Chapter VII Chapter VII

(1) The State Government may by notification appoint a Chief Inspector who shall be the Chief Executive Authority for the purposes of carrying out the provisions of this Act. (2) The State Government shall by notification appoint such persons or such class of persons as they think fit to be Inspectors for the purposes of this Act, within such local limits as they may assign to them. (3) In addition to any power conferred on the Chief Inspector by this Act, the Chief Inspector may exercise all the powers of an Inspector.

Subject to any rules made by the State Government in this behalf, an Inspector may, within the local limits for which he is appointed- (a) enter, at all reasonable times and with such assistants, if any, being persons in the service of the Government or of any Local authority as he thinks fit, any place which is or which he has reason to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary, for carrying out the purposes of this Act; and (c) exercise such other powers as may be necessary for carrying out the purposes of this Act : Provided that no one shall be required under this section to answer any question or give any evidence tending to criminate himself.

The Chief Inspector and every Inspector appointed under Section 30 shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).

Every employer shall, on demand, produce for inspection of an Inspector all registers, records and notices required to be kept under and for the purposes of this Act.

The State Government may by order direct that any of their functions under any of the provisions of this Act shall, in such circumstances and subject to such condition, if any, as may be specified in the order, be exercised or discharged by local authorities generally or by any particular local authority.

Whoever contravenes any of the provisions of the Act shall, on conviction, be punishable with fine which for the first offence shall not be less than one thousand rupees and may extend to five thousand rupees and for the second or subsequent offence shall not be less than two thousand rupees and may extend to twenty-five thousand rupees.

(1) No prosecution under this Act or the rules or orders made thereunder shall be instituted except by the Chief Inspector or an Inspector appointed under Section 30 or except with the previous sanction of the State Government or the local authority as the case may be. (2) No Court interior to that of a Magistrate of the second class shall try any offence punishable under this Act or any rules or orders made thereunder.

Subject to the general or special order of the State Government, an employer shall maintain such registers and records and display on the premises of his establishment such notices as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.

Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding an the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923) and the rules made thereunder shall, mutatis mutandis, apply to every employee of a shop or commercial establishment.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

(1) The State Government may make rules for the purposes of carrying into affect the provisions of this Act and also with reference to all matters expressly required or allowed by this Act to be prescribed. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide in respect of the health, safety and welfare of employees. (3) In making rules under this section, the State Government may provide that a contravention of the rules shall be punishable with fine which may extend to 2[two thousand rupees]. (4) The rules made under this section shall be subject to the conditions of previous publication, and when so made, shall be deemed to be part of this Act.

On and from the date of the commencement of this Act in respect of an establishment the Weekly Holidays Act, 1942 (XVIII of 1943) shall cease to apply to such establishment : Provided that- (a) every appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of the Act so ceasing to apply shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under this Act; (b) any proceeding relating to the trial of any offence punishable under the provisions of the Act so ceasing to apply shall be continue and completed as if the said Act had not ceased to apply but had continued in operation and penalty imposed on such proceedings shall be recovered under the Act so ceasing to apply.