Powers and duties of Inspectors under Maternity Act

An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely:

  • enter at all reasonable times with such assistants
  • any premises or place where woman are employed or work is given to them in an establishment, for the purposes of investigative any registers, records and notices required to be kept or exhibited by or under this Act and required their production for inspection;
  • inspect any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment:
  • Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself; require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received from them under this Act; and
  • Take copies of any registered and records or notices or any portions thereof.
  • if employer has discharged or dismissed any woman during of her absence from work may make a complaint to the Inspector
  • The Inspector may, of his own motion or on receipt of a complaint referred, make an inquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders;
  • Any person aggrieved by the decision of the Inspector may, within thirty days from the date on which such decision is communicated to such persons, appeal to the prescribed authority.
  • The Inspector where no such appeal has been preferred shall be final.
  • Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that amount by the Inspector as an arrear of land revenue.

Highlights of Maternity Act:

  • The Maternity Benefit Act, 1961 regulates employment of women in certain establishments for a certain period before and after childbirth and provides for maternity and other benefits. Such benefits are aimed to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working
  • Maternity benefit means the payment referred to in sub-section (1) of section 5 .
  • Employer shall not knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy
  • Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day

Relevant Blog:

  • HR Generalist Practical Training
  • Labor Law Training
  • PoSH Training
  • Advance Excel Training
  • Corporate Training ( PoSH, Awareness Program, Soft Skill Training, HR Training, etc…)
  • PF-ESI Registration
  • Payroll Training

Leave a Reply

%d bloggers like this: