Section 33
Functions, Duties And Powers Of Inspection Officer
(1) If there is reasonable ground to believe that the unsafe goods having adverse effect or sub-standard goods are being produced or sold, or services have been provided, or any acts are being done contrary to this Act and the rules framed under this Act, the Inspection Officer may, by entering into such a place at any time as necessary, inspect, inquire or search, arrest the person who commits such act and hold such a person in detention for seven days with the permission of the case trying authority.
(2) In the course of inspection, inquiry or search pursuant to sub-section (1), necessary description, information or statement may be taken from the producer, importer, carrier, hoarder, seller, service provider or other related person.
(3) While carrying out inspection, investigation or search pursuant to sub-section (2), if it seems unsafe, affected goods or goods having no quality are being produced or sold and distributed, or service provided or activities are contrary to this Act and the rules framed under this Act, the Inspection Officer may impose restriction on producing or selling and distribution of such goods or providing services for prescribed period by taking samples of such goods as prescribed.
(4) A testing list of the goods or services shall have to be prepared as prescribed for the purpose of carrying out market inspection or inquiry pursuant to sub-section (1).
(5) If it is not found to be in accordance with the testing list pursuant to sub-section (4), the Inspection Officer may immediately impose the fine referred to in Section 39 with restriction on the sale and distribution of such goods.
(6) The report relating to the functions carried out by the Inspection Officer pursuant to sub-section (2) shall have to be submitted to the Department within seven days.
(7) If a fine is imposed pursuant to sub-section (5) in the report pursuant to Sub-section (6), report shall have to be prepared by specifying such details as well.
(8) If it seems appropriate to give any order immediately to the producer or seller in course of inspection or inquiry, the Inspection Officer may give such an order or do such other act as appropriate.
(9) The procedures to be adopted by the Inspection Officer while carrying out inspection, inquiry or search shall be as prescribed.
(10) The Inspection Officer may, while carrying out inspection, inquiry or search, if it seems that any legal action is required to be taken against any producer, seller, send it to the Department by mentioning such details in the report as well, or to other bodies concerned with the reason if needed.
(11) The provisions relating to other functions, duties and powers of the Inspection Officer and the implementation of the report furnished by the Inspection Officer shall be as prescribed.