Wednesday, 2 February 2022

Inspectors under The Factories Act,1948


Section 8 of the Factories Act,1948 provides the provision for Inspectors. According to this section the State Government has the power to appoint an Inspector by notification in the official gazette for the purposes of the Factories Act. 

According to Sub-section of Section 8, the State Government may appoint any person as Chief Inspector by publishing it in the official gazette. The Chief Inspector along with its power can exercise the power of an Inspector throughout the State.

To assist the Chief Inspector the State Government can appoint other officers and as many Additional Chief Inspectors, Joint Chief Inspectors, and Deputy Chief Inspectors it thinks fit under sub-section (2-A).

According to sub-section (2-B) the Additional Chief Inspector, Joint Chief Inspectors, Deputy Chief Inspector, and other officers appointed under 2-A can exercise the powers of an Inspector along with their powers throughout the State.

But what are the various disqualification for an appointment? Section8(3) provides that if any person has an interest in a factory or business carried on by the factory or with machinery associated with it cannot be appointed as an Inspector and if appointed then he shall not hold office.

Section 8(4) gives power to every Executive District Magistrate to an Inspector for his district.

Powers of Inspectors-

Section 9 of the Factories Act,1948 enumerates the powers of Inspectors within the local limits-

  • The Inspector may enter any place of the factory or where he believes that the place is used as a factory under the definition of the factory. He may be accompanied by his assistants, any local or any public authority, or with experts as he thinks fit.

  • The Inspector has the power to examine the premises, plant, machinery, article, or any other substance.

  • The Inspector can take statements of any person which he thinks necessary while inquiring into any accident or dangerous occurrence whether resulting in bodily injury, disability, or not.

  • The Inspector has the power to order for production of any register or any documents relating to the factory.

  • If the Inspector has a reason to believe that an offense has been committed then he can seize or make copies of any register, record, or other document or any portion thereof.

  • The Inspector can direct the Occupier of the factory to not disturb any area, premises, or any part thereof for necessary inspection.

  • The Inspector can take measurements, photographs or can make such recordings as he considers necessary for examining. The Inspector can take any instrument or equipment to assist him in the process of examination.

  • If the Inspector has a reason to believe that any article or substance in any premise can cause danger to the health or safety of the workers then the Inspector can direct it to be dismantled or can take possession of any such article or substance or a part thereof and also can detain it for necessary examination.

  • The Inspector can exercise other powers as may be prescribed.

In the case of D.C & G. Mills Co. V. Chief Commr. Delhi, it was held that the Inspectors must not only enjoy the powers and duties but also have a moral obligation and are expected to give proper advice and guidance to the factories.

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