38. (1) Without prejudice to the other powers of  the Chief  Inspector-cum-Facilitator
or Inspector-cum-Facilitator in this Code, the Chief Inspector-cum-Facilitator or the Inspector-
cum-Facilitator,—
(A) in respect of a factory shall have the following special powers, namely:—
(a) where it appears to the Inspector-cum-Facilitator that conditions in a
factory or part thereof are such that they may cause serious hazard or imminent
danger by way of injury or death to the persons employed therein or to the
general public in the vicinity, he may, by order in writing to the occupier of the
factory, state the particulars in respect of which he considers the factory or part
thereof to be the cause of such serious hazard or imminent danger and prohibit
such occupier from employing any person in the factory or any part thereof
other than the minimum number of persons necessary to attend to the minimum
tasks till the hazard or danger is removed;
(b) any order issued by the Inspector-cum-Facilitator under sub-clause (a)
shall have effect for a period of three days until extended by the Chief Inspector-
cum-Facilitator by a subsequent order;
(c) any person aggrieved by an order of the Inspector-cum-Facilitator
under sub-clause (a), and the Chief Inspector-cum-Facilitator under
sub-clause (b), shall have the right to appeal to the High Court;
(d) any person whose employment has been affected by an order issued
under sub-clause (a), shall, without prejudice to the rights of the parties under
the Industrial Disputes Act, 1947, be entitled to wages and other benefits and it
shall be the duty of the occupier to provide alternative employment to him
wherever possible in such manner as may be prescribed by the appropriate
Government;
(B) in respect of mines shall have the following special powers, namely:—
(a) if, in respect of any matter for which no express provision is made by
or under this Code, it appears to the Chief Inspector-cum-Facilitator or an
Inspector-cum-Facilitator that any mine or part thereof or any matter, thing or
practice in or connected with the mine, or with the control, supervision,
management or direction thereof, is dangerous to human life or safety or is
defective so as to threaten or tend to cause, the bodily injury of any person, he
may give notice in writing thereof to the employer of the mine stating therein the
particulars in respect of which he considers the mine or part thereof or the
matter, thing or practice to be dangerous or defective and require the same to be
remedied within such time and in such manner as he may specify in the notice;
(b) where the employer of a mine fails to comply with the terms of a notice
given under sub-clause (a) within the period specified therein, the Chief
Inspector-cum-Facilitator or the Inspector-cum-Facilitator may, by order in
writing, prohibit the employment in or about the mine or any part thereof of any
person whose employment is not in his opinion reasonably necessary for securing
compliance with the terms of the notice;
(c) without prejudice to the provisions contained in sub-clause (a), the
Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator may, by order
Third party
audit and
certification.
Special
powers of
the Chief
Inspector-
cum-
Facilitator or
Inspector-
cum-
Facilitator in
respect of
factory,
mines and
dock work
and building
and other
construction
work.
14 of 1947.
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in writing addressed to the employer of a mine, prohibit the extraction or reduction
of pillars or blocks of minerals in any mine or part thereof, if, in his opinion, such
operation is likely to cause the crushing of pillars or blocks of minerals or the
premature collapse of any part of the workings or otherwise endanger the mine
or the life or safety of persons employed therein or if, in his opinion, adequate
provision against the outbreak of fire or flooding has not been made by providing
for the sealing off and isolation of the part of the mine in which such operation
is contemplated and for restricting the area that might be affected by fire or
flooding;
(d) if  the Inspector-cum-Facilitator authorised, by general or special order
in writing by the Chief Inspector-cum-Facilitator, is of opinion that there is
urgent and immediate danger to the life or safety of any person employed in any
mine or part thereof, he may, by order in writing containing a statement of the
grounds of his opinion, prohibit until he is satisfied that the danger is removed,
the employment in or about the mine or any part thereof of any person whose
employment is not in his opinion reasonably necessary for the purpose of
removing the danger;
(e) every person whose employment is prohibited under sub-clause (b) or
sub-clause (d) shall be entitled to payment of full wages for the period for which
he would have been, but for the prohibition in employment and the employer
shall be liable for payment of such full wages of that person:
Provided that the employer may instead of paying such full wages provide
such person with an alternative employment at the same wages which such
person was receiving in the employment which was prohibited;
(f) where a notice has been given under sub-clause (a) or an order made
under sub-clause (b) or  sub-clause (c) or sub-clause (d) by an Inspector-cum-
Facilitator, employer of the mine may, within ten days after the receipt of the
notice or order, as the case may be, appeal against the same to the Chief
Inspector-cum-Facilitator who may confirm, modify or cancel the notice or order;
(g) the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator
sending a notice under sub-clause (a) or making an order under sub-clause (b)
or sub-clause (c) or sub-clause (d) and the Chief Inspector-cum-Facilitator making
an order (other than an order of cancellation in appeal) under sub-clause (f) shall
forthwith report the same to the Central Government;
(h) if  the employer of the mine objects to a notice sent under sub-clause (a)
by the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator or to an
order made by the Chief Inspector-cum-Facilitator or the Inspector-cum-
Facilitator under sub-clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (f),
he may, within twenty days after the receipt of the notice containing the
requisition or of the order or after the date of the decision on appeal, as the case
may be, send his objection in writing stating the grounds thereof to the Central
Government which shall, ordinarily within a period of two months from the date
of receipt of the objection, decide the matter.
