NAME -SNEHI GUPTA

ENROLLMENT NI.-MS18MS501248

MBA 4TH SEMESTER

LL ASSIGNMENT

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.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, 1[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;

2[(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 .

Provided that no person shall be compelled under this section to answer any

question or give any evidence tending to incriminate himself.

10. Certifying surgeons.- (1) The 3[State] Government may

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.