Section List

36/2020 - The Code on Social Security, 2020 ▶

Act Number: 36

Act Name: The Code on Social Security, 2020

Year: 2020

Enactment Date: 2020-09-28

Long Title: 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: Ministry of Labour and Employment

Department:

Section Number	Title	Actions
1	Short title extent, commencement and application.
2	Definitions.
3	Registration and cancellation of an establishment.
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.
12	State Board, Regional Boards, local committees, etc.
13	Entrustment of additional functions to Social Security Organisations.
14	Appointment of officers of Central Board.
15	Schemes.
16	Funds.
17	Contribution in respect of employees and contractors.
18	Fund to be recognised 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 employers to maintain provident fund accounts.
22	Transfer of accounts.
23	Appeal to Tribunal.
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	Scheme for unorganised workers, gig workers and platform workers.
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.
53	Payment of gratuity.
54	Continuous service.
55	Nomination.
56	Determination of amount of gratuity.
57	Compulsory Insurance.
58	Competent authority.
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.
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 require 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.
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 worker’s welfare Fund and its applications.
109	Framing of schemes for unorganised workers.
110	Funding of state government schemes.
111	Record keeping.
113	Registration of unorganised workers, gig workers and platform workers.
114	Schemes for gig workers and platform workers.
115	Accounts.
116	Audit.
117	Budget estimates.
118	Annual report.
119	Valuation of assets and liabilities.
120	Holding of property, etc., by social security organisation.
121	Writing off of losses.
122	Appointment of Inspector-cum-Facilitators and their powers.
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.
133	Penalty for failure to pay contributions, etc.
134	Enhanced punishment in certain cases after previous conviction.
135	Offences by companies.
136	Cognizance of offences.
137	Prior opportunity before prosecution.
138	Compounding of offences.
139	Reporting of vacancies to career centres.
140	Exclusions from application of this chapter.
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.
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.
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.
11	Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers’ Board or the Building Workers’ Welfare Board.
46	Exemption of factories or other establishments belonging to Government or any local authority.
112	Helpline, facilitation centre, etc., for unorganised workers, gig workers and platform workers.
149	Power of central Government to give directions to state government and social security organizations.
159	Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.