Inspector-cum-Facilitator and Other Authorities — Labour Law II Notes

Inspector-cum-Facilitator and Other Authorities

The old “Inspector” arrived to catch you out and prosecute. The OSH Code renames him the Inspector-cum-Facilitator — and the new name is the new philosophy: advise first, enforce second.

The enforcement-and-advice officer (Sections 34–36)

Appointment (Section 34) — the appropriate Government appoints Inspector-cum-Facilitators, defines their local limits, and may appoint a Chief Inspector-cum-Facilitator. Inspections may follow a web-based, randomised scheme to reduce arbitrariness.
Dual role — as a facilitator he advises employers and workers on compliance; as an inspector he enforces the Code.
Powers (Section 35) — to enter and inspect any establishment at any reasonable time, examine premises, plant, registers and records, take statements, inquire into accidents, seize or take copies of documents, and direct compliance/prohibition where there is danger.
Other authorities — safety officers, medical officers and, for special categories, licensing and registering officers support the scheme.

Section 35, OSH Code 2020 (in brief): an Inspector-cum-Facilitator may “enter … any place which is used … as an establishment”, “examine the premises, plant, machinery, … and any … register, record …”, and “inquire into any accident or dangerous occurrence”.

In Simple Terms: One officer both helps you comply and checks that you do. He can walk in, inspect the plant and records, question people, investigate accidents and order dangers fixed.

🧩 WORKED EXAMPLE — inspecting after an accident

Facts. A serious accident occurs; the Inspector-cum-Facilitator visits the factory.

Rule. He may enter and inspect, examine records, take statements and inquire into the accident (s.35), and direct remedial measures.

Apply. He inspects the machine, examines the accident register and maintenance records, records statements, and directs the dangerous part to be fenced.

Conclusion. The officer’s inspection and directions are lawful; the employer must comply, and may face penalty if in breach.

flowchart TD
    ROOT["Inspector-cum-Facilitator (ss.34-36)"]:::root
    ROOT --> APP["Appointed by appropriate Govt; web-based inspections"]:::leaf
    ROOT --> FAC["Facilitator: advises on compliance"]:::leaf
    ROOT --> INS["Inspector: enter, examine records, inquire into accidents, seize, direct"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

J.K. Industries v Chief Inspector of Factories (1996) — the person in ultimate control (occupier) is answerable to the inspecting authority for compliance.

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All Labour Law II topics