Section 65: Power of inspectors.
(1) An inspector shall, for the purpose of the execution of this Act, have power to do the following things, that is to say-
(a) to enter, inspect and examine, by day or by night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day any place which he has reasonable cause to believe to be a factory, and any part of the building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used;
(b) to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
(c) to require the production of the registers, certificates, notices and documents kept in pursuance of this Act and to inspect, examine and copy any of them;
(d) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with;
(e) to require any person whom he finds in a factory to give such information as it is in his power to give as to who is the occupier of the factory;
(f) to examine any person, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, and to require every such person to sign a declaration of the truth of the matters respecting which he is so examined; so however, that no one shall be required under this provision to answer any question or to give any evidence tending to incriminate himself;
(g) in the case of an inspector who is a registered medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the provisions of this Act;
(h) to carry out such examinations, test and analysis in order to give effect to this Act and take instant photographs in any factory;
(i) to exercise such other powers as may be necessary for giving effect to the provisions of this Act.
(2) The owner or occupier or agent of the owner or occupier shall certify or endorse any instant photograph in pursuance of subsection (1) (h) of this section at the time it is taken but refusal to certify or endorse by the owner, occupier or his agent shall not invalidate the authenticity of the photograph.
(3) The occupier of every factory, his agent and servants, shall furnish the means required by an inspector, as necessary for any entry, inspection, examination, inquiry or the taking of samples, or otherwise for the exercise of his powers under the provisions of this Act in relation to that factory.
(4) If any person wilfully delays an inspector in the exercise of any power under this section or fails to comply with the requisition of an inspector in pursuance of this section or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals or prevents or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under the provisions of this Act.
(5) Where an inspector is obstructed in the execution of his powers or duties under the provisions of this Act, the person obstructing him shall be guilty of an offence and shall be liable on conviction to a fine not exceeding N1,000 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; and where an inspector is so obstructed in a factory, the occupier of the factory shall be guilty of an offence.
(6) Any notice or certificate issued by the Director of Factories under the provisions of this Act may be issued for a limited period or without limitation of period and may be varied or revoked by the Director of Factories:
Provided that this section shall not apply as respects any certificate of registration of a factory issued by the Director of Factories under the provisions of Part I of this Act.
Cite this section
Section 65, FACTORIES ACT (1987).
https://repo.podus.ai/laws/factories-act/section/65/