35. (1) Subject to any rules made in this behalf, an Inspector-cum-Facilitator, within
the local limits of his jurisdiction may,—
(i) enter, with such assistance of persons, being persons in the service of the
Government, or any local or other public authority, or with an expert, as he thinks fit,
any place which is used, or which he has reason to believe, is used as a workplace;
(ii) inspect and examine the mine, premises, plant, machinery, article or any other
relevant material;
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(iii) inquire into any accident or dangerous occurrence, whether resulting in
bodily injury, disability or death or not and take on the spot or otherwise statement of
any person which he may consider necessary for such inquiry;
(iv) in respect of a plantation and subject to any rules made by the State
Government in this behalf, within his jurisdiction, examine the crops grown in any
plantation or any worker employed therein or require the production of any register or
other document maintained in pursuance of this Code, and take on the spot or otherwise
statement of any person which he may consider necessary for carrying out the
purposes of this Code relating to plantation;
(v) supply information and sensitises the employers and workers regarding the
provisions of this Code and compliance thereof;
(vi) require the production of any register or any other document relating to the
workplace or work activity;
(vii) search or 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
Code, which he has reason to believe, has been committed;
(viii) direct the concerned occupier or employer that any premises or any part
thereof, or anything lying therein, shall be left undisturbed (whether generally or in
particular respects) for so long as is necessary for the purpose of any inspection or
inquiry;
(ix) take measurements, photographs and videographs and make such recordings
as he considers necessary for the purpose of any examination or inquiry;
(x) take samples of any articles or substances found in any premises into which
he has power to enter and of the air of the atmosphere in or in the vicinity of any such
premises in such manner as may be prescribed by the appropriate Government;
(xi) direct the employer to—
(a) dismantle any arcticle or substance; or
(b) subject such article or substance 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 any provision of this Code);
if such article or substance is found in any premises, being an article or substance
which appears to the Inspector-cum-Facilitator as having caused or is likely to
cause danger to the health and safety of employees, and take possession of
such article or substance or a part thereof and detain it for so long as is necessary
for such examination, as required;
(xii) issue show cause notice relating to safety, health and welfare provisions
arising under this Code, rules, regulations and bye-laws made thereunder;
(xiii) prosecute, conduct or defend before any court any complaint or other
proceeding arising under this Code, the rules and regulations made thereunder; and
(xiv) exercise such other powers and perform such other duties as may be
prescribed by the appropriate Government.
(2) Any person required to produce any document or to give any information required
by an Inspector-cum-Facilitator under sub-section (1) shall be deemed to be legally bound
to do so within the meaning of section 175 and section 176 of the Indian Penal Code.
(3) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be,
apply to such search or seizure under sub-section (1) as they apply to any search or seizure
made under the authority of a warrant issued under section 94 of that Code.