Labour Code Advisor

CHAPTER III - INSPECTING STAFF

Section 5. Powers of the inspectors.

(1) Subject to such conditions and restrictions as the State Government may by general or special order impose, the chief inspector or an inspector may—

(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed in the case of any motor transport undertaking, and for that purpose require the driver of a transport vehicle to cause the transport vehicle to stop and remain stationary so long as may reasonably be necessary;

(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which he has reason to believe is under use or occupation of any motor transport undertaking at any reasonable time for the purpose of carrying out the objects of this Act;

(c) examine any motor transport worker employed in a motor transport undertaking or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;

(d) seize or take copy of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;

(e) exercise such other powers as may be prescribed:

Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.

(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

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  • 1. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 2. The Act has been brought into force as follows:—26th January, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Madhya Pradesh.1st February, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Assam, Kerala, Mysore, Orissa, Punjab, Andaman & Nicobar Iclands, Delhi and Himachal Pradesh.1st March, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in West Bengal.31st March, 1962, vide notification No. S.O. 296, dated 23th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Madras, Maharashtra and Uttar Pradesh.1st February, 1962, vide notification No. S.O. 310, dated 30th January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Andhra Pradesh.1st February, 1962, vide notification No. S.O. 382, dated 31st January, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Rajasthan.15th February, 1962, vide notification No. S.O. 468, dated 9th February, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Tripura.1st March, 1962, vide notification No. S.O. 573, dated 16th February, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Bihar.31st March, 1962, vide notification No. S.O. 781, dated 9th March, 1962, see Gazette of India, Extraordinary, Part II,sec. 3(ii), in Gujarat and Manipur.
  • 3. The proviso added by s. 2 and the Schedule, ibid. (w.e.f. 1-9-1971).
  • 4. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu andKashmir and the Union territory of Ladakh.

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  • 1. Subs. by Act 61 of 1986, s. 25, for “fifteenth” (w.e.f. 23-12-1986).

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  • 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).

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  • 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).