Appointment of Chief Facilitator and Facilitators and their powers.

§28

Summary

(1) The State Government may, by notification in the Official Gazette, appoint a Chief Facilitator who shall, in addition to the powers conferred on a Chief Facilitator under this Act, exercise the power of a Facilitator throughout the State. (2) The State Government may, by notification in the Official Gazette, appoint such persons who possess such qualification as may be prescribed, to be the Facilitator or Facilitators, for the purposes of this Act, and may assign to them such local limits as it may think fit. (3) The State Government may prescribe a scheme for randomize inspection of establishments which shall provide for generation of a web-based inspection schedule. (4) Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for which he is appointed- (i) advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively ; (ii) inspect the establishment in accordance with the scheme for inspection referred to in sub-section (3), and may- (a) enter, at all reasonable time and with such assistants, if any, being persons in the service of the Government or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out the purposes of this Act; (c) examine any person who is found in any premises of the establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the establishment; (d) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons; (e) search, seize or take copies of such register, record of wages or notices or portions thereof as the Facilitator may consider relevant in respect of an offence under this Act and which the Facilitator has reason to believe has been committed by the employer; (f) bring to the notice of the State Government defects or abuses not covered by the law for the time being in force; and (g) 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. (5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator control and supervise the functioning to the Facilitator and may assign or reassign the area of work of the Facilitator subject to the jurisdiction of the local area. (6) Any person required to produce any document or to give any information required by Chief Facilitator and Facilitator appointed under sub-sections (1) and (2) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860). (7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to the search or seizure under sub-clause (e) of clause (ii) of sub-section (4) as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code. (8) Every Chief Facilitator and Facilitators appointed under sub-sections (1) and (2) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(1) The State Government may, by notification in the Official Gazette, appoint a Chief Facilitator who shall, in addition to the powers conferred on a Chief Facilitator under this Act, exercise the power of a Facilitator throughout the State. (2) The State Government may, by notification in the Official Gazette, appoint such persons who possess such qualification as may be prescribed, to be the Facilitator or Facilitators, for the purposes of this Act, and may assign to them such local limits as it may think fit. (3) The State Government may prescribe a scheme for randomize inspection of establishments which shall provide for generation of a web-based inspection schedule. (4) Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for which he is appointed- (i) advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively ; (ii) inspect the establishment in accordance with the scheme for inspection referred to in sub-section (3), and may- (a) enter, at all reasonable time and with such assistants, if any, being persons in the service of the Government or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out the purposes of this Act; (c) examine any person who is found in any premises of the establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the establishment; (d) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons; (e) search, seize or take copies of such register, record of wages or notices or portions thereof as the Facilitator may consider relevant in respect of an offence under this Act and which the Facilitator has reason to believe has been committed by the employer; (f) bring to the notice of the State Government defects or abuses not covered by the law for the time being in force; and (g) 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. (5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator control and supervise the functioning to the Facilitator and may assign or reassign the area of work of the Facilitator subject to the jurisdiction of the local area. (6) Any person required to produce any document or to give any information required by Chief Facilitator and Facilitator appointed under sub-sections (1) and (2) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860). (7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to the search or seizure under sub-clause (e) of clause (ii) of sub-section (4) as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code. (8) Every Chief Facilitator and Facilitators appointed under sub-sections (1) and (2) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

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