Chapter
IX — Inspector-cum-Facilitator and other authority
Rule 78 — Powers and duties of Inspector-cum-Facilitator
Rule-by-rule operational analysis with Code, Form, evidence, authority and State-jurisdiction controls.
Rule identity
Part/sector
General
Control family
Regulatory authority and inspection control
Linked Code sections
Section 34, Section 35, Section 36, Section 37, Section 38, Section 39, Section 40, Section 41, Section 42
Forms
No direct Annexure VII form identified
Source review
2026-07-17
Rule-level operational analysis
The exact Gazette wording controls. The following map converts Rule 78 into an implementation sequence and highlights the records needed to demonstrate compliance.
- Requirement 1. Verify the officer’s jurisdiction, appointment and the statutory purpose of the visit, sample, survey or inquiry.
- Requirement 2. Nominate an authorised site contact while preserving worker access and non-retaliation rights.
- Requirement 3. Provide accurate documents and facilities; record items taken, samples sealed and statements made.
- Requirement 4. Assess improvement, prohibition or inquiry directions immediately and diarise appeal or compliance periods.
- Requirement 5. Close findings with evidence and preserve legal privilege over separate advice where appropriate.
Sub-rule review protocol
Who acts
Identify the employer, occupier, manager, contractor, worker, medical officer, Inspector-cum-Facilitator or other authority named in each sub-rule.
When
Record the triggering event and calculate every hour/day/month period from documentary evidence.
How
Use the portal, prescribed Form, written notice, examination, committee or technical control stated in the Rule.
Exception/proviso
Do not generalise an exception. Record why its facts and jurisdiction are satisfied.
Decision evidence
Keep the maker, reviewer, competent authority, date, acknowledgement and corrected version.
Later instrument
Check general/special orders, authority notifications, standards and State rules before reliance.
Code and Form concordance
Code section 34Appointment of Inspector-cum-FacilitatorsCode section 35Powers of Inspector-cum-FacilitatorsCode section 36Powers and duties of District MagistrateCode section 37Third party audit and certificationCode section 38Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction workCode section 39Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.Code section 40Facilities to be afforded to Inspector-cum-FacilitatorCode section 41Powers of special officer to enter, measure, etc., in relation to mineCode section 42Medical officer
Evidence and audit file
- authority/inspection notice
- visitor and document log
- sample seal/receipt
- statement and minutes
- direction/order
- appeal or closure evidence
Failure consequence and cure
Obstruction, concealment or non-compliance with a lawful direction can create separate penal exposure.
Where the Rule uses a portal, form or notified authority, a locally created substitute is not automatically equivalent. Cure should preserve the original due date and explain any late correction.
Worked implementation scenario
A covered establishment converts “Powers and duties of Inspector-cum-Facilitator” into a control with a named owner, trigger, deadline, prescribed evidence, reviewer and escalation path. A sample transaction is tested before the policy is treated as operational.
Rule-specific QA questions
Has the exact Gazette text been checked?
Yes for source structure and title; users must still read the complete Rule and sub-rules before applying it to facts.
Is this a State-rule page?
No. It covers the 2026 Central Rules. State-specific implementation belongs in a separately sourced State overlay.
Can another existing Finin2min article own this rule?
No. This URL is the canonical legal repository for Rule 78. Articles and hubs should link here without reproducing the full rule analysis.