CODE ON SOCIAL SECURITY, 2020

Table of ContentsContent

Preamble - CODE ON SOCIAL SECURITY, 2020

Chapter I - PRELIMINARY

Section 1 - Short title, extent, commencement and application

Section 2 - Definitions

Section 3 - Registration and cancellation of an establishment

Chapter II - SOCIAL SECURITY ORGANISATIONS

Section 4 - Constitution of Board of Trustees of Employees’ Provident Fund

Section 5 - Constitution of Employees’ State Insurance Corporation

Section 6 - National Social Security Board and State Unorganised Workers’ Board

Section 7 - Constitution of State Building Workers’ Welfare Boards

Section 8 - Disqualification and removal of a member of any Social Security Organisation

Section 9 - Procedure for transaction of business of Social Security Organisation, etc

Section 10 - Executive Heads of Central Board and Corporation

Section 11 - Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers’ Board or the Building Workers’ Welfare Board

Section 12 - State Board, Regional Boards, local committees, etc

Section 13 - Entrustment of additional functions to Social Security Organisations

Chapter III - EMPLOYEES' PROVIDENT FUND

Section 14 - Appointment of officers of Central Board

Section 15 - Schemes

Section 16 - Funds

Section 17 - Contribution in respect of employees and contractors

Section 18 - Fund to be recognised under Act 43 of 1961

Section 19 - Priority of payment of contributions over other debts

Section 20 - Chapter not to apply to certain establishments

Section 21 - Authorising certain employers to maintain provident fund accounts

Section 22 - Transfer of accounts

Section 23 - Appeal to Tribunal

Chapter IV - EMPLOYEES STATE INSURANCE CORPORATION

Section 24 - Principal Officers and other staff

Section 25 - Employees’ State Insurance Fund

Section 26 - Purposes for which Employees’ State Insurance Fund may be expended

Section 27 - Holding of property, etc

Section 28 - All employees to be insured

Section 29 - Contributions

Section 30 - Administrative expenses

Section 31 - Provisions as to payment of contributions by employer, etc

Section 32 - Benefits

Section 33 - Corporation’s power to promote measures for health, etc., of Insured Persons

Section 34 - Presumption as to accident arising in course of employment

Section 35 - Accidents happening while acting in breach of law, etc

Section 36 - Occupational disease

Section 37 - References to medical board

Section 38 - Dependants' benefit

Section 39 - Medical benefit

Section 40 - Provision of medical treatment by State Government or by Corporation

Section 41 - General provisions as to benefits

Section 42 - Corporation’s rights when an employer fails to register, etc

Section 43 - Liability of owner or occupier of factories, etc., for excessive sickness benefit

Section 44 - Scheme for other beneficiaries

Section 45 - Schemes for unorganised workers, gig workers and platform workers

Section 46 - Exemption of factories or other establishments belonging to Government or any local authority

Section 47 - Contributions, etc., due to Corporation to have priority over other debts

Section 48 - Constitution of Employees’ Insurance Court

Section 49 - Matters to be decided by Employees’ Insurance Court

Section 50 - Powers of Employees’ Insurance Court

Section 51 - Proceedings of Employees’ Insurance Courts

Section 52 - Appeal to High Court

Chapter V - GRATUITY

Section 53 - Payment of gratuity

Section 54 - Continuous service

Section 55 - Nomination

Section 56 - Determination of amount of gratuity

Section 57 - Compulsory insurance

Section 58 - Competent authority

Chapter VI - MATERNITY BENEFIT

Section 59 - Employment of, or work by, women prohibited during certain period

Section 60 - Right to payment of maternity benefit

Section 61 - Continuance of payment of maternity benefit in certain cases

Section 62 - Notice of claim for maternity benefit and payment thereof

Section 63 - Payment of maternity benefit in case of death of a woman

Section 64 - Payment of medical bonus

Section 65 - Leave for miscarriage, etc

Section 66 - Nursing breaks

Section 67 - Creche facility

Section 68 - Dismissal for absence during pregnancy

Section 69 - No deduction of wages in certain cases

Section 70 - Forfeiture of maternity benefit

Section 71 - Duties of employer

Section 72 - Power of Inspector-cum-Facilitator to direct payments to be made

Chapter VII - EMPLOYEE'S COMPENSATION

Section 73 - Reports of fatal accidents and serious bodily injuries

Section 74 - Employer’s liability for compensation

Section 75 - Compensation in case of death of or injury in plantation

Section 76 - Amount of compensation

Section 77 - Compensation to be paid when due and damages for default

Section 78 - Method of calculating monthly wages for purposes of compensation

Section 79 - Review

Section 80 - Commutation of half-monthly payments

Section 81 - Distribution of compensation

Section 82 - Notice and claim

Section 83 - Special provisions relating to accidents occurring outside Indian territory

