The Code on Social Security, 2020

Chapter I

Preliminary

3 sections

S. 1 Short title, extent, commencement and application +

Section 1 of the Social Security Code: Short title, extent, commencement and application

S. 2 Definitions +

Section 2 of the Social Security Code: Definitions

S. 3 Registration and cancellation of an establishment +

Section 3 of the Social Security Code: Registration and cancellation of an establishment

Chapter II

Social Security Organisations

10 sections

S. 4 Constitution of Board of Trustees of Employees' Provident Fund +

Section 4 of the Social Security Code: Constitution of Board of Trustees of Employees' Provident Fund

S. 5 Constitution of Employees' State Insurance Corporation +

Section 5 of the Social Security Code: Constitution of Employees' State Insurance Corporation

S. 6 National Social Security Board and State Unorganised Workers' Board +

Section 6 of the Social Security Code: National Social Security Board and State Unorganised Workers' Board

S. 7 Constitution of State Building Workers' Welfare Boards +

Section 7 of the Social Security Code: Constitution of State Building Workers' Welfare Boards

S. 8 Disqualification and removal of a member of any Social Security Organisation +

Section 8 of the Social Security Code: Disqualification and removal of a member of any Social Security Organisation

S. 9 Procedure for transaction of business of Social Security Organisation, etc +

Section 9 of the Social Security Code: Procedure for transaction of business of Social Security Organisation, etc

S. 10 Executive Heads of Central Board and Corporation +

Section 10 of the Social Security Code: Executive Heads of Central Board and Corporation

S. 11 Supersession of Corporation, Central Board National Social Security Board or State Unorganised Workers' Board or the Building Workers' Welfare Board +

Section 11 of the Social Security Code: Supersession of Corporation, Central Board National Social Security Board or State Unorganised Workers' Board or the Building Workers' Welfare Board

S. 12 State Board, Regional Boards, local committees etc +

Section 12 of the Social Security Code: State Board, Regional Boards, local committees etc

S. 13 Entrustment of additional functions to Social Security Organisations +

Section 13 of the Social Security Code: Entrustment of additional functions to Social Security Organisations

Chapter III

Employees' Provident Fund

10 sections

S. 14 Appointment of officers of Central Board +

Section 14 of the Social Security Code: Appointment of officers of Central Board

S. 15 Schemes +

Section 15 of the Social Security Code: Schemes

S. 16 Funds +

Section 16 of the Social Security Code: Funds

S. 17 Contribution in respect of employees and contractors +

Section 17 of the Social Security Code: Contribution in respect of employees and contractors

S. 18 Fund to be recognized under Act 43 of 1961 +

Section 18 of the Social Security Code: Fund to be recognized under Act 43 of 1961

S. 19 Priority of payment of contributions over other debts +

Section 19 of the Social Security Code: Priority of payment of contributions over other debts

S. 20 Chapter not to apply to certain establishments +

Section 20 of the Social Security Code: Chapter not to apply to certain establishments

S. 21 Authorising certain employer to maintain provident fund accounts +

Section 21 of the Social Security Code: Authorising certain employer to maintain provident fund accounts

S. 22 Transfer of accounts +

Section 22 of the Social Security Code: Transfer of accounts

S. 23 Appeal to Tribunal +

Section 23 of the Social Security Code: Appeal to Tribunal

Chapter IV

Employees State Insurance Corporation

29 sections

S. 24 Principal Officers and other staff +

Section 24 of the Social Security Code: Principal Officers and other staff

S. 25 Employees' State Insurance Fund +

Section 25 of the Social Security Code: Employees' State Insurance Fund

S. 26 Purposes for which Employees' State Insurance Fund may be expended +

Section 26 of the Social Security Code: Purposes for which Employees' State Insurance Fund may be expended

S. 27 Holding of property, etc. +

Section 27 of the Social Security Code: Holding of property, etc.

