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Section 71: Duties of Inspector-cum-Facilitator for maternity rights

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Maternity Benefit
Competent Labour Forum
Act No. 36 of 2020
Section 70 All 163 Sections of Code on Social Security, 2020 Section 72

Legal Commentary & Landmark Judgments: Section 71

Section 71 of the Code defines the powers and duties of the Inspector-cum-Facilitator for enforcing maternity rights, empowering officers to inspect records, investigate complaints of unlawful dismissal, and direct immediate disbursement of withheld maternity benefits.

  • Statutory Oversight of Maternity Compliance: Empowers the Inspector-cum-Facilitator to inspect employee registers, crèche facilities, and payroll ledgers to verify timely maternity disbursements.
  • Summary Order Directing Payment of Withheld Wages: Authorizes the inspector to conduct an inquiry into complaints of non-payment and issue binding directions ordering the employer to pay maternity wages within thirty days.
  • Sanctions for Prosecuting Delinquent Employers: Empowers the inspector to file criminal complaints under Section 133 against employers who willfully deny maternity leave or dismiss pregnant workers.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000) 3 SCC 224: Supreme Court emphasized that labor regulatory authorities must proactively intervene to enforce maternity benefits for vulnerable female laborers.
  • Dr. Kavita Yadav v. Secretary, Ministry of Health (2024) 1 SCC 421: Affirmed the authority of statutory inspectors to order full financial restitution for pregnant contractual staff.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Affirmed the supervisory and quasi-judicial authority of statutory labor inspectors.
Courtroom Practice & Strategic Litigation Guidance:

Upon receiving an inspector's inquiry notice regarding a maternity claim, immediately produce the payroll records, leave approval documents, and bank transfer receipts. Rectifying any accidental deduction immediately avoids prosecution under Section 133.

Section 70 All 163 Sections of Code on Social Security, 2020 Section 72