Section 85 of The Industrial Relations Code, 2020
- (1)Notwithstanding anything contained in section 84, for the purpose of imposing penalty under subsections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding enquiry in such manner, as may be prescribed by the Central Government.
- (2)While holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in accordance with such provisions.
- (3)Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupees.
Summary
- The government can appoint officers to hold inquiries and impose fines for certain violations.
- These officers must be at least the rank of Under Secretary (or equivalent in State government).
- They have the power to summon people to give evidence and demand that documents be shown.
- This procedure handles specific penalties, such as those for unfair labour practices or failing to submit standing orders (workplace rules).
Practical examples
FAQ
1. Who are these officers?
They are senior government officials (rank of Under Secretary or higher) appointed specifically to hold inquiries and impose penalties.
2. Can they force me to come to an inquiry?
Yes, they have the power to summon and enforce the attendance of any person who knows about the facts of the case.
Test yourself
Q1.Under Section 85 of The Industrial Relations Code, 2020, what is the minimum rank required for an officer to be appointed to impose penalties?
Q2.Under Section 85 of The Industrial Relations Code, 2020, what is the penalty for failing to pay a fine imposed by the officer within 90 days?
Q3.Under Section 85 of The Industrial Relations Code, 2020, which power does the inquiry officer NOT have?
Q4.Under Section 85 of The Industrial Relations Code, 2020, which other provision does the officer help enforce by imposing penalties for "unfair labour practices"?