PENALTIES AND PROCEDURECentral
Section 50 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)Whoever contravenes any other provision of this Act or any rules made thereunder or who fails to comply with any provision of this Act or any rules made thereunder shall, where no express penalty is elsewhere provided for such contravention or failure, be punishable with fine which may extend to one thousand rupees for every such contravention or failure, as the case may be, and in the case of a continuing contravention or failure, as the case may be, with an additional fine which may extend to one hundred rupees for every day during which such contravention or failure continues after the conviction for the first such contravention or failure.
- (2)A penalty under sub-section (1) may be imposed--
- (a)by the Director-General where the contravention or failure relates to a matter to which the appropriate Government is the Central Government; and
- (b)by the Chief Inspector where the contravention or failure relates to a matter to which the appropriate Government is the State Government.
- (3)No penalty shall be imposed unless the person concerned is given a notice in writing--
- (a)informing him of the grounds on which it is proposed to impose a penalty; and
- (b)giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty mentioned therein, and, if he so desires, of being heard in the matter.
- (4)Without prejudice to any other provision contained in this Act, the Director-General and the Chief Inspector shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while exercising any powers under this section, in respect of the following matters, namely:--
- (a)summoning and enforcing the attendance of witnesses;
- (b)requiring the discovery and production of any document;
- (c)requisitioning any public record or copy thereof from any court or office;
- (d)receiving evidence on affidavits; and
- (e)issuing commissions for the examination of witnesses or documents.
- (5)Nothing contained in this section shall be construed to prevent the person concerned from being prosecuted under any other provision of this Act or any other law for any offence made punishable by this Act or by that other law, as the case may be, or for being liable under this Act or any such law to any other or higher penalty or punishment than is provided for such offence by this section: Provided that no person shall be punished twice for the same offence.
Summary
- This is a general penalty for any violation of the Act that doesn't have its own specific section.
- The maximum fine for these miscellaneous offences is one thousand rupees.
- Continuing violations after conviction lead to an extra fine of one hundred rupees per day.
- Penalties are imposed by the Director-General for central projects and the Chief Inspector for state projects.
- No penalty can be imposed without giving the person a written notice and a chance to explain themselves.
- The Director-General and Chief Inspector have the same powers as a civil court to summon witnesses and evidence.
- No one can be punished twice for the same exact offence.
Practical examples
1An employer fails to keep a specific welfare register required by the rules, but there is no specific penalty section for it. The Chief Inspector issues a written notice and, after hearing the employer's side, imposes a seven hundred rupee fine under the general penalty section.
2A site owner continues to ignore a minor rule even after being fined. Under the continuing violation rule, the Director-General adds a one hundred rupee fine for every day the rule is broken after the first court date.
FAQ
1. What is the fine for an offence that doesn't have a specific penalty mentioned in the Building and Other Construction Workers Act, 1996?
Under Section 50 of the Act, such offences are punishable with a fine of up to one thousand rupees.
2. Who has the authority to impose general penalties under Section 50 of the Construction Workers Act?
Section 50 of the Building and Other Construction Workers Act, 1996 states that the Director-General imposes penalties for Central Government matters and the Chief Inspector for State Government matters.
3. Is a hearing required before a penalty is imposed under Section 50 of the Building and Other Construction Workers Act, 1996?
Yes, Section 50 of the Act requires a written notice of grounds and a reasonable opportunity for the person to make a representation or be heard.
4. What special powers do officials have when imposing penalties under Section 50 of the Construction Workers Act?
Under Section 50 of the Building and Other Construction Workers Act, 1996, the Director-General and Chief Inspector have civil court powers to summon witnesses and require the production of documents.
Test yourself
Q1.Who imposes a penalty under Section 50 of the Construction Workers Act if the project falls under the State Government?
Q2.What is the daily fine for a continuing failure under Section 50 of the Building and Other Construction Workers Act, 1996?
Q3.Under Section 50 of the Construction Workers Act, which power is NOT granted to the Director-General or Chief Inspector?