(1) The State Government may, by notification in the Official Gazette, appoint such persons who possess such qualification as may be prescribed, to be the Facilitator or Facilitators, 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 in the Official Gazette, 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) The State Government may prescribe a scheme for randomize inspection of shop and establishments which shall provide for generation of a web based inspection schedule.
(3) Every Chief Facilitator and Facilitators appointed under subsections (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and shall be subordinate of such authority as a Government as may be specified for this purpose by the State Government.
(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 provisions of this Act effectively;
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(ii) inspect the establishment in accordance with the scheme for inspection referred to in sub-section (2), and may—
(a) examine any person who is found in any premises of the establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the establishment;
(b) require any person to give any information, 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, 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) ring 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 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) Any person required to produce any document or to give any information required by Facilitator appointed under sub-sections
(4) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.
(6) The provisions of the Code of Criminal Procedure, 1973 shall, so far as may be, apply to the search or seizure under sub-clause (c) of clause (ii) of sub-section (4) as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code.
Chapter 7 Records and Return Maintenance of registers and records 18 (1) Every employer shall maintain such registers and records, as may be prescribed.
(2) The records may be maintained electronically or manually :
Provided that, at the time of inspection by a Facilitator, a hard copy of such records if demanded, shall be submitted duly signed by the employer or his representative.
Annual Return 19 The employer of Shop and establishment shall furnish an annual return, in such a form and in such manner (including electronic form), to such authority as may be prescribed.
- 11 - Chapter 8 Offences and Penalties Penalty for contravention of provisions of this Act 20 (1) Whoever, contravenes the provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to two lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand rupees for every day during which such contravention continues :
Provided that, the total amount of fine shall not exceed two thousand rupees per workers employed.
(2) If any person who has been convicted of any offence punishable under sub-section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punished on a subsequent conviction with fine of rupees not less than one lack and which may extend to five lack rupees .
1 {Penalty for contravention of provisions of registration etc.
of this Act 21 Save as otherwise expressly provided in this Act, where an employer on being held guilty of contravention of any of the provisions of this Act or any rules made thereunder which has resulted in an accident causing serious bodily injury or death of a worker, he shall, on conviction, be punished with fine which shall not be less than two lakh rupees and which may be extended upto tem lakh rupees.} Penalty for obstructions or refusal to provide register, etc.