Section 97: Submission of Inspector Reports

Overview

Section 97 of the Code on Social Security, 2020, doesn’t directly deal with a specific social security benefit like Provident Fund, ESI, gratuity, or maternity benefit. Instead, it focuses on the *enforcement* of the entire Code. It outlines the procedure for inspectors-cum-facilitators to report their findings during inspections related to all schemes covered under the Code. This ensures that compliance with social security laws is monitored effectively and any violations are addressed promptly. It’s a procedural section vital for the overall functioning of the Code.

Who is Covered?

• This section applies to inspectors-cum-facilitators appointed under the Code on Social Security, 2020.
• It indirectly covers all establishments and employees covered by the various social security schemes under the Code, as inspections are conducted to ensure their compliance. This includes establishments dealing with Provident Fund, Employee State Insurance, Gratuity, Maternity Benefit, and other applicable schemes.
• There are no specific eligibility conditions for employees or establishments *under this section* itself; the eligibility criteria are defined within the individual schemes (e.g., wage limits for Provident Fund).

Benefits and Contributions

Section 97 itself doesn’t provide any direct benefits or contributions. Its purpose is to ensure that the benefits and contributions outlined in other sections of the Code are correctly implemented and administered. By ensuring accurate reporting of inspections, it safeguards the rights of employees and ensures employers fulfill their obligations.

Procedure and Compliance

The procedure outlined in Section 97 is straightforward:

1. Inspections, Audits & Inquiries: Inspectors-cum-facilitators conduct inspections, audits, and inquiries at establishments to verify compliance with the Code.
2. Report Preparation: Following each inspection, audit, or inquiry, the inspector must prepare a detailed report of their findings.
3. Digital Submission: These reports must be submitted digitally.
4. Centralised System: The digital reports are integrated into a centralised compliance monitoring system. This system allows for tracking, analysis, and timely corrective action.

This digital submission and centralised system are key to improving transparency and accountability in the enforcement of social security laws.

Practical Examples

• Example 1: Routine Inspection: An inspector visits a factory to verify Provident Fund contributions. They find that contributions are being made regularly and accurately. The inspector prepares a digital report confirming compliance, which is uploaded to the centralised system.
• Example 2: Non-Compliance: An inspector visits a shop and discovers that the employer is not providing maternity benefits to eligible employees. The inspector prepares a detailed report outlining the violation, including evidence. This report is submitted digitally, triggering a notice to the employer and potential penalties.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and Section 97 specifically. It should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.