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Labour Laws




                    Notes          9.5.1 Powers of Inspectors

                                   The powers of Inspectors are as follows:
                                   1.   An Inspector appointed under sub-section (1) may, for the purpose of ascertaining whether
                                       any of the provisions of this Act has been complied with-
                                       ™ z  require an employer to furnish such information as he may consider necessary;

                                       ™ z  at any reasonable time and with such assistance, if any, as he thinks fit, enter any
                                            establishment or any premises connected therewith and require anyone found in
                                            charge thereof to produce before him for examination any accounts, books, registers
                                            and other documents relating to the employment of persons or the payment of salary
                                            or wages or bonus in the establishment;

                                       ™ z  examine  with  respect  to  any  matter  relevant  to  any  of  the  purposes  aforesaid,
                                            the  employer, his agent  or servant  or any  other person found in charge of the
                                            establishment or any premises connected therewith or any person whom the
                                            Inspector has reasonable cause to believe to be or to have been an employee in the
                                            establishment;

                                       ™ z  make copies of, or take extracts from, any book, register or other document maintained
                                            in relation to the establishment;
                                       ™ z  exercise such other power as may be prescribed.
                                   2.   Every Inspector shall be deemed to be a public servant within the meaning of the Indian
                                       Penal Code (45 of 1860).
                                   3.   Any person required to produce any accounts, books, register or other documents or to
                                       give information by an Inspector under sub-section (1) shall be legally bound to do so.
                                   4.   Nothing contained in this section shall enable an Inspector to require a banking company
                                       to furnish or disclose any statement or information or to produce, or give inspection of any
                                       of its books of account or other documents, which a banking company cannot be compelled
                                       to furnish, disclose, produce or give inspection of, under the provisions of section 34A of
                                       the Banking Regulation Act, 1949 (10 of 1949).
                                   9.5.2 Offences and Penalties [Secs. 28 & 29]


                                   The offences and penalties of Inspectors are as follows:
                                   1.   For contravention of the provisions of the Act or rules the penalty is imprisonment upto 6
                                       months or fine up to ` 1000, or both.

                                   2.   In case of offences by companies, every person who, at the time the offence was committed,
                                       was in charge of, and was responsible to, the company for the conduct of 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: any such person liable to any
                                       punishment if he proves that the offence was committed without his knowledge or that he
                                       exercised all due diligence to prevent the commission of such offence.

                                   Self Assessment

                                   Fill in the blanks:
                                   13.   The appropriate government may, by notification in the ................... appoint such persons
                                       as it thinks fit to be Inspectors for the purposes of this Act and may define the limits within
                                       which they shall exercise jurisdiction.




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