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Payment of Wages Act,1936

Act No : 4


Section : INSPECTORSHIP

SECTION 14: INSPECTORSHIP

(1) An Inspector of Factories appointed under 4[Sub-section (1) of Section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.

(2) The 5[State Government] may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a Railway (otherwise than in a factory) to whom this Act applies.

(3) The 6[State] Government may by notification in the 7[official Gazette],
appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits, within which and the class of factories and 8[industrial or other establishments] in respect of which they shall exercise their functions.

9[(4) An Inspector may,

(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made there under are being observed;

(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or 10[industrial or other establishment] at any reasonable time for the purpose of carrying out the objects of this Act;

(c) supervise the, payment of wages to persons employed upon any railway or in any factory or 11[industrial or other establishment];

(d) required by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act;

(e) seize or take copies of such registers or documents of portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;

(f) exercise such other powers as may be prescribed:

Provided that no person shall, be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.

(4-A) The provisions of the 12[Code of Criminal Procedure, 1973] (2 of 1974), shall, so far as may be, apply to any search or seizure under this sub-section as they apply to any search or seizure made under the authority of a warrant issued under 13[Section 94 of the said Code.]

(5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

Footnotes:

1. Ins. by Ordinance No. III of 1940, S.3

2. These word was subs. for the word "Provincial", by the A.O. of 1950

3. Ins. by Act No.53 of 1964, S.1O (w.e.f. 1.2.1965)

4. Subs by Act No.68 of 1957, S.6 (w.e.f. 1.4.1958)

5. These words were subs. for the words "Governor General in Council", by the A.O. 1937

6. These word was subs. for the word "Provincial", by the A.O. of 1950

7. These word were subs. for the words "Local Official Gazette", by the A.O. 1937

8. Subs. by Act No.38 of 1982, S.9 (w.e.f. 15.10.1982).

9. Subs. by Act No.53 of 1964, S. II (w.e.f. 1.2.1965)

10 Subs. by Act 38 of 1982 S.9(b) (w.e.f. 15.10.1982)

11 Subs. by Act 38 of 1982 S.9(b) (w.e.f. 15.10.1982)

12 Subs. by Act 38 of 1982, S.9(c) (w.e.f. 15.10.1982)

13 Ins. by Act 53 of 1964, S. 1 2.



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