section 39
Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
The Occupational Safety, Health and Working Conditions Code, 2020Labour2020143 sections14 chapters
Chapter IX INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY
Statutory text
- (1) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or by any one assisting him, in the course of the inspection or survey of any establishment under this Code or acquired by any officer authorised under section 20 in the exercise of his duties thereunder, shall be regarded as confidential and shall not, while in service or after leaving the service, be disclosed to any person or authority unless the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator considers disclosure necessary to ensure the health, safety or welfare of any person employed in establishment.
- (2) Nothing in sub-section (1) shall apply to the disclosure of any such information to---
- (a) any court;
- (b) any Committee or Board constituted under this Code;
- (c) an official superior or the employer of the establishment concerned;
- (d) a Commissioner for employees' compensation appointed under the Employees' Compensation Act, 1923 (8 of 1923);
- (e) the Controller, Indian Bureau of Mines; and
- (f) any such officer, authority or authorised person as may be specified in this behalf by the appropriate Government.
- (3) Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), no Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator shall disclose the source of any complaint, made to him regarding the contravention of the provisions of this Code without the consent of the complainant and shall also not while making an inspection under this Code in pursuance of such complaint, disclose to the employer concerned or any of his representative that the inspection is being made in pursuance of such complaint.
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