Explain the power and functions of an inspector appointed under the Payment of Wages Act, 1936.

Question: Explain the power and functions of an inspector appointed under the Payment of Wages Act, 1936.

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Answer

The Payment of Wages Act, 1936 is legislation enacted in India to regulate the payment of wages to certain categories of employees. The Act mandates timely payment of wages, prevents unauthorized deductions from wages, and ensures that workers are paid the correct amount of wages due to them.

Section 19 of the Payment of Wages Act, 1936 deals with the appointment of inspectors. This section empowers the appropriate government to appoint inspectors for the purposes of the Act. The government may appoint any person who is qualified to be a judicial officer or has experience in matters related to labour laws as an inspector.

According to sub-section (1) of the Factories Act, 1948, ‘The State Government can appoint individuals who possess the prescribed qualification as Inspectors for the purposes of the Act.’

Further, the State Government needs to give a notification in the Official Gazette and may assign to the inspectors such local limits as it may think fit.

In the Payment of Wages Act, 1936, the Inspector of Factories appointed as per the sub-section mentioned above is an Inspector in respect of all factories within local limits assigned to him.

Further, the Appropriate Government can appoint Inspectors for the purposes of this Act in respect of all employed persons in railways (except those in a factory) to whom this Act applies.

Also, the Appropriate Government must give a notification in the Official Gazette before appointing such persons as Inspectors.

The power and functions of an inspector appointed under section 19 of the Payment of Wages Act, 1936 are as follows:

Inspection: The inspector has the power to inspect any place where employees are employed, and wages are payable. This includes factories, shops, and other establishments. During an inspection, the inspector can examine the books, registers, and other documents maintained by the employer to verify the correctness of the wages paid.

Investigation: The inspector has the power to investigate complaints made by employees regarding the non-payment or underpayment of wages. The inspector may also inquire into any other matter relating to the payment of wages that comes to his notice during the course of an inspection.

Issuing orders: If, after an inspection or investigation, the inspector is satisfied that the employer has violated any provision of the Payment of Wages Act, 1936, he may issue an order directing the employer to comply with the Act. The inspector may also direct the employer to pay any arrears of wages due to the employees.

Prosecution: If the inspector finds that the employer has committed a serious offence, he may initiate prosecution proceedings against the employer. The inspector may file a complaint before a magistrate, who may then try the case.

Power of entry and search: The inspector has the power to enter any premises where employees are employed, and wages are payable, at any reasonable time. He may search the premises and seize any books, registers, or other documents that he believes are necessary for the purpose of the Act.

Imparting knowledge: The inspector may impart knowledge to employers and employees about the provisions of the Payment of Wages Act, 1936. He may also educate them about their rights and obligations under the Act.

In conclusion, the power and functions of an inspector appointed under section 19 of the Payment of Wages Act, 1936 are wide-ranging and extensive. The inspector plays a crucial role in ensuring that employers comply with the provisions of the Act and that employees receive their due wages in a timely and accurate manner.