Page 270 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Unit 12: The Factories Act, 1948

Every District Magistrate shall be an Inspector for his district.
The State Government may also appoint such public officers that it thinks fit to be Additional
Inspector for all or any of the purposes of this Act, within such local limits as it may assign to
them respectively.
In any area where there are more Inspectors than one, the State Government may declare the
powers which such Inspectors shall respectively exercise.

Power of Inspectors

According to Section 9, an Inspector is vested with the following powers, which he may exercise
within the local limits under his control. The powers are to be exercised in accordance with the
roles framed for this purpose.
(a) he may enter any premises which is used or which he has reason to believe is used, as a
factory. He may be accompanied by such assistants, who are in the service of the Government
or any local or public authority or with an expert as he thinks fit;
(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury,
disability or not, and take on the spot or otherwise statements of any person which he may
consider necessary for such inquiry;

(d) require the production of any prescribed register or any other document relating to the
factory;
(e) seize or take copies of an register, record or other document or any portion thereof as he
may consider necessary in respect of any offence under this Act, which he has reason to
believe, has been committed;

(f) direct the occupier that any premises or any part thereof or any thing lying therein shall
be left undisturbed (whether generally or in particular aspects) for so long as is necessary
for the purpose of any examination under clause (b);
(g) take measurements and photographs and make such recordings as he considers necessary
for the purpose of any examination under clause (b), taking with him any necessary
instrument or equipment;
(h) in case of any article or substance found in any premises, being an article or substance
which appears to him as having caused or is likely to cause danger to the health or safety
of the workers, direct it to be dismantled or subject it to any process or test (but not so as
to damage or destroy it unless the same is in the circumstances necessary for carrying out
the purposes of this Act) and take possession of any such article or substance or a part
thereof and detain it for so long as is necessary for such examination.
Duties of the Inspectors

The Inspectors are required:
(i) to carry out duties as laid down under Section 9 (b) and (c);
(ii) to ensure that statutory provisions and rules framed are carried out properly; and
(iii) to launch prosecutions against factory-owners under the provision of Chapter X of the
Act.

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