Section 84 - Medical examination

Section 85 - Contracting

Section 86 - Remedies of employer against stranger

Section 87 - Insolvency of employer

Section 88 - Power to require from employers statements regarding fatal accidents

Section 89 - Registration of agreements

Section 90 - Reference to competent authority

Section 91 - Appointment of competent authority

Section 92 - Venue of proceedings and transfer

Section 93 - Form of application

Section 94 - Power of competent authority to require further deposit in cases of fatal accident

Section 95 - Powers and procedure of competent authority

Section 96 - Appearance of parties

Section 97 - Method of recording evidence

Section 98 - Power to submit cases

Section 99 - Appeal against order of competent authority

Chapter VIII - SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS

Section 100 - Levy and collection of cess

Section 101 - Interest payable on delay in payment of cess

Section 102 - Power to exempt from cess

Section 103 - Self-assessment of cess

Section 104 - Penalty for non-payment of cess within the specified time

Section 105 - Appeal to appellate authority

Section 106 - Registration of building workers as beneficiaries

Section 107 - Cessation as a beneficiary

Section 108 - Building and Other Construction Workers’ Welfare Fund and its application

Chapter IX - SOCIAL SECURITY FOR UNORGANISED WORKERS, GIG WORKERS AND PLATFORM WORKERS

Section 109 - Framing of schemes for unorganised workers

Section 110 - Funding of State Government schemes

Section 111 - Record keeping

Section 112 - Helpline, facilitation centre, etc., for unorganised workers, gig workers and platform workers

Section 113 - Registration of unorganised workers, gig workers and platform workers

Section 114 - Schemes for gig workers and platform workers

Chapter X - FINANCE AND ACCOUNTS

Section 115 - Accounts

Section 116 - Audit

Section 117 - Budget estimates

Section 118 - Annual report

Section 119 - Valuation of assets and liabilities

Section 120 - Holding of property, etc., by Social Security Organisation

Section 121 - Writing off of losses

Chapter XI - AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY

Section 122 - Appointment of Inspector-cum-Facilitators and their powers

Section 123 - Maintenance of records, registers, returns, etc

Section 124 - Employer not to reduce wages, etc

Section 125 - Assessment and determination of dues from employer

Section 126 - Appeal against order of Authorised Officer relating to Chapter IV

Section 127 - Interest on amount due

Section 128 - Power to recover damages

Section 129 - Recovery of amount due

Section 130 - Validity of certificate and amendment thereof

Section 131 - Other modes of recovery

Section 132 - Application of certain provisions of Income-tax Act

Chapter XII - OFFENCES AND PENALTIES

Section 133 - Penalty for failure to pay contributions, etc

Section 134 - Enhanced punishment in certain cases after previous conviction

Section 135 - Offences by companies

Section 136 - Cognizance of offences

Section 137 - Prior opportunity before prosecution

Section 138 - Compounding of offences

Chapter XIII - EMPLOYMENT INFORMATION AND MONITORING

Section 139 - Reporting of vacancies to career centres

Section 140 - Exclusions from application of this Chapter

Chapter XIV - MISCELLANEOUS

Section 141 - Social Security Fund

Section 142 - Application of Aadhaar

Section 143 - Power to exempt establishment

Section 144 - Power to defer or reduce

Section 145 - Liability in case of transfer of establishment

Section 146 - Members, officers and staff to be public servants

Section 147 - Protection of action taken in good faith

Section 148 - Misuse of benefits

Section 149 - Power of Central Government to give directions to State Government and Social Security Organisations

Section 150 - Power to frame schemes

Section 151 - Protection against attachment, etc

Section 152 - Power to amend Schedule

Section 153 - Transitional provisions

Section 154 - Power of appropriate Government to make rules

Section 155 - Power of Central Government to make rules

Section 156 - Power of State Government to make rules

Section 157 - Power of Corporation to make regulations

Section 158 - Prior publication of rules, regulations, etc

Section 159 - Rules to give effect to arrangements with other countries for the transfer of money paid as compensation

Section 160 - Laying of rules, regulations and schemes, etc

Section 161 - Effect of laws and agreements inconsistent with this Code

Section 162 - Delegation of powers

Section 163 - Power to remove difficulties

Section 164 - Repeal and savings

Schedule I - FIRST SCHEDULE

Schedule II - SECOND SCHEDULE

Schedule III - THIRD SCHEDULE

Schedule IV - FOURTH SCHEDULE

Schedule V - FIFTH SCHEDULE

Schedule VI - SIXTH SCHEDULE

Schedule VII - SEVENTH SCHEDULE

Statement of Objects and Reasons - CODE ON SOCIAL SECURITY, 2020

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