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 या
(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.