S. 28 All employees to be insured +

Section 28 of the Social Security Code: All employees to be insured

S. 29 Contributions +

Section 29 of the Social Security Code: Contributions

S. 30 Administrative expenses +

Section 30 of the Social Security Code: Administrative expenses

S. 31 Provisions as to payment of contributions by employer etc +

Section 31 of the Social Security Code: Provisions as to payment of contributions by employer etc

S. 32 Benefits +

Section 32 of the Social Security Code: Benefits

S. 33 Corporation's power to promote measures for health, etc., of Insured Persons +

Section 33 of the Social Security Code: Corporation's power to promote measures for health, etc., of Insured Persons

S. 34 Presumption as to accident arising in course of employment +

Section 34 of the Social Security Code: Presumption as to accident arising in course of employment

S. 35 Accidents happening while acting in breach of law etc +

Section 35 of the Social Security Code: Accidents happening while acting in breach of law etc

S. 36 Occupational disease +

Section 36 of the Social Security Code: Occupational disease

S. 37 References to medical board +

Section 37 of the Social Security Code: References to medical board

S. 38 Dependants' benefit +

Section 38 of the Social Security Code: Dependants' benefit

S. 39 Medical benefit +

Section 39 of the Social Security Code: Medical benefit

S. 40 Provision of medical treatment by State Government or by Corporation +

Section 40 of the Social Security Code: Provision of medical treatment by State Government or by Corporation

S. 41 General provisions as to benefits +

Section 41 of the Social Security Code: General provisions as to benefits

S. 42 Corporation's rights when an employer fails to register, etc +

Section 42 of the Social Security Code: Corporation's rights when an employer fails to register, etc

S. 43 Liability of owner or occupier of factories, etc., for excessive sickness benefit +

Section 43 of the Social Security Code: Liability of owner or occupier of factories, etc., for excessive sickness benefit

S. 44 Scheme for other beneficiaries +

Section 44 of the Social Security Code: Scheme for other beneficiaries

S. 45 Schemes for unorganized workers, gig workers and platform workers +

Section 45 of the Social Security Code: Schemes for unorganized workers, gig workers and platform workers

S. 46 Exemption of factories or other establishments belonging to Government or any local authority +

Section 46 of the Social Security Code: Exemption of factories or other establishments belonging to Government or any local authority

S. 47 Contributions, etc., due to Corporation to have priority over other debts +

Section 47 of the Social Security Code: Contributions, etc., due to Corporation to have priority over other debts

S. 48 Constitution of Employees' Insurance Court +

Section 48 of the Social Security Code: Constitution of Employees' Insurance Court

S. 49 Matters to be decided by Employees' Insurance Court +

Section 49 of the Social Security Code: Matters to be decided by Employees' Insurance Court

S. 50 Powers of Employees' Insurance Court +

Section 50 of the Social Security Code: Powers of Employees' Insurance Court

S. 51 Proceedings of Employees' Insurance Courts +

Section 51 of the Social Security Code: Proceedings of Employees' Insurance Courts

S. 52 Appeal to High Court +

Section 52 of the Social Security Code: Appeal to High Court

Chapter V

Gratuity

6 sections

S. 53 Payment of gratuity +

Section 53 of the Social Security Code: Payment of gratuity

S. 54 Continuous service +

Section 54 of the Social Security Code: Continuous service

S. 55 Nomination +

Section 55 of the Social Security Code: Nomination

S. 56 Determination of amount of gratuity +

Section 56 of the Social Security Code: Determination of amount of gratuity

S. 57 Compulsory insurance +

Section 57 of the Social Security Code: Compulsory insurance

S. 58 Competent authority +

Section 58 of the Social Security Code: Competent authority

Chapter VI

Maternity Benefit

14 sections

S. 59 Employment of, or work by, women prohibited during certain period +

Section 59 of the Social Security Code: Employment of, or work by, women prohibited during certain period

S. 60 Right to payment of maternity benefit +

Section 60 of the Social Security Code: Right to payment of maternity benefit

S. 61 Continuance of payment of maternity benefit in certain cases +

Section 61 of the Social Security Code: Continuance of payment of maternity benefit in certain cases

S. 62 Notice of claim for maternity benefit and payment thereof +

Section 62 of the Social Security Code: Notice of claim for maternity benefit and payment thereof

S. 63 Payment of maternity benefit in case of death of a woman +

Section 63 of the Social Security Code: Payment of maternity benefit in case of death of a woman

