The Factories Act of 1948 provides for the appointment of various inspectors by state governments, including Chief Inspectors, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and regular Inspectors. Inspectors have wide-ranging powers to inspect factories, investigate accidents, require documentation, and enforce compliance with the Act. Their main duties are to regularly inspect factories for compliance, verify adherence to provisions on working hours, employment standards, and safety, take enforcement action for any violations, advise factories on compliance, and maintain records of inspections and incidents.
The Factories Act of 1948 provides for the appointment of various inspectors by state governments, including Chief Inspectors, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and regular Inspectors. Inspectors have wide-ranging powers to inspect factories, investigate accidents, require documentation, and enforce compliance with the Act. Their main duties are to regularly inspect factories for compliance, verify adherence to provisions on working hours, employment standards, and safety, take enforcement action for any violations, advise factories on compliance, and maintain records of inspections and incidents.
The Factories Act of 1948 provides for the appointment of various inspectors by state governments, including Chief Inspectors, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and regular Inspectors. Inspectors have wide-ranging powers to inspect factories, investigate accidents, require documentation, and enforce compliance with the Act. Their main duties are to regularly inspect factories for compliance, verify adherence to provisions on working hours, employment standards, and safety, take enforcement action for any violations, advise factories on compliance, and maintain records of inspections and incidents.
The Factories Act of 1948 provides for the appointment of various inspectors by state governments, including Chief Inspectors, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and regular Inspectors. Inspectors have wide-ranging powers to inspect factories, investigate accidents, require documentation, and enforce compliance with the Act. Their main duties are to regularly inspect factories for compliance, verify adherence to provisions on working hours, employment standards, and safety, take enforcement action for any violations, advise factories on compliance, and maintain records of inspections and incidents.
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Q.
Discuss the law relating to appointment, power and duties of Inspector as
enumerated in the Factories Act, 1948.
The government is responsible for the appointment of an inspection staff for the factories. Section 8 of the Factories Act, 1948 gives room for the Chief Inspector, Additional Chief Inspectors, Joint Chief Inspector, Deputy Chief Inspectors and Inspectors to be appointed. The section provides the State Government through the Official Gazette, with the power to have anyone as the Chief Inspector whose powers will be recognized throughout the entire state. The state government also has the power to instill local limits to the Inspectors in the manner it finds best. Section 8 – Appointment of Inspectors - (1) The State Government may, by notification in the Official Gazette, appoint such persons as possessing the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to powers conferred on Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. (2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification. (2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointment under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the power of an Inspector throughout the State. (3) No person shall be appointed under sub-section (1), sub-section (2), sub-section (2A) or sub-section (5), or having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith. (4) Every District Magistrate shall be an Inspector for his district. (5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively. (6) In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent. (7) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section, shall be deemed to be a public servant within the meaning of the Indian Penal Code (XLV of 1860), and shall be officially subordinate to such authority as the State Government may specify in this behalf.
Section 9. Powers of Inspectors
Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed, - (a) enter 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 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 of 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. Duties of the Inspector :- The Factory Act of 1948 in India provides guidelines and regulations for the establishment and maintenance of factories. It also outlines the duties and responsibilities of inspectors appointed under the Act. The duties of inspectors under the Factories Act, 1948 include: 1. Factory Inspections: Inspectors are responsible for inspecting factories to ensure compliance with the provisions of the Act. They visit factories regularly to assess working conditions, safety measures, and general compliance with health and safety standards. 2. Compliance Verification: Inspectors verify whether the factory complies with the various provisions of the Act, such as working hours, employment of young persons, welfare facilities, safety precautions, and other prescribed standards. 3. Enforcement of Provisions: Inspectors enforce the provisions of the Act by issuing notices, orders, or directions to the factory management for rectification of any violations or shortcomings found during inspections. 4. Advising and Educating: Inspectors provide guidance, advice, and assistance to factory management, workers, and other stakeholders regarding the requirements of the Act. They educate them about safety measures, health standards, and welfare facilities. 5. Record Keeping: Inspectors maintain records of inspections, violations, and actions taken. They ensure that accurate and up-to-date records are maintained by both the factory management and themselves. 6. Investigation of Accidents: In case of accidents or serious incidents within a factory, inspectors conduct investigations to determine the cause, identify lapses, and recommend preventive measures for future incidents. 7. Reporting: Inspectors prepare reports on their findings, inspections, and investigations. These reports are submitted to the appropriate authorities, such as the Chief Inspector of Factories or the Director of Industrial Safety and Health. 8. Prosecution: If necessary, inspectors may initiate legal proceedings against the factory management for non-compliance or violations of the Act. They may present evidence and testify in court as required. 9. Awareness Programs: Inspectors may organize and participate in awareness programs, workshops, and training sessions to promote awareness of the provisions of the Act and educate stakeholders about workplace safety and welfare. It's important to note that the specific duties and responsibilities of inspectors may vary slightly depending on the state or region within India, as some states have their own set of rules and regulations in addition to the central Act.
