Labour Codes
The Code on Social Security, 2020
Act 36 of 2020 · 164 sections
Practise questions on Labour & Industrial Law
Title, date and preamble
[28th September, 2020.]
An Act to amend and consolidate the laws relating to social security with the goal to extend social
security to all employees and workers either in the organised or unorganised or any other
sectors and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II SOCIAL SECURITY ORGANISATIONS
- 4.Constitution of Board of Trustees of Employees’ Provident Fund
- 5.Constitution of Employees’ State Insurance Corporation
- 6.National Social Security Board and State Unorganised Workers’ Board
- 7.Constitution of State Building Workers’ Welfare Boards
- 8.Disqualification and removal of a member of any Social Security Organisation
- 9.Procedure for transaction of business of Social Security Organisation, etc
- 10.Executive Heads of Central Board and Corporation
- 11.Supersession of Corporation, Central Board National Social Security Board or State Unorganised Workers’ Board or the Building Workers’ Welfare Board
- 12.State Board, Regional Boards, local committees etc
- 13.Entrustment of additional functions to Social Security Organisations
CHAPTER III EMPLOYEES’ PROVIDENT FUND
- 14.Appointment of officers of Central Board
- 15.Schemes
- 16.Funds
- 17.Contribution in respect of employees and contractors
- 18.Fund to be recognized under Act 43 of 1961
- 19.Priority of payment of contributions over other debts
- 20.Chapter not to apply to certain establishments
- 21.Authorising certain employer to maintain provident fund accounts
- 22.Transfer of accounts
- 23.Appeal to Tribunal
CHAPTER IV EMPLOYEES STATE INSURANCE CORPORATION
- 24.Principal Officers and other staff
- 25.Employees’ State Insurance Fund
- 26.Purposes for which Employees’ State Insurance Fund may be expended
- 27.Holding of property, etc
- 28.All employees to be insured
- 29.Contributions
- 30.Administrative expenses
- 31.Provisions as to payment of contributions by employer etc
- 32.Benefits
- 33.Corporation’s power to promote measures for health, etc., of Insured Persons
- 34.Presumption as to accident arising in course of employment
- 35.Accidents happening while acting in breach of law etc
- 36.Occupational disease
- 37.References to medical board
- 38.Dependants’ benefit
- 39.Medical benefit
- 40.Provision of medical treatment by State Government or by Corporation
- 41.General provisions as to benefits
- 42.Corporation’s rights when an employer fails to register, etc
- 43.Liability of owner or occupier of factories, etc., for excessive sickness benefit
- 44.Scheme for other beneficiaries
- 45.Schemes for unorganized workers, gig workers and platform workers
- 46.Exemption of factories or other establishments belonging to Government or any local authority
- 47.Contributions, etc., due to Corporation to have priority over other debts
- 48.Constitution of Employees’ Insurance Court
- 49.Matters to be decided by Employees’ Insurance Court
- 50.Powers of Employees’ Insurance Court
- 51.Proceedings of Employees’ Insurance Courts
- 52.Appeal to High Court
CHAPTER V GRATUITY
CHAPTER VI MATERNITY BENEFIT
- 59.Employment of, or work by, women prohibited during certain period
- 60.Right to payment of maternity benefit
- 61.Continuance of payment of maternity benefit in certain cases
- 62.Notice of claim for maternity benefit and payment thereof
- 63.Payment of maternity benefit in case of death of a woman
- 64.Payment of medical bonus
- 65.Leave for miscarriage etc
- 66.Nursing breaks
- 67.Creche facility
- 68.Dismissal for absence during pregnancy
- 69.No deduction of wages in certain cases
- 70.Forfeiture of maternity benefit
- 71.Duties of employer
- 72.Power of Inspector-cum-Facilitator to direct payments to be made
CHAPTER VII EMPLOYEE'S COMPENSATION
- 73.Reports of fatal accidents and serious bodily injuries
- 74.Employer’s liability for compensation
- 75.Compensation in case of death of or injury in plantation
- 76.Amount of compensation
- 77.Compensation to be paid when due and damages for default
- 78.Method of calculating monthly wages for purposes of compensation
- 79.Review
- 80.Commutation of half-monthly payments
- 81.Distribution of compensation
- 82.Notice and claim
- 83.Special provisions relating to accidents occurring outside Indian territory
- 84.Medical examination
- 85.Contracting
- 86.Remedies of employer against stranger
- 87.Insolvency of employer
- 88.Power to required from employers statements regarding fatal accidents
- 89.Registration of agreements
- 90.Reference to competent authority
- 91.Appointment of competent authority
- 92.Venue of proceedings and transfer
- 93.Form of application
- 94.Power of competent authority to require further deposit in cases of fatal accident
- 95.Powers and procedure of competent authority
- 96.Appearance of parties
- 97.Method of recording evidence
- 98.Power to submit cases
- 99.Appeal against order of competent authority
CHAPTER VIII SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS
- 100.Levy and collection of cess
- 101.Interest payable on delay in payment of cess
- 102.Power to exempt from cess
- 103.Self-assessment of cess
- 104.Penalty for non-payment of cess within the specified time
- 105.Appeal to appellate authority
- 106.Registration of building workers as beneficiaries
- 107.Cessation as a beneficiary
- 108.Building and Other Construction Workers’ Welfare Fund and its application
CHAPTER IX SOCIAL SECURITY FOR UNORGANISED WORKERS, GIG WORKERS AND PLATFORM WORKERS
- 109.Framing of schemes for unorganized workers
- 110.Funding of State Government schemes
- 111.Record keeping
- 112.Helpline, facilitation centre, etc., for unorganized workers, gig workers and platform workers
- 113.Registration of unorganized workers, gig workers and platform workers
- 114.Schemes for gig works and platform workers
CHAPTER X FINANCE AND ACCOUNTS
CHAPTER XI AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY
- 122.Appointment of Inspector-cum
- 123.Maintenance of records, registers, returns, etc
- 124.Employer not to reduce wages, etc
- 125.Assessment and determination of dues from employer
- 126.Appeal against order of Authorised Officer relating to Chapter IV
- 127.Interest on amount due
- 128.Power to recover damages
- 129.Recovery of amount due
- 130.Validity of certificate and amendment thereof
- 131.other modes of recovery
- 132.Application of certain provisions of Income-tax Act
CHAPTER XII OFFENCES AND PENALTIES
CHAPTER XIII EMPLOYMENT INFORMATION AND MONITORING
CHAPTER XIV MISCELLANEOUS
- 141.Social Security Fund
- 142.Application of Aadhaar
- 143.Power to exempt establishment
- 144.Power to defer or reduce
- 145.Liability in case of transfer of establishment
- 146.Members officers and staff to be public servants
- 147.Protection of action taken in good faith
- 148.Misuse of benefits
- 149.Power of Central Government to give directions to State Government and Social Security Organisations
- 150.Power to frame schemes
- 151.Protection against attachment etc
- 152.Power to amend Schedule
- 153.Transitional provisions
- 154.Power of appropriate Government to make rules
- 155.Power of Central Government to make rules
- 156.Power of State Government to make rules
- 157.Power of Corporation to make regulations
- 158.Prior publication of rules regulations, etc
- 159.Rules to give effect to arrangements with other countries for the transfer of money paid as compensation
- 160.Laying of rules, regulations and schemes, etc
- 161.Effect of laws and agreements inconsistent with this Code
- 162.Delegation of powers
- 163.Power to remove difficulties
- 164.Repeal and savings
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.