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 the Factory Act 1948, then what would be the punishment for the employer/Manager?
Regards,
Rahul
From India, Varanasi
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8Need 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 the Factory Act 1948, then what would be the punishment for the employer/Manager?
Regards,
Rahul
From India, Varanasi
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The responses are as follows:
1. Yes, the Inspectors have the power to enter and inspect any premises.
2. As per Section 92, the general penalty for offenses is that the occupier and manager of the factory shall each be guilty of an offense and punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to one lakh rupees, or with both. If the contravention is continued after conviction, a further fine may extend to one thousand rupees for each day on which the contravention is so continued.
From India, Mumbai
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1. Yes, the Inspectors have the power to enter and inspect any premises.
2. As per Section 92, the general penalty for offenses is that the occupier and manager of the factory shall each be guilty of an offense and punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to one lakh rupees, or with both. If the contravention is continued after conviction, a further fine may extend to one thousand rupees for each day on which the contravention is so continued.
From India, Mumbai
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But can they search the premises without a search warrant? And what if they do not find anyone in such a case? Do they provide or give anything in writing, just like other department inspection reports to the company?
Apart from this, kindly update me, do they have the power to arrest the employer/manager if an adolescent is working without proper permission?
Regards,
Rahul
From India, Varanasi
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Apart from this, kindly update me, do they have the power to arrest the employer/manager if an adolescent is working without proper permission?
Regards,
Rahul
From India, Varanasi
Acknowledge(0)Amend(0)
Establishments cannot stop the entry of government officials to any industrial or commercial premises; they have to comply with the respective laws according to the rules. Mostly, their visits are prior informed to their seniors, not lower than the assistant commissioner level. However, the AC/DC/and Commissioner do not need any warrant to enter any business premises.
MSMEs have some relaxation to ask for documents or ID before their entry, but they cannot bar the entry; otherwise, it would be treated as obstruction to the government officials in performing their duties.
For safeguarding against unwanted visitors, the establishment may keep a visitors' book at the entry point with security where they have to mention full details of them, contact details, and purpose of visit, along with their signature.
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MSMEs have some relaxation to ask for documents or ID before their entry, but they cannot bar the entry; otherwise, it would be treated as obstruction to the government officials in performing their duties.
For safeguarding against unwanted visitors, the establishment may keep a visitors' book at the entry point with security where they have to mention full details of them, contact details, and purpose of visit, along with their signature.
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Factory compliance check list.pdf
Child Labor.ppt
Statutory Compliance for a Factory.xls