Rule 40: Duties of Inspector-cum-Facilitator

Finin2min analysis — operative rule mechanics

Full notified text — Rule 40

40. Duties of Inspector-cum-Facilitator.–(1) (a) The competent authority shall be responsible for
the administration of these rules within their respective areas notified by the Central Government.

(b) Every Inspector-cum-Facilitator shall discharge his duties within the area assigned to him by the
Central Government and shall act under the supervision and control of the competent authority.

(c) Every Inspector-cum-Facilitator shall at each inspection of an establishment see—

        (i) whether due action has been taken on every notice given under section 62;

        (ii) whether the register of women employees referred to in rule 53 is correctly maintained;

        (iii) whether there have been any cases of discharge or dismissal or notices of discharge or
        dismissal in contravention of the provisions of section 68 since the last inspection;

        (iv) whether the provisions of sub-section (1) of section 59, sub-sections (5) and (6) of section
        62, sections 64, 65, 66, 67, 69 and 71 have been complied with and whether amounts due
        have been paid within the time as per the relevant provisions of the Code and rules made by
        the Central Government;

        (v) whether there have been any cases of deprival of maternity benefit or medical bonus as
        referred to in sub-section (2) of section 68; and

        (vi) how far the irregularities pointed out at previous inspections have been remedied and how
        far orders previously issued have been complied with.

(d) Where an Inspector-cum-Facilitator observes any irregularity against the Code or the rules, he
shall issue an order in writing electronically or otherwise to the employer asking the employer to
rectify the irregularities within a period of fifteen days from the date of receipt of the order and report
compliance to the Inspector-cum-Facilitator.

(2) The employer shall supply to every woman employed by him at her request free of cost copies of
Forms-X, XI, XII, XIII-A and XIII-B.

(3) Nothing in sub-rule (2) of rule 35 and sub-rules (1) and (2) of rule 39 shall affect the right of a
woman entitled to receive maternity benefit or any other amount due under the Code if she fails to
submit a notice, appeal or complaint under the said rules, as the case may be, in a form specified for
such purpose:

        Provided that where a notice, appeal or complaint under the said rules has been submitted by
a woman entitled to receive maternity benefit or any other amount due under the Code in a form other
than the form specified for such purpose, the authority concerned may, within fifteen days of the
receipt of such notice, appeal or complaint require the woman to submit the notice, appeal or
complaint, as the case may be, in the form specified for such purpose.

(4) The abstract of the provisions of Chapter VI of the Code and the Central rules made there under
required to be exhibited under section 71 shall be in Form-XIV, and shall be exhibited in such manner
as the competent authority may require.

                                           CHAPTER VII

         SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER
                          CONSTRUCTION WORKERS

Application and evidence

1. Primary statutory test — (1) (a) The competent authority shall be responsible for the administration of these rules within their respective areas notified by the Central Government.
2. Additional operative limb — (b) Every Inspector-cum-Facilitator shall discharge his duties within the area assigned to him by the Central Government and shall act under the supervision and control of the competent authority.
3. Qualification / exception to test — Provided that where a notice, appeal or complaint under the said rules has been submitted by a woman entitled to receive maternity benefit or any other amount due under the Code in a form other than the form specified for such purpose, the authority concerned may, within fifteen days of the receipt of such notice, appeal or complaint require the woman to…
4. Numerical or timing control — (d) Where an Inspector-cum-Facilitator observes any irregularity against the Code or the rules, he shall issue an order in writing electronically or otherwise to the employer asking the employer to rectify the irregularities within a period of fifteen days from the date of receipt of the order and report compliance to the Inspector-cum-Facilitator.
5. Code Section mapping — 71, 72. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Prescribed-form link recorded in the corpus — XIV. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Worked example

Q&A — Rule 40

Primary sources