Section – 39. Secrecy of information by Chief InspectorcumFacilitator or InspectorcumFacilitator, etc.
(1) All copies of, and extracts from, registers or other records relating to any establishment, and all information concerning any manufacturing or commercial business or working process obtained by the Chief Inspector-cum-Facilitator, an Inspector-cum-Facilitator, or any person assisting them during inspection or survey under this Code, or by any authorised officer under section 20, shall be treated as confidential. Such information shall not be disclosed, either during service or after leaving service, except where the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator considers such disclosure necessary for ensuring the health, safety or welfare of any person employed in the establishment.
(2) The provisions of sub-section (1) shall not apply to disclosure of such information to—
(a) any court;
(b) any Committee or Board constituted under this Code;
(c) an official superior or the employer of the concerned establishment;
(d) a Commissioner for Employees’ Compensation under the Employees’ Compensation Act, 1923;
(e) the Controller, Indian Bureau of Mines; and
(f) any officer, authority or person authorised by the appropriate Government.
(3) Notwithstanding anything contained in the Right to Information Act, 2005, no Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator shall disclose the source of any complaint regarding violation of this Code without the consent of the complainant. Further, during inspection based on such complaint, they shall not disclose to the employer or his representative that the inspection is being conducted pursuant to such complaint.