Dear Seniors and Friends, Need your guidance on the following issues
1. Can any officer from human trafficking and child labor enter and inspect a factory without any notice?
2. If a young person (above 14 years) is working by violating condition chapter 7 of factory act 1948, then what would be the punishment for employer/Manager?
Regards,
Rahul
From India, Varanasi
71. Can any officer from human trafficking and child labor enter and inspect a factory without any notice?
2. If a young person (above 14 years) is working by violating condition chapter 7 of factory act 1948, then what would be the punishment for employer/Manager?
Regards,
Rahul
From India, Varanasi
The responses are as follows:
1. Yes, the Inspectors have power to enter and inspect any premises.
2. As per Section 92 the general penalty for offences is that the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued:
From India, Mumbai
1. Yes, the Inspectors have power to enter and inspect any premises.
2. As per Section 92 the general penalty for offences is that the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued:
From India, Mumbai
But can they search the premises without search warrant.
and what if they do not find anyone such case?
Do they provide/give anything in written just like other department inspection report to the company?
Apart from this, kindly update me, do they have power to arrest employer/Manager if an adolescent is working without proper permission?
Regards,
Rahul
From India, Varanasi
and what if they do not find anyone such case?
Do they provide/give anything in written just like other department inspection report to the company?
Apart from this, kindly update me, do they have power to arrest employer/Manager if an adolescent is working without proper permission?
Regards,
Rahul
From India, Varanasi
@Rahul
Establishment can not stop entry of govt officials to any industrial or commercial premises, they have to make compliance of the respective laws as per rules. Mostly their visit is prior informed to their seniors not lower than assistant commissioner level, However the AC/DC/and Commissioner does not need any warrant to enter any business premises.
MSME has some relaxation to ask for document or ID before their entry, but they can not bar the entry, otherwise it would be treated as obstruction to the govt official to perform their duties
But for safeguard for unwanted visitors, the establishment may keep visitors book at entry point with security. where they have to mention full details of them, contact details, and purpose of visit. with their signature.
Establishment can not stop entry of govt officials to any industrial or commercial premises, they have to make compliance of the respective laws as per rules. Mostly their visit is prior informed to their seniors not lower than assistant commissioner level, However the AC/DC/and Commissioner does not need any warrant to enter any business premises.
MSME has some relaxation to ask for document or ID before their entry, but they can not bar the entry, otherwise it would be treated as obstruction to the govt official to perform their duties
But for safeguard for unwanted visitors, the establishment may keep visitors book at entry point with security. where they have to mention full details of them, contact details, and purpose of visit. with their signature.
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