(i) every notice under sub-clause (a), or order under sub-clause (b) or
sub-clause (c) or sub-clause (d) or sub-clause (f), to which objection is made
under sub-clause (h), shall be complied with, pending with the conserned Chief
Inspector-cum-Facilitators or Inspector-cum-Facilitators of  the mine for the
decision of the Central Government:
Provided that the Central Government may, on the application of the
employer, suspend the operation of a notice under sub-clause (a), pending its
decision on the objection.
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(j) nothing in this section shall affect the powers of an Executive Magistrate
under section 144 of the Code of Criminal Procedure, 1973;
(k) where in respect of any matter relating to safety of mine for which
express provision is made by or under this Code, the employer of a mine fails to
comply with such provisions, the Chief Inspector-cum-Facilitator may give notice
in writing requiring the same to be complied with within such time as he may
specify in the notice or within such extended period of time as he may, from time
to time, specify thereafter;
(l) where the employer fails to comply with the terms of a notice given
under sub-clause (k) within the period specified in such notice or within the
extended period of time specified under that sub-clause, the Chief Inspector-
cum-Facilitator may, by order in writing, prohibit the employment in or about the
mine or any part thereof of any person whose employment is not, in his opinion,
reasonably necessary for securing compliance with the terms of the notice;
(m) every person whose employment is prohibited under sub-clause (l),
shall be entitled to payment of full wages for the period for which he would have
been, but for the prohibition, in employment, and the owner, agent or manager
shall be liable for payment of such full wages of that person:
Provided that the employer may, instead of paying such full wages, provide
such person with an alternative employment at the same wages which such
person was receiving in the employment which was prohibited under
sub-clause (l);
(n) the provisions of sub-clauses (g), (h) and (i) shall apply in relation to
a notice issued under sub-clause (k) or an order made under sub-clause (l) as
they apply in relation to a notice under sub-clause (a) or an order under
sub-clause (b);
(o) Chief Inspector-cum-Facilitator may, for reasons to be recorded in
writing, reverse or modify any order passed by him under this Code or under
any regulation, rule or bye-law made thereunder in relation to mine;
(p) no order prejudicial to the owner, agent or manager of a mine shall be
made under this section unless such owner, agent or manager has been given a
reasonable opportunity of making representation;
(q) the Central Government may reverse or modify any order passed by
Chief Inspector-cum-Facilitator under this Code in relation to mine.
(C) in respect of dock work shall have the following special powers, namely:—
(a) if it appears to an Inspector-cum-Facilitator that any place where any
dock work is being carried on is in such a condition that it is dangerous to life,
safety or health, of dock workers, he may, in writing, serve on the employer, an
order prohibiting any dock work in such place until measures have been taken
to remove the cause of the danger to his satisfaction;
(b) an Inspector-cum-Facilitator after serving an order under clause (a)
shall endorse a copy thereof to the Chief Inspector-cum-Facilitator who may
modify or cancel the order without waiting for an appeal;
(c) any person aggrieved by an order under clause (a) or clause (b) may,
within fifteen days from the date on which the order is communicated to him,
prefer an appeal to the Chief Inspector-cum-Facilitator or where such order is by
the Chief Inspector-cum-Facilitator, to the Central Government and the Chief
Inspector-cum-Facilitator or Central Government shall, after giving the appellant
an opportunity of being heard, dispose of the appeal within sixty days:
2 of 1974.
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Provided that the Chief Inspector-cum-Facilitator or the Central
Government may entertain the appeal after the expiry of the said period of fifteen
days, if it is satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time:
Provided further that an order under clause (a) shall be complied with,
pending the decision of the Chief Inspector-cum-Facilitator or Central
Government.
(2) Without prejudice to the other powers of an Inspector-cum-Facilitator elsewhere in
this Code,—
(a) if it appears to the Inspector-cum-Facilitator that any site or place at which
any building or other construction work is being carried on, is in such condition that
it is dangerous to life, safety or health of building workers or the general public, he
may, in writing serve on the employer of building workers or on the employer of the
establishment or on the person in charge of such site or place an order prohibiting any
building or other construction work at such site or place until measures have been
taken to remove the cause of the danger to his satisfaction;
(b) an Inspector-cum-Facilitator serving an order under clause (a) shall endorse
a copy to the Chief Inspector-cum-Facilitator;
(c) such prohibition order shall be complied with by the employer forthwith.
(3) Any person aggrieved by an order under clause (a) of sub-section (2), may, within
fifteen days from the date on which the order is communicated to him, may prefer an appeal
to the Chief Inspector-cum-Facilitator or where such order is by the Chief Inspector-cum-
Facilitator, to the appropriate Government and the Chief Inspector-cum-Facilitator or the
appropriate Government, as the case may be, shall, after giving the appellant an opportunity
of being heard, dispose of the appeal within sixty days:
Provided that the Chief Inspector-cum-Facilitator or the appropriate Government may,
entertain the appeal after the expiry of the said period of fifteen days if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time:
Provided further that the prohibition, shall be complied with, subject to the decision of
the Chief Inspector-cum-Facilitator or the appropriate Government.