SPECIAL PROVISIONS RELATING TO HEALTH HYGIENE AND SAFETY-LABOUR ACT 2006 - ACT 85
85. Powers of Inspector in
case of certain danger : (1) If, in respect of any matter for which no
express provision is made by or under this Act, it appears to the Inspector
that any establishment or any part thereof or any matter, thing or practice in
or connected with the establishment or with the control, management or
direction thereof, is dangerous to human life or safety or thereof, is
dangerous to human life or safety or defective so as to threaten, or tend, to
the bodily injury of any person, he may give notice in writing thereof to the employer
of the establishment, and shall state in the notice the particulars in respect
of which he considers the establishment, or part thereof, or the matter, thing
or practice, to be dangerous or defective and require the same to be remedied
within such time and in such manner as he may specify in the notice.
(2) Without prejudice to the
generality of the provisions contained in sub-section (1), the Inspector may,
by order in writing direct the employer prohibiting the extraction or reduction
of pillars in any part of such establishment if, in his opinion, such operation
is likely to cause the crushing of pillars or the premature collapse of any
part of the workings or otherwise endanger the establishment,
(3) If the Inspector is of
opinion that there is urgent and immediate danger to the life or safety of any
person employed in any establishment or part thereof, he may, by an order in
writing containing a statement of the grounds of his opinion, prohibit, the
employer concerned, until he is satisfied that the danger is removed, the
employment in or about the establishment or part thereof of any person whose
employment is not, in his opinion, reasonably necessary for the purpose of
removing the danger.
(4) The employer, if is aggrieved
by the order under sub-section (3) may, within ten days of the receipt of the
order, appeal against the same to the chief Inspector who may confirm modify or
cancel the order.
(5) The Inspector making an order
under sub-section (1) or (3), shall forthwith report the same to the Government
and shall inform the employer concerned that such report has been so made.
(6) The chief Inspector, shall
forthwith report to the Government any order, except the order of cancellation
passed by him under sub-section (4), and shall also inform the employer
concerned that such report has been so made.
(7) Any employer, if has any
objection against any order made under sub-section (1), or (4) may inform the
Government within 20 days of receipt of the order in Writing with cause thereof
and the Government shall sent it to a committee for decision.
(8) The employer shall comply
with the order against which objection has been made until such decision of the
committee is received. Provided that on application made by the employer the
order passed under sub-section (1) may be suspended, till pending decision of
the committee.
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