Act 36 of 2020

The Code on Social Security, 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.

  • Ministry of Labour and Employment
  • Enacted 2020-09-28
  • 164 sections
SectionTitle
1 Short title extent, commencement and application.Read
2 Definitions.Read
3 Registration and cancellation of an establishment.Read
4 Constitution of Board of Trustees of Employees’ Provident Fund.Read
5 Constitution of Employees’ State Insurance Corporation.Read
6 National Social Security Board and State Unorganised Workers’ Board.Read
7 Constitution of State Building Workers’ Welfare Boards.Read
8 Disqualification and removal of a member of any Social Security Organisation.Read
9 Procedure for transaction of business of Social Security Organisation, etc.Read
10 Executive Heads of Central Board and Corporation.Read
11 Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers’ Board or the Building Workers’ Welfare Board.Read
12 State Board, Regional Boards, local committees, etc.Read
13 Entrustment of additional functions to Social Security Organisations.Read
14 Appointment of officers of Central Board.Read
15 Schemes.Read
16 Funds.Read
17 Contribution in respect of employees and contractors.Read
18 Fund to be recognised under Act 43 of 1961.Read
19 Priority of payment of contributions over other debts.Read
20 Chapter not to apply to certain establishments.Read
21 Authorising certain employers to maintain provident fund accounts.Read
22 Transfer of accounts.Read
23 Appeal to Tribunal.Read
24 Principal Officers and other staff.Read
25 Employees’ State Insurance Fund.Read
26 Purposes for which Employees’ State Insurance Fund may be expended.Read
27 Holding of property, etc.Read
28 All employees to be insured.Read
29 Contributions.Read
30 Administrative expenses.Read
31 Provisions as to payment of contributions by employer, etc.Read
32 Benefits.Read
33 Corporation’s power to promote measures for health, etc., of Insured Persons.Read
34 Presumption as to accident arising in course of employment.Read
35 Accidents happening while acting in breach of law, etc.Read
36 Occupational disease.Read
37 References to medical board.Read
38 Dependants’ benefit.Read
39 Medical benefit.Read
40 Provision of medical treatment by State Government or by Corporation.Read
41 General provisions as to benefits.Read
42 Corporation’s rights when an employer fails to register, etc.Read
43 Liability of owner or occupier of factories, etc, for excessive sickness benefit.Read
44 Scheme for other beneficiaries.Read
45 Scheme for unorganised workers, gig workers and platform workers.Read
46 Exemption of factories or other establishments belonging to Government or any local authority.Read
47 Contributions, etc., due to corporation to have priority over other debts.Read
48 Constitution of Employees Insurance Court.Read
49 Matters to be decided by Employees Insurance court.Read
50 Powers of Employees Insurance court.Read
51 Proceedings of Employees Insurance courts.Read
52 Appeal to High Court.Read
53 Payment of gratuity.Read
54 Continuous service.Read
55 Nomination.Read
56 Determination of amount of gratuity.Read
57 Compulsory Insurance.Read
58 Competent authority.Read
59 Employment of, or work by, women prohibited during certain period.Read
60 Right to payment of maternity benefit.Read
61 Continuance of payment of maternity benefit in certain cases.Read
62 Notice of claim for maternity benefit and payment thereof.Read
63 Payment of maternity benefit in case of death of a woman.Read
64 Payment of medical bonus.Read
65 Leave for miscarriage, etc.Read
66 Nursing breaks.Read
67 Creche facility.Read
68 Dismissal for absence during pregnancy.Read
69 No deduction of wages in certain cases.Read
70 Forfeiture of maternity benefit.Read
71 Duties of employer.Read
72 Power of Inspector-cum-facilitator to direct payments to be made.Read
73 Reports of fatal accidents and serious bodily injuries.Read
74 Employer’s liability for compensation.Read
75 Compensation in case of death of or injury in plantation.Read
76 Amount of compensation.Read
77 Compensation to be paid when due and damages for default.Read
78 Method of calculating monthly wages for purposes of compensation.Read
79 Review.Read
80 Commutation of half-monthly payments.Read
81 Distribution of compensation.Read
82 Notice and claim.Read
83 Special provisions relating to accidents occurring outside Indian Territory.Read
84 Medical examination.Read
85 Contracting.Read
86 Remedies of employer against stranger.Read
87 Insolvency of employer.Read
88 Power to require from employers statements regarding fatal accidents.Read
89 Registration of agreements.Read
90 Reference to competent authority.Read
91 Appointment of competent authority.Read
92 Venue of proceedings and transfer.Read
93 Form of application.Read
94 Power of competent authority to require further deposit in cases of fatal accident.Read
95 Powers and procedure of competent authority.Read
96 Appearance of parties.Read
97 Method of recording evidence.Read
98 Power to submit cases.Read
99 Appeal against order of competent authority.Read
100 Levy and collection of cess.Read
101 Interest payable on delay in payment of cess.Read
102 Power to exempt from cess.Read
103 Self-assessment of cess.Read
104 Penalty for non-payment of cess within the specified time.Read
105 Appeal to appellate authority.Read
106 Registration of building workers as beneficiaries.Read
107 Cessation as a beneficiary.Read
108 Building and other construction worker’s welfare Fund and its applications.Read
109 Framing of schemes for unorganised workers.Read
110 Funding of state government schemes.Read
111 Record keeping.Read
112 Helpline, facilitation centre, etc., for unorganised workers, gig workers and platform workers.Read
113 Registration of unorganised workers, gig workers and platform workers.Read
114 Schemes for gig workers and platform workers.Read
115 Accounts.Read
116 Audit.Read
117 Budget estimates.Read
118 Annual report.Read
119 Valuation of assets and liabilities.Read
120 Holding of property, etc., by social security organisation.Read
121 Writing off of losses.Read
122 Appointment of Inspector-cum-Facilitators and their powers.Read
123 Maintenance of records, registers, returns, etc.Read
124 Employer not to reduce wages, etc.Read
125 Assessment and determination of dues from employer.Read
126 Appeal against order of Authorised officer relating to chapter IV.Read
127 Interest on amount due.Read
128 Power to recover damages.Read
129 Recovery of amount due.Read
130 Validity of certificate and amendment thereof.Read
131 Other modes of recovery.Read
132 Application of certain provisions of Income-tax act.Read
133 Penalty for failure to pay contributions, etc.Read
134 Enhanced punishment in certain cases after previous conviction.Read
135 Offences by companies.Read
136 Cognizance of offences.Read
137 Prior opportunity before prosecution.Read
138 Compounding of offences.Read
139 Reporting of vacancies to career centres.Read
140 Exclusions from application of this chapter.Read
141 Social Security Fund.Read
142 Application of Aadhaar.Read
143 Power to exempt establishment.Read
144 Power to defer or reduce.Read
145 Liability in case of transfer of establishment.Read
146 Members, officers and staff to be public servants.Read
147 Protection of action taken in good faith.Read
148 Misuse of benefits.Read
149 Power of central Government to give directions to state government and social security organizations.Read
150 Power to frame schemes.Read
151 Protection against attachment, etc.Read
152 Power to amend schedule.Read
153 Transitional provisions.Read
154 Power of appropriate Government to make rules.Read
155 Power of central Government to make rules.Read
156 Power of state Government to make rules.Read
157 Power of corporation to make regulations.Read
158 Prior publication of rules, regulations, etc.Read
159 Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.Read
160 Laying of rules, regulations and schemes, etc.Read
161 Effect of laws and agreements inconsistent with this code.Read
162 Delegation of powers.Read
163 Power to remove difficulties.Read
164 Repeal and savings.Read
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