ASSIGNMENT

Twinkal chakradhari

MBA (4THSEM)

ENROLLMENTNO.–MS18MS501269

Q:-Functions of Inspector in respect of Indian Factory Act 1948 ?

 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.

 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.

 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, 4[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;

28[(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 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.

 Additional authorities of an Inspector

An Inspector also reserves the authority to:

Inquire for the medical examination of a suspected minor working in a factory (S. 75).

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.

 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.

 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.