Section – 38. Special powers of InspectorcumFacilitator in respect of factory, mines, dock work and building or other construction work.
(1) Without prejudice to other powers under this Code, an Inspector-cum-Facilitator shall have the following special powers—
(A) In respect of factories:
(a) If conditions in a factory or any part thereof are likely to cause serious hazard or imminent danger to workers or the public, the Inspector-cum-Facilitator may, by written order, direct the occupier to stop employing persons except the minimum required until the hazard is removed;
(b) such order shall remain in force for three days unless extended by the Chief Inspector-cum-Facilitator;
(c) any person aggrieved by such order may appeal to the High Court;
(d) workers affected by such order shall be entitled to wages and benefits, and the occupier shall provide alternative employment wherever possible, without prejudice to rights under the Industrial Disputes Act, 1947;
(B) In respect of mines:
(a) Where any condition, practice, or matter in a mine is found dangerous or defective, the Inspector-cum-Facilitator may issue a written notice to the employer specifying the defect and requiring it to be remedied within a specified time;
(b) if the employer fails to comply, the Inspector-cum-Facilitator may prohibit employment in the mine or part thereof except for essential personnel required for compliance;
(c) the Inspector-cum-Facilitator may prohibit extraction or reduction of mineral pillars or blocks if such activity may cause collapse, fire, flooding, or endanger life or safety;
(d) in case of urgent and immediate danger, the Inspector-cum-Facilitator may prohibit employment in the mine or part thereof until the danger is removed;
(e) workers whose employment is prohibited under sub-clauses (b) or (d) shall be entitled to full wages for the period of such prohibition, and the employer shall be liable to pay such wages:
Provided that the employer may provide alternative employment at the same wages instead of paying full wages.
(f) Where a notice is issued under sub-clause (a) or an order is made under sub-clause (b), (c) or (d) by an Inspector-cum-Facilitator, the employer of the mine may, within ten days of receiving such notice or order, appeal to the Chief Inspector-cum-Facilitator, who may confirm, modify or cancel it;
(g) The Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator issuing such notice or order, and the Chief Inspector-cum-Facilitator deciding an appeal (except cancellation), shall promptly report the same to the Central Government;
(h) If the employer objects to any such notice or order, he may, within twenty days of receipt or appeal decision, submit a written objection to the Central Government, which shall ordinarily decide the matter within one month;
(i) Pending such objection, the notice or order shall be complied with, unless the Central Government suspends its operation upon application by the employer;
(j) Nothing in this section affects the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1973;
(k) Where the employer fails to comply with safety provisions expressly provided under this Code, the Chief Inspector-cum-Facilitator may issue a written notice requiring compliance within a specified or extended period;
(l) If the employer fails to comply within such period, the Chief Inspector-cum-Facilitator may prohibit employment in the mine or part thereof, except for essential personnel required to secure compliance;
(m) Workers whose employment is prohibited under sub-clause (l) shall be entitled to full wages for the period of such prohibition, payable by the owner, agent or manager:
Provided that the employer may provide alternative employment at the same wages instead of paying full wages.
(n) The provisions of sub-clauses (g), (h) and (i) shall apply to a notice issued under sub-clause (k) or an order made under sub-clause (l) in the same manner as they apply to a notice or order under sub-clause (b);
(o) The Chief Inspector-cum-Facilitator may, for reasons 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 mines;
(p) No order prejudicial to the owner, agent or manager of a mine shall be passed without giving such person a reasonable opportunity of being heard;
(q) The Central Government may reverse or modify any order passed by the Chief Inspector-cum-Facilitator under this Code or under any regulation, rule or bye-law in relation to mines;
(C) Special powers in respect of dock work:
(a) If any place where dock work is carried out is found to be dangerous to the life, safety or health of workers, the Inspector-cum-Facilitator may, by written order, prohibit such work until the danger is removed;
(b) A copy of such order shall be sent to the Chief Inspector-cum-Facilitator, who may modify or cancel it;
(c) Any aggrieved person may appeal within fifteen days to the Chief Inspector-cum-Facilitator or, if the order is passed by him, to the Central Government, which shall dispose of the appeal within sixty days after giving an opportunity of being heard:
Provided that delayed appeals may be entertained if sufficient cause is shown:
Provided further that the order shall be complied with pending the decision of the appeal.
(2) Without prejudice to other powers under this Code—
(a) If any building or construction site is found to be dangerous to workers or the public, the Inspector-cum-Facilitator may issue a written order prohibiting work until the danger is removed;
(b) A copy of such order shall be sent to the Chief Inspector-cum-Facilitator;
(c) The employer shall comply with such prohibition order immediately.
(3) Any person aggrieved by an order under clause (a) of sub-section (2) may, within fifteen days from the date of communication of such order, prefer an appeal to the Chief Inspector-cum-Facilitator or, where the order is passed by the Chief Inspector-cum-Facilitator, to the appropriate Government. The appellate authority 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 an appeal after the expiry of the fifteen-day period if satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:
Provided further that the order under clause (a) of sub-section (2) shall be complied with pending the decision of the Chief Inspector-cum-Facilitator or the appropriate Government, as the case may be.