Page 299 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 12.3 Inspectors and their Powers

An Inspector of Factories appointed under the Factories Act, 1948 shall be an inspector for the
purposes of the Payment of Wages Act in respect of all factories within the local limits assigned
to him.
Moreover, the State Government may, by notification in the Official Gazette, appoint such other
persons as it thinks fit to be Inspectors for the purposes of the Act. It may define the local limits
within which and the class of factories and industrial or other establishments in respect of which
they shall exercise their functions. It may also appoint Inspectors for the purpose of the Act in
respect of persons employed upon a railway to whom the Act applies.

Power of Inspectors (Sec. 14 and 14-A)

An Inspector may:
a) make such examination and inquiry as he thinks fit in order to ascertain if the provisions
of the Act are being observed;
b) enter, inspect and search any premises of any railway, factory or industrial or other
establishment at any reasonable time for the purpose of carrying out the objects of the Act;
c) supervise the payment of wages to persons employed in any railway or in any factory or
industrial or other establishments;
d) examine the registers and records maintained in pursuance of the Act and take statements
of any persons which he considers necessary for carrying out the purposes of the Act;

e) Seize or take copies of registers or documents which may be relevant in respect of an
offence committed by an employer;
f) Exercise other such powers as may be prescribed.

No person shall be compelled to answer any question or make any statement tending to
incriminate himself. Every Inspector shall be deemed to be a public servant within the meaning
of the Indian Penal Code. Every employer shall afford an inspector at all reasonable facilities for
making any entry, inspection, supervision, examination or inquiry under this Act.

Appointment of Competent Authority

The State Government may, by notification in the Official Gazette, appoint a person as the
Authority to hear and decide for any specified area all claims arising out of deductions from the
wages, or delay in payment of the wages of persons employed or paid in that area, including all
matters incidental to such claims. The following may be appointed as the Authority.

a) a presiding officer of any Labour Court or Industrial Tribunal constituted under the
Industrial Disputes Act, 1947, or
b) any Commissioner for Workmen’s compensation, or

c) any other officer with the experience as a judge of a civil court or as a stipendiary Magistrate.
If the State Government considers it necessary to do so, it may appoint more than one Authority
for any specified area and may, by general or special order, provide for the distribution or
allocation of work to be performed by them under this Act. (Section 15).
Every authority so appointed shall have all the powers of a Civil Court under the Code of Civil
Procedure, 1908. For the purpose of taking evidence, enforcing the attendance of witnesses and

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