S. 64 Payment of medical bonus +

Section 64 of the Social Security Code: Payment of medical bonus

S. 65 Leave for miscarriage etc +

Section 65 of the Social Security Code: Leave for miscarriage etc

S. 66 Nursing breaks +

Section 66 of the Social Security Code: Nursing breaks

S. 67 Creche facility +

Section 67 of the Social Security Code: Creche facility

S. 68 Dismissal for absence during pregnancy +

Section 68 of the Social Security Code: Dismissal for absence during pregnancy

S. 69 No deduction of wages in certain cases +

Section 69 of the Social Security Code: No deduction of wages in certain cases

S. 70 Forfeiture of maternity benefit +

Section 70 of the Social Security Code: Forfeiture of maternity benefit

S. 71 Duties of employer +

Section 71 of the Social Security Code: Duties of employer

S. 72 Power of Inspector-cum-Facilitator to direct payments to be made +

Section 72 of the Social Security Code: Power of Inspector-cum-Facilitator to direct payments to be made

Chapter VII

Employee's Compensation

27 sections

S. 73 Reports of fatal accidents and serious bodily injuries +

Section 73 of the Social Security Code: Reports of fatal accidents and serious bodily injuries

S. 74 Employer's liability for compensation +

Section 74 of the Social Security Code: Employer's liability for compensation

S. 75 Compensation in case of death of or injury in plantation +

Section 75 of the Social Security Code: Compensation in case of death of or injury in plantation

S. 76 Amount of compensation +

Section 76 of the Social Security Code: Amount of compensation

S. 77 Compensation to be paid when due and damages for default +

Section 77 of the Social Security Code: Compensation to be paid when due and damages for default

S. 78 Method of calculating monthly wages for purposes of compensation +

Section 78 of the Social Security Code: Method of calculating monthly wages for purposes of compensation

S. 79 Review +

Section 79 of the Social Security Code: Review

S. 80 Commutation of half-monthly payments +

Section 80 of the Social Security Code: Commutation of half-monthly payments

S. 81 Distribution of compensation +

Section 81 of the Social Security Code: Distribution of compensation

S. 82 Notice and claim +

Section 82 of the Social Security Code: Notice and claim

S. 83 Special provisions relating to accidents occurring outside Indian territory +

Section 83 of the Social Security Code: Special provisions relating to accidents occurring outside Indian territory

S. 84 Medical examination +

Section 84 of the Social Security Code: Medical examination

S. 85 Contracting +

Section 85 of the Social Security Code: Contracting

S. 86 Remedies of employer against stranger +

Section 86 of the Social Security Code: Remedies of employer against stranger

S. 87 Insolvency of employer +

Section 87 of the Social Security Code: Insolvency of employer

S. 88 Power to required from employers statements regarding fatal accidents +

Section 88 of the Social Security Code: Power to required from employers statements regarding fatal accidents

S. 89 Registration of agreements +

Section 89 of the Social Security Code: Registration of agreements

S. 90 Reference to competent authority +

Section 90 of the Social Security Code: Reference to competent authority

S. 91 Appointment of competent authority +

Section 91 of the Social Security Code: Appointment of competent authority

S. 92 Venue of proceedings and transfer +

Section 92 of the Social Security Code: Venue of proceedings and transfer

S. 93 Form of application +

Section 93 of the Social Security Code: Form of application

S. 94 Power of competent authority to require further deposit in cases of fatal accident +

Section 94 of the Social Security Code: Power of competent authority to require further deposit in cases of fatal accident

S. 95 Powers and procedure of competent authority +

Section 95 of the Social Security Code: Powers and procedure of competent authority

S. 96 Appearance of parties +

Section 96 of the Social Security Code: Appearance of parties

S. 97 Method of recording evidence +

Section 97 of the Social Security Code: Method of recording evidence

S. 98 Power to submit cases +

Section 98 of the Social Security Code: Power to submit cases

S. 99 Appeal against order of competent authority +

Section 99 of the Social Security Code: Appeal against order of competent authority

