The Code on Social Security, 2020
| Act Number | 36 |
| Date | 28 September 2020 |
| Record Number | 202036 |
| Enactment Date | 28 September 2020 |
| Court | Ministry of Labour and Employment |
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THE CODE ON SOCIAL SECURITY ACT, 2020
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title extent, commencement and application.
2. Definitions.
3. Registration and cancellation of an establishment.
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 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.
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.
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SECTIONS
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.
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
METERNITY 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.
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CHAPTER VII
EMPLOYEES’ COMPENSATION
SECTIONS
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.
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 worker’s welfare Fund and its applications.
CHAPTER IX
SOCIAL SECURITY FOR UNORGANISED WORKERS, GIG WORKERS AND PLANTFORM WORKERS
109. Framing of schemes for unorganised workers.
110. Funding of state government schemes.
111. Record keeping.
112. Helpline, facilitation centre, etc., for unorganised workers, gig workers and platform
workers.
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