Section 115: Appointment of Inspector-cum-Facilitators and their powers

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XII: Powers of Inspector-cum-Facilitators
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 115

Section 115 of the Code provides for the appointment of Inspector-cum-Facilitators by the appropriate Government, establishing a modernized regulatory cadre tasked with dual responsibilities of enforcement and advisory compliance support.

  • Evolution from Traditional Inspector to Facilitator: Transforms the traditional policing role into an integrated compliance facilitation model, requiring officers to provide technical advice and guidance on safety implementation.
  • Statutory Jurisdiction & Administrative Hierarchy: Authorizes the Government to define geographical, industrial, and specialized functional jurisdictions across Chief Inspector-cum-Facilitators and field officers.
  • Public Servant Status & Legal Protection: Declares all appointed officers to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 / Section 2 of Bharatiya Nyaya Sanhita, 2023.
Key Landmark Precedents:
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court affirmed that factory inspectors possess wide statutory authority to inspect premises and ensure compliance with life-safety legislation.
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court recognized the vital role of statutory inspectors as impartial public officers safeguarding hazardous industrial operations.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Affirmed that regulatory inspectors are essential instruments for giving practical effect to constitutional labor guarantees.
Courtroom Practice & Strategic Litigation Guidance:

Leverage the 'Facilitator' role under Section 115 by seeking formal written advisory opinions on complex engineering interpretations or new process integrations, documenting the consultation to establish good-faith compliance.