Rule 126. Power to prohibit employment on account of serious hazard under clause (za) of sub-section (2) of Section 135

(1) Where it appears to the Inspector-cum-Facilitator that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed.

(2) Any order issued by the Inspector-cum-Facilitator under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector-cum-Facilitator by a subsequent order.

(3) Any person aggrieved by an order of the Inspector-cum-Facilitator under sub-section (1), and the Chief Inspector-cum-Facilitator under sub-section (2), shall have the right to appeal to the State Government.

(4) Any person whose employment has been affected by an order issued under sub-section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed.

(5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Relations Code, 2020.