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Payment of Wages Act

Inspectors

An inspector plays an important role and is provided certain rights under the Payment of Wages Act, 1936. In this article, we will look at the rules that govern the appointment of inspectors, their rights (examine, inspect, enquire, etc.), and various other regulations pertaining to them.

inspector

                                                                                   Source: Pixabay

Inspector under the Payment of Wages Act, 1936

Appointment of an Inspector

According to the sub-section (1) of the Factories Act, 1948, ‘The State Government can appoint individuals who possess the prescribed qualification as Inspectors for the purposes of the Act.’

Further, the State Government needs to give a notification in the Official Gazette and may assign to the inspectors such local limits as it may think fit.’

In the Payment of Wages Act, 1936, the Inspector of Factories appointed as per the sub-section mentioned above is an Inspector in respect of all factories within local limits assigned to him.

Further, the Appropriate Government can appoint Inspectors for the purposes of this Act in respect of all employed persons in railways (except those in a factory) to whom this Act applies.

Also, the Appropriate Government must give a notification in the Official Gazette before appointing such persons as Inspectors.

Learn more about Section 8 of Payemnt of Wages Act here in detail.

Rights of an Inspector

An Inspector may:

  1. Make an examination and/or inquiry which he thinks fit to ascertain whether the employer is observing the rules and/or provisions of the Act.
  2. Enter, inspect, and also search for any premises of any railway, factory, industrial or other establishments. Further, the Inspector must ensure that he does so at a reasonable time and uses assistance as he deems fit.
  3. Supervise the payment of wages to persons employed upon any railway or in any factory or industrial or other establishments.
  4. Ask the employer to produce any register that he maintains in pursuance of the Act. However, the Inspector will need a written order for the same. Further, the Inspector can also take statements of any persons as he may deem necessary for carrying out the purposes of the Act.
  5. Take copies of such registers or documents. The Inspector can also seize the records or registers.
  6. Exercise all powers that the Act bestows upon him. However, this is provided that no person is compelled under this sub-section to answer any question or make any statement tending to incriminate himself.

While an Inspector can enter, inspect, search, and also seize registers/documents on the premises, any such search or seizure will have the same provisions as applied to the search and seizure made under the authority of a warrant under section 94 of the Code of Criminal Procedure. 1973 (2 of 1974). It is also important to remember that every Inspector is a deemed public servant.

Facilities for Inspectors

Every employer will provide an Inspector with reasonable facilities to enter, inspect, examine, and also make inquiries under this Act.

Solved Question on Inspectors

Q1. What are the rights of an Inspector?

Answer: An Inspector may:

  • Make an examination and/or inquiry
  • Enter, inspect and search any premises
  • Supervise the payment of wages
  • Ask the employer to produce any register that he maintains in pursuance of the Act (under a written order).
  • Seize or take copies of such registers or documents or portions
  • Exercise all powers that the Act bestows upon him
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