FACTORY INSPECTORS

SYNOPSIS

1. Introduction
2. Appointment of an inspector
3. Factory Inspectors-Powers- S.9
4. Additional authorities of an Inspector
5. Consequences of obstructing an Inspector S.95
6. Conclusion

1. Introduction

The government is responsible for the appointment of an inspection staff for the factories. The S. 8 gives room for the Chief Inspector, Additional Chief Inspectors, Joint Chief Inspectors, 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.

2. Appointment of an Inspector

Through the Official Gazette, the State Government has the mandate to appoint other officers who may include additional Chief Inspectors, Joint Chief Inspectors, and Deputy Chief Inspectors; to give a helping hand to the Chief Inspector. All these inspectors are termed to be public servants according to the Indian Penal code, 1860.

People who act as inspectors are not allowed to be directly or indirectly involved in a factory even in the simplest of interests, processes, businesses or machinery.

Furthermore, the State Government may also select additional Inspectors in the stated local limits through the Official Gazette.

3.  Factory Inspector- Powers- S.9

In the local limits assigned to him, an Inspector reserves the authority to:

1. Enter a factory with an assistant who is employed by the government or local/public officers or a professional.
2. Examine the plant, machines, articles or substances on the premises.

• Look into accidents or any life-threatening eventualities that have or could give rise to injuries on the body and or lead to disabilities. He reserves the right to question any individual considered helpful in reaching to the bottom of the findings.

1. Receive any register or document that he prescribes that is connected to the factory.
2. Take hold of copies of all registers, records and any other document and portion that he deems to be a necessity in any offense stated in the Act that has been committed.
3. Give the order that any occupiers of the factory premises should refrain from trespassing stated areas be it generally or particularly, for as long as it is required for the reasons of examination stated in clause (ii).

• Acquire samples, measurements, recordings, photos and any equipment or instrument he deems necessary for the execution of an examination as stated in clause (ii).
• Direct any article or substance in any place that seems to be the cause or has the possibility of causing harm to the safety or health of workers to be dismantled or take it through processes of testing with the permission to destroy it only if it is mandatory in accordance to this Act. He may also take the article or substance into custody for the required duration of time for the completion of the examination.

1. Make use of any other authority as may be given.

Any other rules that may be formed by the State Government hold the mentioned authorities of an Inspector subject to them.

4. Additional authorities of an Inspector

An Inspector also reserves the authority to:

1. Inquire for the medical examination of a suspected minor working in a factory (S. 75).
2. Collect samples of substances that are used and or are set to be used in a factory with the objective of determining whether the substance is harmful to the health of the factory workers.

5. Consequences of obstructing an Inspector S.95

Individuals who intentionally obstruct an Inspector in the execution of any authority given to him by the Act, or fails to give up any registers or documents as demanded by the inspector is liable to a punishment of up to 6 months imprisonment or a fine of up to 10,000 rupees or both.

6. Conclusion

Chief Inspectors have been given authority by the State Government to exercise power in factories regarding every aspect that he deems to be of safety purposes. They are appointed for local limits as the government finds best. They should not have any direct or indirect interest in what goes on in factories. The work of the factory inspector is to ensure that the Factories Act, 1948 is fully adhered to by owners of factories.