Section 52 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
Where any penalty imposed on any person under section 50 is not paid,--
- (i)the Director-General or, as the case may be, the Chief Inspector may deduct the amount so payable from any money owing to such person which may be under his control; or
- (ii)the Director-General or, as the case may be, the Chief Inspector may recover the amount so payable by detaining or selling the goods belonging to such person which are under his control; or
- (iii)if the amount cannot be recovered from such person in the manner provided in clause (i) or clause (ii), the Director-General or, as the case may be, the Chief Inspector may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on his business and the said Collector, on receipt of such certificate shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue.
Summary
- This section explains how the government collects fine money if someone refuses to pay.
- Officials can take the money out of other payments they owe to that person.
- Authorities have the power to keep or sell the person's goods to cover the debt.
- If those methods do not work, they can ask the local Collector to help.
- The Collector will then collect the money just like they collect unpaid land taxes, which are called arrears of land revenue.
Practical examples
FAQ
1. How does the government recover unpaid fines under Section 52 of the Building and Other Construction Workers Act?
Under Section 52 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, authorities can deduct the amount from money owed to the person, sell their goods, or use the District Collector to recover it.
2. What is the role of the Collector in Section 52 of the construction law?
If other methods fail, the Collector recovers the fine as if it were an arrear of land revenue, which means they use the same process as collecting unpaid property taxes under Section 52 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
3. Can the Chief Inspector sell my equipment under Section 52 of the Building and Other Construction Workers Act?
Yes, Section 52 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, allows the Chief Inspector to detain or sell goods belonging to the person that are under their control to recover the penalty.
Test yourself
Q1.Under Section 52 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, what is the first mentioned method for recovering an unpaid penalty?
Q2.When a certificate is sent to the Collector under Section 52 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, how is the money recovered?
Q3.Who signs the certificate sent to the Collector under Section 52 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q4.If a penalty was imposed under Section 50 and not paid, which section of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, describes the recovery process?