Name: Arpit Sanjay Shukla

Roll No: 09
PRN: 2017033800065874
4th Year B.A.LL.B (Hons.)
Subject: Labour Law- II
Topic: Factories Act, 1948, Inspecting Staff
 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 officer

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.

Section 9: Power of Factory Inspector:

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.
3. 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.
4. Receive any register or document that he prescribes that is connected to the factory.
5. 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.
6. 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.
7. 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.

Additional Power of the 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 the Inspector:

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.