Chapter X
Penalties and procedure
47. Penalty for contravention of provisions regarding safety measures.- (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.
Comments
Contravention of any rules made for the safety and health of building and other
construction workers is punishable with imprisonment upto three months, or with
fine upto two thousand rupees or with both. Continuing contravention is punishable
with additional tine upto one hundred rupees for every day after conviction for
the first contravention, If any person, who has been convicted of any offence cited
above and 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 upto six months, or with fine of not less than five hundred rupees
but which may be upto two thousand rupees or with both.
48. Penalty for failure to give notice of the commencement of the building or other
construction work.- Where an employer fails to give notice of tile commencement
of the building or other construction work under section 46, he 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.
Comments
Failure to give notice of commencement of the building or other construction work
is punishable with imprisonment upto three months, or with tine upto two thousand
rupees, or with both.
49. Penalty for obstructions.- (1) Whoever obstructs an Inspector in the discharge
of his duties under this Act or refuses or willfully 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.
Comments
If any body (i) obstructs an Inspector in the discharge of his duties or refuses
or wilfully neglects to afford any reasonable facility to the Inspector for making
any inspection, examination or inquiry or investigation, (ii) refuses to produce
on the demand of an Inspector any register or other document or prevents or attempts
to prevent any person from appearing before, or being examined by an Inspector,
is to be punished with imprisonment upto three months, or with fine upto one thousand
rupees, or with both.
50. Penalty for other offences.- (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-
- informing him of the grounds on which it is proposed to impose a penalty and
- 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:-
- summoning and enforcing the attendance of witnesses;
- requiring the discovery and production of any document;
- requisitioning any public record or copy thereof from any court or office;
- receiving evidence on affidavits; and
- 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.
Comments
Contravention or failure to comply with any provision of the Act or any rules made
there- under is, where no express penalty is provided for such contravention or
failure, punishable with fine upto one thousand rupees for every such contravention
or failure. Continuing contravention or failure is punishable with additional fine
upto one hundred rupees for every day during which such contravention or failure
continues after the conviction for the first contravention or failure.
51. Appeal.- (1) Any person aggrieved by the imposition of any
penalty under section 50 may prefer an appeal-
- where the penalty has been imposed by the Director-General, to the Central Government;
- where the penalty has been imposed by the Chief Inspector, to the State Government,
within a period of three months from the date of communication to such person of
the imposition of such penalty:
Provided that the Central Government or the State Government, as the case may be,
may, if it is satisfied that the appellant was prevented by sufficient cause from
preferring an appeal within the aforesaid period of three months, allow such appeal
to be preferred within a further period of three months.
(2) The appellate authority may, after giving the appellant an opportunity of being
heard, if he so desires, and after making such further inquiry, if any, as it may
consider necessary, pass such order as it thinks fit confirming, modifying or reversing
the order appealed against or may send back the case with such directions as it
may think fit for a fresh decision.
Comments
If any person is aggrieved by the imposition of any penalty under section 50 he
can prefer an appeal to the Central Government where the penalty is imposed by the
Director General, to the State Government where the penalty is imposed by the Chief
Inspector within a period of three months from the date communication to such person
of the imposition of the penalty. If the appellant has been prevented by sufficient
cause from preferring an appeal within three months the Government may allow appeal
to be preferred within a further period of three months.
52. Recovery of penalty.- Where any penalty imposed on any person under section
50 is not paid,-
- 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
- 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
- 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 tile 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 tI1e amount specified thereunder
as if it were an arrear of land revenue.
53. Offences by companies.- (1) Where an offence under this Act has been committed
by a company, every person who, at the time the offence was committed, was in charge
of, and was responsible to, the company for the conduct of the business of the company,
as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent tile commission
of such offence.
(2) Nothwithstanding anything contained in sub-section (1) where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on
the part of any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association
of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
54. Cognizance of offences.- (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 a Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence punishable this Act.
(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.
55. Limitation of prosecutions.- No court shall take congizance of an offence punishable
under this Act unless the complaint thereof is made within three months from the
date on which the alleged commission of the offence came to the knowledge of the
Director-General, the Chief Inspector, an office-bearer of a voluntary organisation
or, as the case may be, an office-bearer of any concerned trade union.
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