Powers of Inspectors

Section 9 of the Factories Act, 1948 deals with powers of Inspectors. Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,- 1.

Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,- 1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976). 2. Subs. by s. 6, ibid. (w.e.f. 26-10-1976).

(a) enter, with such assistants, being persons in the service of the Government, or any local or other public authority, 1*[or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; 1[(b) make examination of the premises, plant, machinery, article or substance;

(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry;

(d) require the production of any prescribed register or any other document relating to the factory;

(e) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed;

(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left disturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause(b);

(g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment;

(h) in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to the dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination;

(i) exercise such other powers as may be prescribed.] Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.

Section 9, The Factories Act, 1948 (Act 63 of 1948).