Rule 39. Powers of Inspector-cum-facilitator

(1) Inspector-cum-Facilitator shall, after every inspection, as may be deemed necessary, issue prohibition or improvement notice with pointing out the non-compliance of provisions of safety, health and working conditions under the Code, rules and regulations framed thereunder, to the employer or contractor of the establishment.

(2) An Inspector-cum-Facilitator shall, at each inspection, ascettain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with. His findings and any shortcomings which may come to light during the inspection, together with any order passed by him under the Code, rules and regulations framed thereunder shall be recorded and maintained.

(3) An Inspector-cum-facilitator may at any time during normal working hours of a factories/Establishment/Building or Other Construction work after informing the Occupier or manager of the factory/Building or Other Construction work or other person for the lime being purporting to be in charge of the factory/Building or Other Construction work, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the factory/Building or Other Construction work such used being,-

(a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of the Code or the rules made thereunder, or

(b) in the opinion of the Inspector-cumn-Facilitator likely to cause bodily injury to, or injury to the health of employee in the factory/Building or Other Construction work.

(4) Where the Inspector-cum-facilitator takes a sample under sub-rule (3), he shall, in the presence of the person informed under that sub-section unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark there to.

(5) The person informed as aforesaid shall, if the Inspector-cum-facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this section.

(6) The Inspector-cum-facilitator shall-

(a) Forthwith give one portion of the sample to the person informed under sub-rule (1);

(b) Forthwith send the second portion to a Goverment Analyst or National Accreditation Board for Testing and Calibration Laboratories(NABL) for analysis and report there on;

(c) Retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(7) Any document purporting to be a report under the hand of any Government Analyst or NABL accredited laboratory upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance.

(8) Cessation of activities in absense of valid factory license.-

(a) During the inspection, if the occupier, owner or manager of a factory fails to submit the valid factory license the Inspector-cum-Facilitator for the Factories shall make an order in writting for cessation of activities of such factory: provided that the Inspector-cum-Facilitator shall give reasonable opportunity to the occupier, owner and manager of the factories to submit a valid factory license.

(b) The order of cessation of activities of such factory shall stand revoked on production of valid factory license by the occupier, owner and manager.

(9) Information required by the Inspector-cum-Facilitator. - The occupier, owner or manager of a factory shall furnish any information that an Inspectorcum-Faciitator may require for the purpose of satisfying himself whether any provision of the Code has been complied with or whether any order of an Inspector-cum-Facilitator has been duly carried out. Any demand by an Inspector-cum-Facilitator for any such information if made during the course of inspection, shall be complied forthwith if the infonnation is available in the factory or, if made in writing shall be complied with within seven days of receipt thereof.

(10) Maintenance of Inspection Book. - The manager of every factory shall maintain a bound Inspection Book in Form 43 of the (i) size 13 ½" x 8 ½" and shall produce it when so required by the Inspector-cum-Facilitator or Certifying Surgeon.

(ii) The Inspection Book shall contain at least 180 pages in duplicate, which contain, every second page thereof shall be consecutively numbered and he other one unnumbered pages between each tivo consecutively numbered page, shalt have a vertical perforated straight line on the margin side at a margin of 1".

(iii) In case the Inspection Book containing remarks passed by the Inspector-cum-Facilitator or medical officer (Certifying Surgeon) is lost, the manager of the factory shall forthwith report in writing the loss of the Inspection Book to the Inspector-cum-Facilitator -incharge of the areas and immediately maintain a new Inspection Book. The manager shall obtain as early as possible copies of all available remarks from the Inspector-cum-Facilitator Office concerned, on payment of nicessary charges. Safety of Buildings and Machinery. - 40.

(1) If itappears to the Inspector-cum-Facilitator that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or mahager or both of the factory an order in writing specifying the measures which in his opinion should be adopted and requiring them to be carried out before a specified date.

(2) If it appears to the Inspector-cum-Facilitator thal use of any building or part or of building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or satety, he may serve on the occupier or manager or both of the factory an order in writing prohibiting its use until it has been properly repaired or altered and after written permission from the Inspector-cum-Facilitator with prior approval of the Chief Inspector-cum-Facilitator. Maintenance of Building. - 41. If it appears to the inspector-cum-Facilitator that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.