Rule 68. Powers of Inspector-cum-Facilitator under clause (xiv) of sub-section (1) of section 35

(1) An Inspector-cum-Facilitator shall, for the purposes of the execution of the Code and Rules, have power to do all or any of the things specified in section 35 of the Code:

Provided that the powers of the public officers, who are not appointed for the post of Inspector of Factories in the Uttar Pradesh Inspector of Boilers and Factories Service Rules, 1980 as amended time to time) as are appointed to Inspector-cum-Facilitator under section 34 or otherwise shall not carry out administration of the provisions of clause (b) of sub-section (1) of section 6, section 10, section 11, section18, section 22, section 26, section 31, sub-section (d) of section 33, section 37, section 43, Part VII of Chapter XI of the Code in factories and establishments relating to building or other construction work. Other provisions related to safety and health under the code and rules made thereunder In respect of establishments other than above, powers relating to health and safety may be exercised by the concerned inspector-cum- facilitator having regard to administrative feasibility, as may be determined by the State Government by order in writing.

(2) The Inspector-cum-Facilitator shall keep a file of the records of inspections, enquiries, orders and compliances thereof.

(3) The Inspector-cum-Facilitator may, as he deems necessary, issue prohibition order or improvement notice after inspection in the Form-20 pointing out the non-compliance of provisions of safety, health and working conditions under the Code, and rules and regulations framed thereunder, to the employer or occupier of the establishment:

Provided that after receiving such order or notice, the employer/ occupier shall ensure that the contraventions mentioned under the said order/ notice are complied with and he shall send a request to concerned Inspector-cum-Facilitator to verify the establishment:

Provided further that after receiving such request the Inspector-cum-Facilitator may, if he thinks to be appropriate, verify the establishment and if he finds that the contraventions observed by him in the aforesaid order or notice are not complied with, he shall start the process of compounding of such offence, if such violation is compoundable, or he shall send a report to a person one rank above the inspecting officer not below the rank of deputy labour commissioner or deputy director of factories or Chief Inspector- cum-Facilitator, as the case may be, for sanctioning the prosecution and upon receiving the approval of the prosecution, he shall launch the prosecution before Competent Court as per the provisions of the Code and the rules made thereunder.