Delhi Shops and Establishments Act,1954 — Physical PDF page 22 of 27

         (b) make such examination of the premises and of any prescribed registers, records and
              notices and take on the spot or otherwise evidence of any persons as he may deem
              necessary for carrying out the purpose of this Act;
         (c) make copies of or take extracts from any book, registers or other documents
              maintained for the purpose of this Act;
         (d) exercise such other powers as may be necessary for carrying out the purpose of this
              Act:
     Provided that no one shall be required under this section to answer any question or to give
any evidence tending to incriminate himself.
                                               COMMENTS
(a) Powers of the Inspector
     Under the provisions of this section, the Chief Inspector or an Inspector is empowered to
enter at all reasonable times with such assistance as may be necessary, any place which is or
which is being used as an establishment and make its examination and that of any prescribed
registers, records, notices and take on the spot or otherwise evidence of any persons as he may
deem necessary and make copies or take extracts from any book, registers or other documents
and exercise such other powers as may be necessary for carrying out the purpose of this Act. But
in order to entitle an Inspector to inspect establishments and do all acts enumerated in this
                                                                 e
section, he must have been appointed by the Government in accordance with the provision of
                                                           od
section 36 of the Act. The Chief Inspector or the Inspectors so appointed are empowered under
this section to enter any premises which is being used as an establishment and to examine the
premises and the records with such assistance as he or they may like. In other words, any
                                                     aC
Inspector appointed under section 36 of the Act can also take the assistance of any other person
or persons as may be necessary for carrying out the purpose of the Act.
(b) Duties of the Inspector                     di
                                            In
     The duties of the Inspector have been specified in rule 17 of Delhi Shops and Establishments
Rules, 1954. The duties laid down in the said rule make it obligatory on the part of the Chief
Inspector/Inspector to make such examination of the premises and of the registers, records or
notices as may appear to him to be necessary for satisfying himself that the provisions of the Act
and of the Rules and of any order or notification issued by the Government under the Act or the
Rules made thereunder are being properly observed, and in particular has to satisfy himself—
       (a) that the establishment is duly registered under the Act;
       (b) that the registers, records and notices required to be maintained or displayed under the
            Act or the Rules are properly maintained or displayed;
       (c) that the interval of rest and holidays required to be granted or observed under the Act
            are granted and observed and that the limits of hours of work and spread-over laid
            down under the Act are not exceeded;
       (d) that the provisions of the Act relating to the opening and closing hours are duly
            observed;
       (e) that the provisions of the Act and the Rules regarding leave are property observed;
        (f) that the provisions of the Act and the Rules relating to cleanliness and precautions
            against fire are properly observed;
       (g) that the provisions of the Act relating to the payment of overtime are duly observed;
       (h) that the wages and other dues are being paid to employees in time as required under
            the Act;
        (i) that in dispensing with the services of an employee the provision of the Act and Rules
            have been complied with and no dues payable under the Act or Rules have been
            withheld;
        (j) that no child is allowed to work in an establishment.
     In carrying out such examinations, the Chief Inspector or any Inspector concerned may
interrogate such person on the premises of the establishment as he may consider necessary
provided that no such person is required to give answer to any question, the answer to which