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Government Of Assam Labour Welfare Inspectorate of Factories

Power of Inspectors

Power of Inspectors



[Sec.9 of The Factories Act,1948]

Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,--

  (a) Entre, with such assistants, being persons in the service of the Government, or any local or other public authority, [or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory;
  (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 any 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 anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as in 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.
    (i) Exercise such other powers as may be prescribed.
Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.

Power of Inspectors



An Inspector shall, for the purpose of the execution of the Act, have power to do all or any the following things, that is to say –
  (a) To photograph any worker, to inspect, examine, measure, copy, photograph sketch or test, as the case may be, any building or room, any plant, machinery, appliance or apparatus, any register or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory.
  (b) In the case of an Inspector who is duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the Act.
  (c) To prosecute, conduct or defend before a court any complaint or other proceeding arising under the Act. or in discharge of his duties as an Inspector:
Provided that the powers of the District Magistrate and such other public officers as are appointed to be additional Inspectors shall be limited to the inspection of the factories in respect of the following matters, namely –
Cleanliness (Section 11),
Overcrowding (Section 16)
Lighting (Section 17)
Drinking water (Section 18)
Latrines and urinals(Section 19)
Spittoons (Section 20)
Precautions in the case of fire (Section 38)
Welfare (Chapter V)
Working hours of adults (Chapter VI – except the power of exemption under the provison to Section 62)
Employment of young persons (Chapter VII)
Leave with wages (Chapter VIII) and
Display of notice (Section 108)
Provided further that –
  (i) The District Magistrate shall not pass any original orders or remarks under Section 11, 17 and 38 of the Act but shall limit and confine his orders or remarks under these Section to the points to which the full time Inspector of Factories has already directed the attention of Manager or occupier of the factory as the case may be;
  (ii) All additional Inspectors except District Magistrates shall report the defects found and remedies suggested for enforcing compliance with requirements of Sections referred to above, to the Chief Inspector who shall pass final orders in each case.