The Payment of Gratuity (Amendment) Act, 1984 has added two new Sections i.e. Sec, 7-A and Sec. 7-B to the original Act dealing with the appointment of Inspectors for the purpose of the Act and their powers.
Appointment of Inspectors [Sec. 7-A]:
The appropriate Government may, by notification, appoint as many Inspectors as it deems fit, for the purpose the Act. The appropriate Government may by general or special order, define the area to which the authority of an Inspector so appointed shall extend.
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ADVERTISEMENTS:
Where two or more Inspectors are appointed for the same area, it may also define by such order, the distribution or allocation of work to be performed by them under the Act. Every inspector appointed under the Act shall be deemed to be a public servant, within the meaning of Sec 1. of the Indian Penal Code.
Powers of Inspectors:
Subject to any rules made by the appropriate Government under the Act, an Inspector may, for the purpose of ascertaining whether any of the provisions of the act or the conditions, if any, of the exemptions granted there under, have been complied with, exercise all or any of the powers given below –
1. Require an employer to furnish any information as he may consider necessary.
2. enter and inspect at all reasonable hours, with such assistants being person in service of the Government, or local or any public authority, as he thinks fit, any premises or place in factory, mine, oilfield, plantation, port, railway company, shop and other establishment to which this Act applies for the purpose of examining any register, record or notice or, Other documents required to be kept or exhibited under this Act or the rules made there under, or otherwise kept or exhibited in relation to the employment of any person or the payment of gratuity to the employees. He may require the production of any register record or notice for inspection.
ADVERTISEMENTS:
3. Examine with respect to any matter relevant to any of the purpose mentioned above, the employer of any person whom he finds in such premises or place, and who, he has sufficient cause to believe, is an employee employed therein;
4. make copies of, or take extracts from, any register, record, notice or other relevant documents, where he has reason to believe that any offence under the Act has been committed by the employer, search or seizure under this Act, as they apply to any search and seize with the assistance as he thinks fit, any register, record, notice or document, as he considers relevant in respect of that offence;
5. Exercise such other powers as may be prescribed. Any person required by an Inspector to produce any register, record, notice or other document or to give any information, he shall be legally bound to do so within the meaning of Sees, 175 and 176 of the Indian Penal Code. The provisions of the Code of Criminal Procedure so far as may be shall apply to any search and seizure made under the authority of a warrant issued under Sec. 94 of that Code.