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The Code on Social Security, 2020

Central

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.

Act number
36 of 2020
Ministry
Ministry of Labour and Employment
Enacted
28 Sep 2020

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

164 sections

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