Section 78: Obstruction of Authorities and Inspectors

Overview

Section 78 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 ensures that authorities responsible for administering and overseeing all the schemes under the Code (including those mentioned above) can effectively carry out their duties. This section is crucial for maintaining the integrity and smooth functioning of the social security system as a whole.

Who is Covered?

• This section applies to all establishments and employees covered under the Code on Social Security, 2020. This includes those covered by the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the Employees’ State Insurance Act, 1948, and other related legislation consolidated within the Code.
• There are no specific eligibility conditions related to length of service or wage limits for the application of this section; it applies to anyone who might impede an inspection or investigation related to the Code.

Benefits and Contributions

Section 78 doesn’t relate to benefits or contributions themselves. It’s a procedural and enforcement provision. The benefits and contributions are governed by the specific chapters dealing with each scheme (e.g., Provident Fund, ESI).

Procedure and Compliance

Compliance with Section 78 is straightforward: cooperate fully with inspectors and authorities when they are performing their duties under the Code. This means:

1. Allowing access to premises for inspection.
2. Providing requested documents and records.
3. Answering lawful questions truthfully.
4. Not interfering with inspections or audits in any way.

Failure to comply can result in penalties as outlined within the Code.

Practical Examples

• Example 1: An ESI inspector visits a factory to conduct a routine inspection. The factory manager refuses to allow the inspector access to employee records. This constitutes an obstruction of authority under Section 78 and can lead to penalties.
• Example 2: During a Provident Fund audit, an employer attempts to intimidate an inspector by making threats. This is a clear violation of Section 78, as it involves intimidation of an authority.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.