Rule 47. Powers of Inspector-cum-Facilitator under Clause (e) of sub-section (6) of Section 51

Inspector-cum-Facilitator appointed under sub-section (1) of Section 51 shall exercise the following powers:–

(a) enter, at all reasonable hours, with such assistants (if any) being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers whether unskilled occupation, skilled occupation, semi-skilled, occupation, and highly skilled occupation in respect of which minimum rates of wages have been fixed under this Code, for the purpose of examining any register, records of wages or notices, required to be kept or exhibited by or under this Code or rules made there under, and require the production thereof for inspection;

(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein and require any person giving out-work and out-workers, to give any information, which is his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received and with respect to the payments to be made for the work;

(c) seize or take copies of such register, record of wages or notices or portions thereof, as he may consider relevant in respect of an offence under this Code, which he has reason to believe, has been committed by an employer;

(d) supervise the payment of wages to persons employed in any factory or industrial or any other establishment;

(e) to prosecute, conduct or defend before a Court or competent Authority, any complaint or other proceeding arising under the Code or in discharge of his duties as an Inspector-cum-Facilitator and secure such evidence, as may be necessary for the purpose;

(f) upon complaint received from an employee or worker or a registered trade union related to the establishment, regardless of the fact, whether an inspection scheme stands formulated as per sub-section (2) of Section 51, the Inspector-cum-Facilitator shall be required to undertake complete inspection of the establishment(s) and make as many visit to the establishment(s) as may be necessary, with the prior written approval of Labour Commissioner Uttar Pradesh:

Provided that, inspection shall be done with the prior approval of regional Additional/Deputy Labour Commissioner and ex-facto approval shall be obtained from Labour Commissioner, Uttar Pradesh within 72 hours of such inspection, in case if complaint is received through any Commission established under law (e.g. National Human Rights Commission, State Human Rights Commission, National Commission for Protection of Child Rights, State Commission for Protection of Child Rights etc.) or the compliant is related to issues regarding employment of child labour and/or bonded labour or if the Inspector-cum-Facilitator is informed by any means that any fatal accident has occurred in the establishment.

(g) Every Inspector-cum-Facilitator shall be deemed to be a public servant within the meaning of the Bharatiya Nyaya Sanhita, 2023 (Act no. 45 of 2023).

(h) Any person required to produce any document or thing or to give any information to an Inspector-cum-Facilitator under sub-rule (a) to (e) shall be deemed to be legally bound to do so within the meaning of Section 210 and Section 211 of the Bharatiya Nyaya Sanhita, 2023 (Act no. 45 of 2023).