Section 35: Powers of Inspector-cum-Facilitators

Finin2min analysis — what the section actually does

Full statutory text — Section 35

35. Powers of Inspector-cum-Facilitators.—(1) Subject to any rules made in this behalf, an
Inspector-cum-Facilitator may—
      (i) enter, with such assistance of persons, being persons in the service of the Government, or any
   local or other public authority, or with an expert, as he thinks fit, any place which is used, or which he
   has reason to believe, is used as a work place;
       (ii) inspect and examine the establishment, any premises, plant, machinery, article, or any other
   relevant material;
      (iii) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability
   or death or not and take on the spot or otherwise statement of any person which he may consider
   necessary for such inquiry;
       (iv) subject to any rules made by the State Government in this behalf, within his jurisdiction,
   examine the crops grown in any plantation or any worker employed therein or require the production
   of any register or other document maintained in pursuance of this Code, and take on the spot or
   otherwise statement of any person which he may consider necessary for carrying out the purposes of
   this Code relating to plantation;
     (v) supply information and sensitise the employers and workers regarding the provisions of this
   Code and compliance thereof;
      (vi) require the production of any register or any other document relating to the workplace or work
   activity;
       (vii) search or 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 Code, which he has reason
   to believe, has been committed;
      (viii) direct the concerned occupier or employer 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 inspection or inquiry;
      (ix) take measurements, photographs and videographs and make such recordings as he considers
   necessary for the purpose of any examination or inquiry;
      (x) take samples of any articles or substances found in any establishment or premises into which he
   has power to enter and of the air of the atmosphere in or in the vicinity of any such establishment or
   premises in such manner as may be prescribed by the appropriate Government;
       (xi) in case of any article or substance found in any establishment or premises, being an article or
   substance which appears to him as having caused or is likely to cause danger to the health and safety
   of the employees, 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 any
   provision of this Code) 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;
     (xii) issue show cause notice relating to safety, health and welfare provisions arising under this
   Code, rules, regulations and bye-laws made thereunder;
      (xiii) prosecute, conduct or defend before any court any complaint or other proceeding arising
   under this Code, the rules and regulations made thereunder; and
      (xiv) exercise such other powers and perform such other duties as may be prescribed by the
   appropriate Government.
   (2) Any person required to produce any document or to give any information required by an Inspector-
cum-Facilitator under sub-section (1) shall be deemed to be legally bound to do so within the meaning of
section 175 and section 176 of the Indian Penal Code (45 of 1860).

   (3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply
to such search or seizure under sub-section (1) as they apply to any search or seizure made under the
authority of a warrant issued under section 94 of the said Code.

How to apply this provision

1. Primary statutory test — (iii) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or death or not and take on the spot or otherwise statement of any person which he may consider necessary for such inquiry;
2. Additional operative limb — (iv) subject to any rules made by the State Government in this behalf, within his jurisdiction, examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Code, and take on the spot or otherwise statement of any person which he may consider necessary for carrying out the purposes of this Code relating to…
3. Central Rule mapping — 77, 78. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
4. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Appropriate Government, State Government, Inspector-cum-Facilitator.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 35

Source & verification trail