Section 211 in The Building And Other Construction Workers '(Regulation Of Employment And Conditions Of Service) Central Rules, 1998
211. Procedure for enquiry into causes of accident or dangerous occurrence.
(1)The enquiry under sub-section (2) or sub-section (3) of section 39 of the Act, as the case may be, shall be conducted by the authority referred to in sub-clause (i) of clause (b) of sub-rule (1) of rule 210, in the following manner, namely:-(a)the enquiry shall be commenced as early as it may be, and in any case, within fifteen days of the receipt of notice of accident or dangerous occurrence under rule 210;(b)the enquiry may be conducted by the authority referred to in sub-clause (i) clause (b) of sub-rule (1) of rule 210 himself or by an enquiry officer appointed by such authority;(c)the authority or enquiry officer, as the case may be, shall serve or cause to be served, notices in writing, informing the date, time and place of such enquiry to all persons entitled to appear in such enquiry and whose names and addresses are known to such authority or enquiry officer;(d)notwithstanding the provision of clause (b), for the purpose of notifying other persons who may in any way be concerned or be interested in such enquiry, the authority or enquiry officer, as the case may be, may publish notice of such enquiry in one or more local newspapers, informing the date, time and place of such enquiry.(2)The person entitled to appear at the enquiry may include,-(a)an inspector or any officer of the Central Government or the State Government or an undertaking or public body, concerned with the enforcement or compliance of safety provisions of the Act and the rules in the concerned establishment;(b)a trade union or a workers 'association or an employers 'association;(c)the worker involved in the accident or his legal heir or authorised representative;(d)the owner of the premises in which the accident took place;(e)any other person, at the discretion of the authority or the enquiring officer, as the case may be, who may be interested in or be concerned with the cause of an accident or may have knowledge about such cause or is likely to give material evidence or produce a relevant document in connection with such accident or dangerous occurrence.(3)In case the entitled person referred to in sub-rule (2) is a body corporate, a company, or any other organisation, association, group of persons such group may be represented through an authorised representative including a counsel or a solicitor.(4)Subject to the provisions of sub-rule (5) the enquiry shall be held in public.(5)In cases where,-(a)the Central Government is of the opinion that the matter of the enquiry or any part of it are of such nature that it would be against the interests of national security to hold the enquiry in public and directs the said authority or the enquiry officer, as the case may be, to hold the enquiry in camera; or(b)on an application made by any part to the enquiry, the authority or the enquiry officer, as the case may be, referred to in sub-rule (1), if it or he is of the opinion that the holding of public enquiry will lead to disclosure of information relating to a trade secret, decides to hold the enquiry of such part of it in camera, such enquiry shall not be held in public.(6)Information disclosed by any person during the course of hearing or evidence in the cases covered under sub-rule (5) shall not be disclosed to any person except for the purpose of the enquiry.(7)The person entitled to appear under sub-rule (2), called for evidence or representating in an enquiry shall be entitled to make an opening statement, give evidence, request the enquiry officer to call for specified document or evidence, cross-examine other person or to the extent and at the stage permitted by the authority or enquiry officer holding the enquiry.(8)Any evidence in any enquiry may be admitted at the discretion of the authority or enquiry officer during the enquiry, who may, also direct that documents to be tendered in evidence may be inspected by any person entitled or permitted to appear at such enquiry and that facilities be afforded to such person to take or obtain copies thereof.(9)The authority or the enquiry officer holding an enquiry may authorise any person, being an officer of the Central Government, to assist such authority or enquiry officer where necessary, for the purpose of conducting the enquiry, and the officer so authorised may enter the premises of the concerned establishment during working hours, inspect the records relevant to such enquiry, investigate and take such evidence as may be required to conduct such enquiry.(10)The findings of the enquiry alongwith all evidence, in original, including statements of witnesses shall be forwarded to the authority specified under section 39 of the Act within five days of the completion of the enquiry in cases where sub-enquiry was not conducted by such authority itself.(11)A copy of the findings alongwith a brief statement of facts relating to an enquiry conducted under this rule shall be forwarded to the Director General and the Central Government by the authority referred to in sub-rule (1) of rule 210.
