Amendment status not verified — confirm the current text below against the official source.
Appointment of Chief Facilitator and Facilitator-cum-Inspector and their powers.— (1) The State Government may, by Notification in the Official Gazette, appoint a Chief ---11--- Facilitator who shall, in addition to the powers conferred on a Chief Facilitator under this Act, exercise the power of a Facilitator-cum-Inspector throughout the State. (2) The State Government may, by Notification in the Official Gazette, appoint such persons who possess such qualification as may be prescribed, to be the Facilitator- cum-Inspector, for the purposes of this Act, and may assign to them such local limits as it may think fit. (3) The State Government may prescribe a scheme for randomized inspection of establishments which shall provide for generation of a web-based inspection schedule. (4) Subject to such conditions as may be prescribed, a Facilitator-cum-Inspector may, within the local limits for which he is appointed— i. advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively; (3) inspect the establishment in accordance with the scheme for inspection referred to in sub-section (3) or otherwise, and may— (a) enter, at all reasonable time and with such assistants, if any, being persons in the service of the Government or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out the purposes of this Act; (c) examine any person who is found in any premises of the establishment and whom, the Facilitator-cum-Inspector has reasonable cause to believe, is a worker of the establishment; (d) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons; (e) search, seize or take copies of such register, record of wages or notices or portions thereof as the Facilitator-cum-Inspector may consider relevant in respect of an offence under this Act and which the Facilitator-cum-Inspector has reason to believe has been committed by the employer; (f) bring to the notice of the State Government defects or abuses not covered by the law for the time being in force; and (g) exercise such other powers, as may be prescribed: Provided that, no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself. (5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator control and supervise the functioning of the Facilitator-cum-Inspector and may assign or reassign the area of work of the Facilitator-cum-Inspector subject to the jurisdiction of the local area. (6) Any person required to produce any document or to give any information required by Chief Facilitator and Facilitator-cum-Inspector appointed under sub-sections (1) and (2) shall be deemed to be legally bound to do so within the meaning of sections 210 and 211 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023). (7) The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) shall, apply to the search or seizure under sub-clause (e) of clause (ii) of sub-section (4) as they apply to the search or seizure made under the authority of a warrant issued under section 97 of the said Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023). (8) Every Chief Facilitator and Facilitator-cum-Inspectors appointed under sub- ---12--- sections (1) and (2) shall be deemed to be a public servant within the meaning of sub- section 28 of Section 2 of the Bhartiya Nyaya Sanhita, 2023 (Central Act 45 of 2023). CHAPTER X OFFENCES AND PENALTIES