SOCIAL SECURITY BENEFIT FUND_THE CODE ON SOCIAL SECURITY, 2019

THE CODE ON SOCIAL SECURITY, 2019

ARRANGEMENT OF CLAUSES

CHAPTER I

PRELIMINARY

CLAUSES

1. Short title, extent, commencement and application.

2. Definitions.

3. Registration of establishment.

CHAPTER II

SOCIAL SECURITY ORGANISATIONS

4. Constitution of Central Board of Trustees.

5. Constitution of Employees' State Insurance Corporation.

6. National Social Security Boards.

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 of Trustees, Unorganised Workers National Social Security Board or State Unorganised Workers Social Security 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 recognised under Act 43 of 1961.

19. Priority of payment of contributions over other debts.

20. Chapter not to apply to certain establishment.

21. Authorising certain employers 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 expanded.

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 unorganised 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

53. Payment of gratuity.

54. Continuous service.

55. Nomination.

56. Determination of amount of gratuity.

57. Compulsory insurance.

58. Competent Authority.

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. Compensation in case of death of or injury in plantation.

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.

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

109. Framing of scheme for unorganised workers and constitution of social security fund for gig workers, platform workers, etc.

110. Funding of State Government schemes.

111. Record keeping.

112. Workers facilitation centres.

113. Registration of unorganised worker.

114. Schemes for gig workers and platform workers.

CHAPTER X

FINANCE AND ACCOUNTS

115. Accounts.

116. Audit.

117. Budget estimates.

118. Annual report.

119. Valuation of assets and liabilities.

120. Holding of property, etc.

121. Writing off of losses.

CHAPTER XI

AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY

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. Review of orders passed under section 125.

127. Appeal against order of Authorised Officer.

128. Determination of escaped amount.

129. Interest on amount due.

130. Power to recover damages.

131. Recovery of amount due.

132. Validity of certificate and amendment thereof.

133. Other modes of recovery.

134. Application of certain provisions of Income tax Act.

CHAPTER XII

OFFENCES AND PENALTIES

135. Punishment for failure to pay contributions, etc.

136. Enhanced punishment in certain cases after previous conviction.

137. Offences by companies.

138. Cognizance of offences.

139. Prior opportunity before prosecution.

140. Compounding of offences.

CHAPTER XIII

EMPLOYMENT INFORMATION AND MONITORING

141. Reporting of vacancies to career centres.

142. Exclusions from application of this Chapter.

CHAPTER XIV

MISCELLANEOUS

143. Application of Aadhaar.

144. Power to exempt establishment.

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.

150. Power to frame schemes.

151. Protection against attachment, etc.

152. Power to amend Schedule.

153. Power of appropriate Government to make rules.

154. Power of Central Government to make rules.

155. Power of State Government to make rules.

156. Power of Corporation to make regulations.

157. Prior publication of rules, regulations, etc.

158. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation.

159. Laying of rules, regulations and schemes, etc.

160. Effect of laws and agreements inconsistent with this Code.

161. Delegation of powers.

162. Power to remove difficulties.

163. Repeal and savings.

 THE CODE ON SOCIAL SECURITY, 2019

A

BILL

to amend and consolidate the laws relating to social security of the employees and the matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Code on Social Security, 2019.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision.

(4) The applicability of the Chapters specified in columns (1) and (2) of the First Schedule shall, without prejudice to the applicability of the other provisions of this Code, be such as is specified in corresponding entry in column (3) of that Schedule.

(5) Notwithstanding anything contained in sub-section (4), where it appears to the Central Provident Fund Commissioner whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of Chapter III should be made applicable to that establishment, the Central Provident Fund Commissioner, may, by notification, apply the provisions of the said Chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement.

(6) Notwithstanding anything contained in sub-section (4), where it appears to the Director General of the Corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of Chapter IV should be made applicable to that establishment, the Director General of the Corporation, may, by notification, apply the provisions of the said Chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement.

(7) Notwithstanding anything contained in sub-section (4), an establishment to which any Chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the First Schedule in respect of that Chapter.

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