SPECIAL PROVISIONS RELATING TO HEALTH HYGIENE AND SAFETY-LABOUR ACT 2006 - ACT 83 & 84
83. Power to direct enquiry
into cases of accident or disease : (1) When any accidental explosion,
ignition, outbreak of fire or irruption of water or other accident has occurred
in any establishment or when any disease specified in the second schedule has
been or suspected ot have contracted in any establishment, the government, if
it is of opinion that a formal enquiry into the cases, of, and circumstance
attending, the accident or disease ought to be held, may appoint a competent
person to holding the enquiry.
(2) The person appointed to hold
any such enquiry shall have all the power of a Civil Court under the Code of
Civil Procedure,1908 for the purpose of enforcing the attendance of witnesses
and compelling the production of documents and material objects; and every
person required by such person as aforesaid to furnish any information shall be
deemed to be legally bound to do so within the meaning of section 176 of the
penal code.
(3) Any person holding an enquiry
under this section may exercise such of the powers of an Inspector under this
Act as he may think it necessary or expedient to exercise for the purposes of
the enquiry.
(4) The person-holding enquiry
shall make a report to the Government stating the causes of the accident and
its circumstances, and adding any observations, which he and any of the
assessors may think fit to make.
(5) The Government may, cause
report to be punished at such time and in such manner as it may think fit.
84. Power to take samples:
(1) An Inspector may, at any time during the normal working hours, informing
the employer of an establishment, take, in the manner hereinafter provided, a
sufficient sample of any substance used or intended to be used in the
establishment such use being, in the opinion of the Inspector in contravention
of the provisions of this Act or of the rules, or likely to cause bodily injury
to or injury to the health of, workers in establishment.
(2) Where the Inspector takes
such sample, he shall, in the presence of the employer, unless he willfully
absents himself, divide the sample into three portions and effectively seal and
suitable mark them shall permit the employer to add his own seal and mark
thereon.
(3) The employer shall, if the
Inspector so requires, provide the appliances for dividing, sealing and marking
the sample taken under this section.
(4) The Inspector shall forthwith
give one portion of the sample to the employer, send the second portion to a
Government Analyst for analysis and report thereon and retain the third portion
for production to the court before which proceedings, if any are instituted in
respect of the substance.
(5) Any document, purporting to be
a report under the hand of any Government analyst upon any substance submitted
to him for analysis and report under this section, may be used as evidence in
any proceedings instituted in respect of the substance.
0 Comments