Section 9 of the Factories Act 1948 - Powers of Inspectors
Section 9 of the Factories Act, 1948 sets out the statutory powers that a duly appointed Inspector may exercise within the local limits of his appointment, subject to rules made under the Act.
Meaning and scope of Section 9
An Inspector appointed under Section 8 of the Factories Act is an enforcement officer for the purposes of the Act. Section 9 authorises the Inspector, within the territorial limits assigned to him and subject to applicable rules, to enter factories, inspect premises and machinery, investigate accidents and dangerous occurrences, examine records, preserve evidence and take other prescribed measures needed for enforcement.
The expression "factory" is defined in Section 2(m) of the Factories Act, 1948. In general terms, it refers to premises, including the precincts thereof, where the statutory threshold of workers is met and a manufacturing process is carried on with or without the aid of power, subject to the inclusions and exclusions contained in the Act.
Section 9 - Powers of Inspectors
Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed:
(a) enter, with such assistants who are in the service of the Government or any local or other public authority, or with an expert as he thinks fit, any place used, or which he has reason to believe is used, as a factory;
(b) examine the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether or not it resulted in bodily injury or disability, and take statements of persons considered necessary for the inquiry;
(d) require production of any prescribed register or other document relating to the factory;
(e) seize, or take copies of, any register, record, document or part thereof considered necessary in respect of an offence under the Act which the Inspector has reason to believe has been committed;
(f) direct the occupier to leave any premises, part of the premises or anything lying therein undisturbed for as long as necessary for an examination under clause (b);
(g) take measurements and photographs and make recordings considered necessary for an examination under clause (b), using necessary instruments or equipment;
(h) where an article or substance appears to have caused, or is likely to cause, danger to workers' health or safety, direct that it be dismantled or subjected to a process or test, and take possession of and detain it or a part of it for as long as necessary for examination, subject to the statutory limitation on unnecessary damage or destruction; and
(i) exercise such other powers as may be prescribed.
Practical effect of the Inspector's powers
- Entry and inspection: an Inspector may enter a place used, or reasonably believed to be used, as a factory and may be accompanied by authorised assistants or an expert.
- Safety examination: premises, plant, machinery, articles and substances may be examined to assess compliance and workplace risks.
- Accident investigation: the Inspector may investigate accidents and dangerous occurrences and record statements relevant to the inquiry.
- Records and evidence: prescribed registers and factory documents may be demanded, and relevant records may be seized or copied where an offence is reasonably believed to have been committed.
- Preservation of the scene: the occupier may be directed not to disturb premises or objects while an examination is being conducted.
- Measurements and recordings: photographs, measurements and other recordings may be made using appropriate equipment.
- Dangerous articles or substances: potentially hazardous material may be tested, dismantled where necessary, taken into possession and detained for examination in accordance with the section.
Who is an Inspector under the Factories Act?
Section 8 empowers the State Government to appoint qualified persons as Inspectors and assign local limits to them. Section 9 must therefore be read with Section 8 because the powers under Section 9 are exercised by an Inspector within the limits and authority of the appointment, subject to rules made under the Act.
Amendment history relevant to Section 9
The Factories (Amendment) Act, 1987 expanded and modernised the inspection powers. The words permitting entry with an expert were inserted, and clauses dealing with examination, accident inquiry, records, preservation of premises, measurements, photographs, recordings, testing and detention of dangerous articles or substances were substituted or expanded with effect from 1 December 1987.
Historical notes: The reference to an expert was inserted by Act 20 of 1987, section 5, with effect from 1 December 1987. Clauses (b) onward were substituted by the same amending provision for the earlier clauses (b) and (c), also with effect from 1 December 1987.
Related provisions
For the appointment and status of Inspectors, see Section 8 - Inspectors. The next provision is Section 10 - Certifying surgeons. Definitions used throughout the Act are contained in Section 2 - Interpretation.