Section 118: Inspector-cum-Facilitator to be public servant

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 118

Section 118 of the Code formally declares every Inspector-cum-Facilitator, certifying surgeon, and appointed officer to be a public servant within the meaning of the Indian Penal Code / Bharatiya Nyaya Sanhita, 2023.

  • Conferment of Public Servant Status: Brings all officers functioning under the Code within the protective and penal ambit of anti-corruption and public justice statutes.
  • Criminal Penalties for Assault or Coercion of Officers: Exposes anyone who uses criminal force, intimidates, or offers bribes to inspecting officers to immediate prosecution under penal laws.
  • Applicability of Prevention of Corruption Laws: Ensures that corrupt demands or extortionate misuse of regulatory authority by inspectors is punishable under the Prevention of Corruption Act, 1988.
Key Landmark Precedents:
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court affirmed that labor and mine inspectors act as sovereign public servants performing non-delegable constitutional duties.
  • State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Reaffirmed the legal protections and strict public responsibilities accompanying public servant status under regulatory statutes.
  • P. Sanjeeva Rao v. State of A.P. (2012) 7 SCC 56: Affirmed that public servants discharging statutory regulatory functions are strictly accountable to anti-corruption statutes.
Courtroom Practice & Strategic Litigation Guidance:

Ensure all interactions with Inspector-cum-Facilitators are formally recorded, conducted in official conference facilities with CCTV surveillance, and backed by written minutes to prevent misunderstandings or wrongful allegations under Section 118.