Section 54 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)No court shall take cognizance of any offence punishable under this Act except on a complaint--
- (a)made by, or with the previous sanction in writing of, the Director-General or the Chief Inspector; or
- (b)made by an office-bearer of a voluntary organisation registered under the Societies Registration Act, 1860 (21 of 1860); or
- (c)made by an office-bearer of any concerned trade union registered under the Trade Unions Act, 1926 (16 of 1926).
- (2)No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
Summary
- This section lists the specific people who are allowed to start a legal case in court for construction law violations.
- A court can only look at a case if it is brought by high ranking inspectors, registered voluntary groups, or trade unions.
- Only higher level courts, like a Metropolitan Magistrate or a Judicial Magistrate of the first class, are allowed to handle these cases.
- This ensures that junior courts do not handle these specific construction industry legal matters.
- Taking cognizance means the court officially takes notice of and starts the legal process for a crime.
Practical examples
FAQ
1. Who can file a complaint in court under Section 54 of the Building and Other Construction Workers Act?
Complaints can be made by the Director-General, the Chief Inspector, or their sanctioned representatives, as well as office-bearers of registered voluntary organizations or trade unions under Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
2. Which court handles cases under Section 54 of the construction law?
Only a Metropolitan Magistrate or a Judicial Magistrate of the first class, or a higher court, can try offences under Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
3. Can a regular person file a case under Section 54 of the Building and Other Construction Workers Act?
Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, generally requires the complaint to come from officials, registered voluntary groups, or unions, rather than private individuals.
Test yourself
Q1.Which court is the lowest level allowed to try a case under Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q2.Who must give written permission if an inspector is not filing the complaint themselves under Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q3.Under Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, a trade union must be registered under which law to file a complaint?
Q4.What is required before a court can take cognizance of an offence under Section 54 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?