Section – 34. Appointment of InspectorcumFacilitators.
(1) The appropriate Government may, by notification, appoint Inspector-cum-Facilitators for the purposes of this Code, who shall exercise the powers conferred on them within their respective jurisdictions as specified in the notification.
(2) The Inspector-cum-Facilitators appointed under sub-section (1) shall, in addition to other duties under this Code, conduct inspections as specified in sub-section (3).
(3) The appropriate Government may—
(i) by notification, lay down an inspection scheme for conducting inspections, which may include web-based inspections and electronic submission of information. The scheme may also provide for special circumstances requiring physical inspections or additional information from establishments or persons; and
(ii) provide, under such scheme, for randomised selection of establishments and Inspector-cum-Facilitators for inspection.
(4) The inspection scheme under sub-section (3) may, among other things, include—
(a) assignment of a unique number to each establishment (same as the registration number under section 3), to each Inspector-cum-Facilitator, and to each inspection;
(b) timely uploading of inspection reports as per prescribed conditions;
(c) provisions for special inspections based on notified parameters; and
(d) consideration of employment characteristics, nature of work, and workplace conditions.
(5) The appropriate Government may, by notification, appoint persons with prescribed qualifications and experience as Chief Inspector-cum-Facilitator for specified establishments or areas:
Provided that such Chief Inspector-cum-Facilitator may be appointed for one State, multiple States, or the entire country.
(6) The appropriate Government may appoint Additional Chief Inspector-cum-Facilitators, Joint Chief Inspector-cum-Facilitators, Deputy Chief Inspector-cum-Facilitators or other officers to exercise specified powers of the Chief Inspector-cum-Facilitator within their jurisdiction.
(7) Such officers shall, in addition to their designated powers, also exercise the powers of an Inspector-cum-Facilitator within the specified local limits.
(8) No person shall be appointed or continue in office under this section if he has any direct or indirect interest in any workplace, process, business, plant or machinery connected with such workplace.
(9) The appropriate Government may also appoint public officers as Inspector-cum-Facilitators, in addition to existing ones, to exercise powers and perform duties under this Code within specified local limits.
(10) Without prejudice to other functions under this Code, an Inspector-cum-Facilitator may, in respect of any establishment or class of establishments within his jurisdiction, be authorised by the Chief Inspector-cum-Facilitator, with the approval of the appropriate Government and subject to such conditions as may be specified in writing, to exercise such powers of the Chief Inspector-cum-Facilitator as may be mentioned in the order:
Provided that the Chief Inspector-cum-Facilitator, with the approval of the appropriate Government, may by written order prohibit any Inspector-cum-Facilitator or class of Inspector-cum-Facilitators from exercising any such powers.
(11) Every Chief Inspector-cum-Facilitator, Additional Chief Inspector-cum-Facilitator, Joint Chief Inspector-cum-Facilitator, Deputy Chief Inspector-cum-Facilitator, Inspector-cum-Facilitator and any other officer appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and shall be subordinate to such authority as specified by the appropriate Government.