Code on Social Security, 2020

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Act ID:	202036
Act Number:	36
Enactment Date:	2020-09-28
Act Year:	2020
Short Title:	The Code on Social Security, 2020
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 Govt of Maharashtra
Department:	Industries, Energy and Labour Department
Type:	STATE
Location:	Maharashtra
metadata.dc.identifier.refactid:	202036


Schedule 1. First Schedule Order Appendix Forms
Schedule 2. Second Schedule Order Appendix Forms
Schedule 3. Third Schedule Order Appendix Forms
Schedule 4. Fourth Schedule Order Appendix Forms
Schedule 5. Fifth Schedule Order Appendix Forms
Schedule 6. Sixth Schedule Order Appendix Forms
Schedule 7. Seventh Schedule Order Appendix Forms

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Show all section The Code on Social Security, 2020

CHAPTER I

PRELIMINARY

CHAPTER II

SOCIAL SECURITY ORGANISATIONS

CHAPTER III

EMPLOYEES’ PROVIDENT FUND

CHAPTER IV

EMPLOYEES STATE INSURANCE CORPORATION

CHAPTER V

GRATUITY

CHAPTER VI

METERNITY BENEFIT

CHAPTER VII

EMPLOYEES’ COMPENSATION

CHAPTER VIII

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS

CHAPTER IX

SOCIAL SECURITY FOR UNORGANISED WORKERS, GIG WORKERS AND PLANTFORM WORKERS

CHAPTER X

FINANCE AND ACCOUNTS

CHAPTER XI

AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY

CHAPTER XII

OFFENCES AND PENALTIES

CHAPTER XIII

EMPLOYMENT INFORMATION AND MONITORING

CHAPTER XIV

MISCELLANEOUS


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


Schedule 1. First Schedule Order Appendix Forms
Schedule 2. Second Schedule Order Appendix Forms
Schedule 3. Third Schedule Order Appendix Forms
Schedule 4. Fourth Schedule Order Appendix Forms
Schedule 5. Fifth Schedule Order Appendix Forms
Schedule 6. Sixth Schedule Order Appendix Forms
Schedule 7. Seventh Schedule Order Appendix Forms

Schedule 1. First Schedule

Schedule 2. Second Schedule

Schedule 3. Third Schedule

Schedule 4. Fourth Schedule

Schedule 5. Fifth Schedule

Schedule 6. Sixth Schedule

Schedule 7. Seventh Schedule