or face penalties.
Hiding workers or preventing them from speaking to an Inspector is strictly prohibited.
The penalty for these actions is up to three months in jail or a one thousand rupee fine.

Practical examples

1When an Inspector arrives to check the wage records, the site owner locks the office door and says the key is lost. The owner is charged with obstruction under the Act and fined one thousand rupees.

2An Inspector wants to interview a worker about a recent accident, but the foreman tells the worker to run away and hide in a basement. The foreman faces three months in jail for preventing an examination.

FAQ

1. What is the penalty for obstructing an Inspector under Section 49 of the Building and Other Construction Workers Act, 1996?

Under Section 49 of the Act, obstruction is punishable by up to three months in prison, a fine up to one thousand rupees, or both.

2. Can an employer be punished for refusing to show wage registers to an Inspector under Section 49 of the Construction Workers Act?

Yes, Section 49 of the Building and Other Construction Workers Act, 1996 specifically penalizes the wilful refusal to produce any register or document demanded by an Inspector.

3. What happens if someone prevents a worker from being examined by an Inspector under Section 49 of the Building and Other Construction Workers Act, 1996?

According to Section 49 of the Act, attempting to prevent or preventing a person from appearing before an Inspector is punishable by up to three months in jail or a fine of up to one thousand rupees.

Test yourself

Q1.Under Section 49 of the Building and Other Construction Workers Act, 1996, what is the maximum fine for obstructing an Inspector?

Q2.What is the jail term for preventing a person from appearing before an Inspector under Section 49 of the Construction Workers Act?

Q3.Which action is NOT mentioned as an offence under Section 49 of the Building and Other Construction Workers Act, 1996?

Q4.Under Section 49 of the Construction Workers Act, what must an employer provide to an Inspector for an inquiry?

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