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      Question

      The Code on Wages, 2019 introduces the novel concept of

      "Inspector-cum-Facilitator" replacing the traditional "Inspector" under old wage laws. Which of the following correctly describes the dual role, legal status, and key powers of an Inspector-cum-Facilitator?
      A An Inspector-cum-Facilitator can only inspect establishments; they have no advisory role and act purely as an enforcement authority like traditional inspectors Correct Answer Incorrect Answer
      B An Inspector-cum-Facilitator acts only on complaints by employees; they cannot conduct suo motu inspections of any establishment Correct Answer Incorrect Answer
      C An Inspector-cum-Facilitator performs a dual role advising employers and workers on compliance (facilitation) as well as conducting inspections (enforcement); they are deemed a public servant under Section 21 IPC; and may examine persons found in premises, require production of documents, seize records, and take samples but inspections are subject to a web-based randomised computerised system to prevent targeting Correct Answer Incorrect Answer
      D An Inspector-cum-Facilitator has jurisdiction only over establishments employing more than 100 workers; smaller establishments are exempt from inspection Correct Answer Incorrect Answer

      Solution

      Section 51 of the Code on Wages, 2019 under Chapter VII provides for the appointment of Inspector-cum-Facilitators by the appropriate Government through notification, representing a fundamental philosophical shift from adversarial enforcement to a cooperative compliance model. Their dual mandate is explicitly codified: Sub-section 5(a) empowers them to advise employers and workers relating to compliance; while Sub-section 5(b) empowers them to inspect establishments as assigned by the appropriate Government. They are expressly deemed public servants within the meaning of Section 21 of the Indian Penal Code under Sub-section 4, making obstruction of their duties a punishable offence. Their specific powers include: examining any person found in the premises reasonably believed to be a worker; requiring production of registers, records, and documents; taking copies or extracts of records; and taking samples of materials. Crucially, the Code mandates that inspections be carried out based on a web-based randomised computerised inspection system preventing selective or targeted harassment of specific establishments and making the process transparent and technology-driven.

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