Powers and Duties of Inspector under the Maternity Benefit Act, 1961

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE 

Dr. TANMOY MUKHERJI

ADVOCATE 

Powers and Duties of Inspector under the Maternity Benefit Act, 1961-

Tanmoy Mukherji

Advocate

Sections 14 to 17 of the Maternity Benefit Act, 1961 deal with the appointment, powers, and duties of Inspectors for effective enforcement of the Act.

The Inspector acts as a watch-dog authority to ensure compliance with maternity welfare provisions.

Appointment of Inspector (Section 14)-

→The appropriate Government may appoint Inspectors for specified local limits.

→Inspectors are deemed to be public servants under IPC.

Reference Case-

Powers of the Inspector (Section 15)-

1. Power to Enter and Inspect Establishments-

→May enter at reasonable hours any establishment to which the Act applies.

→Can examine whether provisions of the Act are being complied with.

Reference Case-

2. Power to Examine Records and Registers-

3. Power to Examine and Question Persons-

Reference Case-

4. Power to Call for Information-

 

5. Power to Make Copies or Take Extracts-

→Can take copies or extracts from any register or document.

6. Power to Direct Payment of Maternity Benefits (Section 17)-

→Inspector may direct payment of maternity benefit, medical bonus, or other dues.

→Direction is binding unless challenged before competent authority.

Reference Case-

Duties of the Inspector-

1. Duty to Ensure Proper Implementation of the Act-

2. Duty to Investigate Complaints-

Reference Case-

3. Duty to Prevent Illegal Employment During Prohibited Period-

4. Duty to Advise and Educate Employers-

5. Duty to Initiate Prosecution (Section 23)-

Reference Case-

Legal Protection to Inspector (Section 16)-

→No suit or legal proceeding lies against Inspector for acts done in good faith.

Reference Case

Inspector as Quasi-Judicial Authority-

→While directing payment, Inspector performs a quasi-judicial function.

Reference Case

The Inspector under the Maternity Benefit Act plays a pivotal role in enforcing maternity welfare provisions. Equipped with wide powers of inspection, inquiry, and enforcement, and coupled with corresponding duties, the Inspector ensures that the objectives of the Act are effectively achieved and the dignity of working women is protected.