Section 122: Appointment of Inspector-cum-Facilitators and their powers

Finin2min analysis — what the section actually does

Full statutory text — Section 122

122. Appointment of Inspector-cum- Facilitators and their powers.—(1) The Central Government

for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters,

and the appropriate Government for the purposes of other provisions of this Code, may, by notification,

appoint Inspectorcum-Facilitators who shall discharge his duties under this Code and exercise the powers

conferred on them under sub-section (6) in accordance with the inspection scheme referred to in

sub-section (2).

     (2) The Central Government for the purposes of Chapter III and Chapter IV and for the provisions in

this Code relating to those Chapters and the appropriate Government in respect of other provisions of this

Code, may, by notification, lay down an inspection scheme which may provide for generation of a web-

based inspection and calling of information relating to the inspection under this Code electronically and

such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections

and calling for information from the establishment or any other person.

     (3) Without prejudice to the provisions of sub-section (2), the Central Government for the purposes of

Chapter III and Chapter IV and the other provisions in this Code relating to those Chapters and the

appropriate Government in relation to other provisions of this Code, may, by notification, confer such

jurisdiction of randomised selection of inspection for the purposes of this Code, to the Inspector-cum-

Facilitators as may be specified in such notification.

    (4) Without prejudice to the powers of the Central Government or the appropriate Government, as the

case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the

following factors, namely:—

         (a) assignment of unique number to each establishment (which will be same as the registration

    number allotted to that establishment), each Inspector-cum-Facilitator and each inspection in such

    manner as may be notified for the purposes of Chapter III and Chapter IV and the other provisions of

    this Code relating to those Chapters, by the Central Government, and in respect of other provisions of

    this Code, by the appropriate Government;

         (b) timely uploading of inspection reports in such manner and subject to such conditions as may be

    notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating

    to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the

    appropriate Government;

        (c) provisions for special inspections based on such parameters as may be notified, for the purposes

    of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the

    Central Government, and in respect of other provisions of this Code, by the appropriate Government;

    and



        (d) the characteristics of employment relationships, the nature of work and characteristics of the

    workplaces based on such parameters as may be notified, for the purposes of Chapter III and Chapter

    IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in

    respect of other provisions of this Code, by the appropriate Government.

    (5) The Inspector-cum-Facilitator may—

          (a) advice the employers and employees relating to compliance with the provisions of this Code;

    and

          (b) inspect the establishments as assigned to him under the provisions of this Code,

subject to the instructions or guidelines issued by the appropriate Government from time to time.

    (6) Subject to the provisions of sub-section (4), the Inspector-cum-Facilitator may,—

       (a) examine any person who is found in any premises of the establishment, whom the Inspector-

    cum-Facilitator has reasonable cause to believe, is an employee of the establishment;

       (b) require any person whom the Inspector-cum-Facilitator has reasonable cause to believe, is an

    employer of the establishment, to produce any document or to give any information, which is in his

    power with respect to any of the purposes for which the inspection is made;

         (c) search, seize or take copies of such register, record of wages or notices or portions thereof as

    the Inspector-cum-Facilitator may consider relevant in respect of an offence under this Code and which

    the Inspector-cum-Facilitator has reason to believe has been committed by the employer;

         (d) bring to the notice of the appropriate Government defects or abuses not covered by any law for

    the time being in force; and

          (e) exercise such other powers as may be prescribed by the appropriate Government.

   (7) Any person required to produce any document or to give any information required by an Inspector-

cum-Facilitator for the purposes of sub-section (6) 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).

     (8) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply

to the search or seizure for the purposes of sub-section (6), as they apply to the 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 — (1) The Central Government for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters, and the appropriate Government for the purposes of other provisions of this Code, may, by notification, appoint Inspectorcum-Facilitators who shall discharge his duties under this Code and exercise the powers conferred on them under sub-section (6) in accordance with the…
2. Additional operative limb — (2) The Central Government for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters and the appropriate Government in respect of other provisions of this Code, may, by notification, lay down an inspection scheme which may provide for generation of a web- based inspection and calling of information relating to the inspection under this Code electronically and…
3. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Appropriate Government, Central Government, Inspector-cum-Facilitator, Authority / officer.

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 122

Source & verification trail