Chapter VI FACILITATOR AND THEIR POWERS AND FUNCTIONS

Facilitator and their powers and functions.-

1. (1) The State Government may, by notification, appoint such persons as possess the prescribed qualification to be Facilitator for the purposes of this Act and may assign to them such local limits as it may think fit. Provided that the State Government may, by notification, appoint a Chief Facilitator who shall, in addition to the powers conferred on a Chief Facilitator under this Act, exercise the powers of a Facilitator throughout the State.
2. (2) The State Government may prescribe a process for inspection of shops and establishments which shall provide for generation of a web-based inspection schedule.
3. (3) Every Facilitator and Chief Facilitator appointed under sub-section (1) shall be deemed to be public servant within the meaning of sub section 28 of section 2 of the Bharatiya Nyaya Sanhita, 2023 and shall be officially subordinate to such authority as the state Government may specify in this behalf.
4. (4) Subject to such conditions as may be prescribed, a Facilitator 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 provision of this Act effectively;
   • (ii) inspect the shop or establishment in accordance with the process for inspection referred to in sub-section (2), and may-
   • (a) examine any person who is found in any premises of the shop or establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the shop or establishment;
   • (b) inquire any person to give any information and grievances which is in his power to give with respect to the names and addresses of the persons;
   • (c) search, seize or take copies of such register, details of payment transaction of workers, record of wages or notices or portions thereof as the Facilitator may consider relevant in respect of an offence under this Act and which the Facilitator has reason to believe has been committed by the employer;
   • (d) bring to the notice of the State Government defects or abuses not covered by the law for the time being in force; and
   • (e) exercise such other power 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. (5) Any person required to produce any document or to give any information required by a Facilitator under sub-section
6. (4) shall be deemed to be legally bound to do so within the meaning of section 210 and section 211 of the Bharatiya Nyaya Sanhita, 2023.
7. (6) The provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall, so far as may be, apply to the search or seizure under sub-clause
   • (c) of clause
     • (ii) of sub-section
8. (4) as they apply to the search or seizure made under the authority of a warrant issued under section 97 of the said Code.