47. PENALTY FOR CONTRAVENTION OF PROVISIONS REGARDING SAFETY MEASURES. –
(1) Whoever contravenes the provisions of any rules and 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 offences for which the persons 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 fine 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.
