Generally : As aforesaid, the law, takes upon itself to see that the substantive law in its true sense is carried into action. Accordingly, as a first measure, the legislature has imposed a mandatory duty upon the Employer to maintain certain registers and records. As a second measure, it requires, the appointments of Inspectors to be made who will also enforce the maintenance of such registers. Under sub-section (1), the Factory Inspectors under the Factories Act are invested with that powers under PW Act for the factories of the local limits for which the factory Inspector is appointed. For the rest, the State Government has to make the appointments by necessary notification in the Official Gazette.
(ii) Functions and Duties of Inspectors Appointed under Section 14 : Section 14 requires the Inspectors invested : with powers under this Act to exercise checks and prevents prescribed under the Act. As such, necessarily, it is one of the duties and perhapes the primary duty to see that the Employer faithfully makes compliance of this Act including the maintenance of records / registers to be maintained under the Act. Sub-section
(4) of Section 14 requires that the Inspectors should:
(a) see that rules and the provisions of this Act are complied with by the Employers and for that purpose, he is free to make such inquires and examination as he may think fit and proper.
(b) enter, inspect and search the premises upon the following conditions.
(i) he is free to take assistance of anyone (including police)
(ii) entry, inspection and search has to be at the reasonable time, usually after sun set and before sun rise, it is not to be done. But if necessary, he is not prevented also.
(iii) entry, inspection and search must be for the purpose of , carrying out the objects of this Act. Necessarily, therefore the PW Inspectors are not given a License to cause their entry, inspection or search for any other purpose or for an exterior purpose or with ulterior motive.
(iv) for entry, inspection and search the Inspectors can act under the provisions of Code of Criminal Procedure, 1973 so far as may apply to this aspect. The Search Warrant under Section 94 of Cr. P.C. may be applied, if circumstances so require.
(v) The PW Inspector, for this purpose is treated as “public servant”.
(c) Supervise the payment of wages to employed persons by 1 the Employers if necessary.
(d) (i) require production of registers/records, if necessary, by written orders at a specified time and place. (ii) call upon any person to make a statement on the spot. (iii) take the registers and records, he had required to be produced
(iv) record the Statement (he had called upon anyone to make it) on the spot.
(v) production of registers/ records and recording of statements must be for carrying out the purpose of this Act and it is no licence given to the PW Inspectors to use his powers for any purpose other than this.
(e) (i) Seize the registers/ records. The inspectors are charged with the powers under the provisions of the Criminal Code of Procedure, 1973 so far as it may have application to the facts of the case. The search warrant under Section 94 of Cr. P .C. may be applied if circumstance so require, so as to effect the seizure of registers/records from the persons/premises. ‘
(ii) The Inspector for this purpose is treated as public servant.
(iii) Take the copies of Registers/records. Either of all -register/records or any part thereof.
(iv) The seizure and taking copy must be for carrying out the purpose of this Act and it is no licence to misuse it.
(f) exercise the prescribed powers.