Chapter VIII

Social Security and Cess in Respect of Building and Other Construction Workers

9 sections

S. 100 Levy and collection of cess +

Section 100 of the Social Security Code: Levy and collection of cess

S. 101 Interest payable on delay in payment of cess +

Section 101 of the Social Security Code: Interest payable on delay in payment of cess

S. 102 Power to exempt from cess +

Section 102 of the Social Security Code: Power to exempt from cess

S. 103 Self-assessment of cess +

Section 103 of the Social Security Code: Self-assessment of cess

S. 104 Penalty for non-payment of cess within the specified time +

Section 104 of the Social Security Code: Penalty for non-payment of cess within the specified time

S. 105 Appeal to appellate authority +

Section 105 of the Social Security Code: Appeal to appellate authority

S. 106 Registration of building workers as beneficiaries +

Section 106 of the Social Security Code: Registration of building workers as beneficiaries

S. 107 Cessation as a beneficiary +

Section 107 of the Social Security Code: Cessation as a beneficiary

S. 108 Building and Other Construction Workers' Welfare Fund and its application +

Section 108 of the Social Security Code: Building and Other Construction Workers' Welfare Fund and its application

Chapter IX

Social Security for Unorganised Workers, Gig Workers and Platform Workers

6 sections

S. 109 Framing of schemes for unorganized workers +

Section 109 of the Social Security Code: Framing of schemes for unorganized workers

S. 110 Funding of State Government schemes +

Section 110 of the Social Security Code: Funding of State Government schemes

S. 111 Record keeping +

Section 111 of the Social Security Code: Record keeping

S. 112 Helpline, facilitation centre, etc., for unorganized workers, gig workers and platform workers +

Section 112 of the Social Security Code: Helpline, facilitation centre, etc., for unorganized workers, gig workers and platform workers

S. 113 Registration of unorganized workers, gig workers and platform workers +

Section 113 of the Social Security Code: Registration of unorganized workers, gig workers and platform workers

S. 114 Schemes for gig works and platform workers +

Section 114 of the Social Security Code: Schemes for gig works and platform workers

Chapter X

Finance and Accounts

7 sections

S. 115 Accounts +

Section 115 of the Social Security Code: Accounts

S. 116 Audit +

Section 116 of the Social Security Code: Audit

S. 117 Budget estimates +

Section 117 of the Social Security Code: Budget estimates

S. 118 Annual report +

Section 118 of the Social Security Code: Annual report

S. 119 Valuation of assets and liabilities +

Section 119 of the Social Security Code: Valuation of assets and liabilities

S. 120 Holding of property, etc, by Social Security Organisation +

Section 120 of the Social Security Code: Holding of property, etc, by Social Security Organisation

S. 121 Writing off of losses +

Section 121 of the Social Security Code: Writing off of losses

Chapter XI

Authorities, Assessment, Compliance and Recovery

11 sections

S. 122 Appointment of Inspector-cum-Facilitators and their powers +

Section 122 of the Social Security Code: Appointment of Inspector-cum-Facilitators and their powers

S. 123 Maintenance of records, registers, returns, etc +

Section 123 of the Social Security Code: Maintenance of records, registers, returns, etc

S. 124 Employer not to reduce wages, etc +

Section 124 of the Social Security Code: Employer not to reduce wages, etc

S. 125 Assessment and determination of dues from employer +

Section 125 of the Social Security Code: Assessment and determination of dues from employer

S. 126 Appeal against order of Authorised Officer relating to Chapter IV +

Section 126 of the Social Security Code: Appeal against order of Authorised Officer relating to Chapter IV

S. 127 Interest on amount due +

Section 127 of the Social Security Code: Interest on amount due

S. 128 Power to recover damages +

Section 128 of the Social Security Code: Power to recover damages

S. 129 Recovery of amount due +

Section 129 of the Social Security Code: Recovery of amount due

S. 130 Validity of certificate and amendment thereof +

Section 130 of the Social Security Code: Validity of certificate and amendment thereof

S. 131 other modes of recovery +

Section 131 of the Social Security Code: other modes of recovery

S. 132 Application of certain provisions of Income-tax Act +

Section 132 of the Social Security Code: Application of certain provisions of Income-tax Act

