Vidhi Codex

section 23

Appointment of Chief Inspector/Inspectors-cumFacilitators.

The Jammu and Kashmir Shops and Establishments (Licensing, Regulation of Employment and Conditions of Service) Act, 2025
Labour202536 sections9 chapters
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Chapter VI INSPECTOR CUM FACILITATORS AND THEIR POWERS AND FUNCTIONS

Statutory text
  1. (1) The Government may, by notification, appoint such persons as possess the prescribed qualification to be Inspector cum Facilitator for the purposes of this Act and may assign to them such local limits as it may think fit: Provided that the Government may, by notification, appoint a Chief Inspector cum Facilitator who shall, in addition to the powers conferred on a Chief Inspector cum Facilitator under this Act, exercise the powers of an Inspector cum Facilitator throughout the Union Territory of Jammu and Kashmir.
  2. (2) The Government may prescribe a scheme for inspection of shops and establishments which shall provide for generation of a web-based inspection schedule.
  3. (3) Every Inspector cum Facilitator and Chief Inspector cum Facilitator appointed under sub-section (1) shall be deemed to be public servants within the meaning of section 2 (28) of the Bharatiya Nyaya Sanhita, 2023.
  4. (4) Subject to such conditions as may be prescribed, an Inspector cum Facilitator may, within the local limit 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; ii. inspect the shop or establishment in accordance with the scheme for inspection referred to in sub-section (2), and may- iii. 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; iv. require any person to give any information, which is in his power to give with respect to the names and addresses of the persons; v. search, seize or take copies of such register, record of wages or notices or portions thereof as the inspector cum Facilitator may consider relevant in respect of an offence under this Act and which the Inspector cum Facilitator has reason to believe has been committed by the employer; vi. bring to the notice of the Government defects or abuses not covered by the law for the time being in force; and vii. 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. (5) Any person required to produce any document or to give any information required by an Inspector cum Facilitator under sub-section (4) shall be deemed to be legally bound to do so within the meaning of section 210 of the Bhartiya Nayaya Sanhita, 2023.
  6. (6) The provisions of the Bhartiya Nagrik Suraksha Sanhita,2023, so far as may be, shall apply as they apply to the search or seizure made under the authority of a warrant issued under section 97 of the said sanhita.

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