Chapter XII

Offences and Penalties

6 sections

S. 133 Penalty for failure to pay contributions, etc +

Section 133 of the Social Security Code: Penalty for failure to pay contributions, etc

S. 134 Enhanced punishment in certain cases after previous conviction +

Section 134 of the Social Security Code: Enhanced punishment in certain cases after previous conviction

S. 135 Offences by companies +

Section 135 of the Social Security Code: Offences by companies

S. 136 Cognizance of offences +

Section 136 of the Social Security Code: Cognizance of offences

S. 137 Prior opportunity before prosecution +

Section 137 of the Social Security Code: Prior opportunity before prosecution

S. 138 Compounding of offences +

Section 138 of the Social Security Code: Compounding of offences

Chapter XIII

Employment Information and Monitoring

2 sections

S. 139 Reporting of vacancies to career centres +

Section 139 of the Social Security Code: Reporting of vacancies to career centres

S. 140 Exclusions from application of this Chapter +

Section 140 of the Social Security Code: Exclusions from application of this Chapter

Chapter XIV

Miscellaneous

24 sections

S. 141 Social Security Fund +

Section 141 of the Social Security Code: Social Security Fund

S. 142 Application of Aadhaar +

Section 142 of the Social Security Code: Application of Aadhaar

S. 143 Power to exempt establishment +

Section 143 of the Social Security Code: Power to exempt establishment

S. 144 Power to defer or reduce +

Section 144 of the Social Security Code: Power to defer or reduce

S. 145 Liability in case of transfer of establishment +

Section 145 of the Social Security Code: Liability in case of transfer of establishment

S. 146 Members officers and staff to be public servants +

Section 146 of the Social Security Code: Members officers and staff to be public servants

S. 147 Protection of action taken in good faith +

Section 147 of the Social Security Code: Protection of action taken in good faith

S. 148 Misuse of benefits +

Section 148 of the Social Security Code: Misuse of benefits

S. 149 Power of Central Government to give directions to State Government and Social Security Organisations +

Section 149 of the Social Security Code: Power of Central Government to give directions to State Government and Social Security Organisations

S. 150 Power to frame schemes +

Section 150 of the Social Security Code: Power to frame schemes

S. 151 Protection against attachment etc +

Section 151 of the Social Security Code: Protection against attachment etc

S. 152 Power to amend Schedule +

Section 152 of the Social Security Code: Power to amend Schedule

S. 153 Transitional provisions +

Section 153 of the Social Security Code: Transitional provisions

S. 154 Power of appropriate Government to make rules +

Section 154 of the Social Security Code: Power of appropriate Government to make rules

Rules under this section Social Security Central Rules

S. 155 Power of Central Government to make rules +

Section 155 of the Social Security Code: Power of Central Government to make rules

Rules under this section Social Security Central Rules

S. 156 Power of State Government to make rules +

Section 156 of the Social Security Code: Power of State Government to make rules

S. 157 Power of Corporation to make regulations +

Section 157 of the Social Security Code: Power of Corporation to make regulations

S. 158 Prior publication of rules regulations, etc +

Section 158 of the Social Security Code: Prior publication of rules regulations, etc

Rules under this section Social Security Central Rules

S. 159 Rules to give effect to arrangements with other countries for the transfer of money paid as compensation +

Section 159 of the Social Security Code: Rules to give effect to arrangements with other countries for the transfer of money paid as compensation

Rules under this section Social Security Central Rules

S. 160 Laying of rules, regulations and schemes, etc +

Section 160 of the Social Security Code: Laying of rules, regulations and schemes, etc

S. 161 Effect of laws and agreements inconsistent with this Code +

Section 161 of the Social Security Code: Effect of laws and agreements inconsistent with this Code

S. 162 Delegation of powers +

Section 162 of the Social Security Code: Delegation of powers

S. 163 Power to remove difficulties +

Section 163 of the Social Security Code: Power to remove difficulties

S. 164 Repeal and savings +

Section 164 of the Social Security Code: Repeal and savings

Schedules

• Schedule I First Schedule
• Schedule II Second Schedule
• Schedule III Third Schedule
• Schedule IV Fourth Schedule
• Schedule V Fifth Schedule
• Schedule VI Sixth Schedule