Code on Social Security - Comply4HR | Labor Law Compliance & Resources in India

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Chapter I - Preliminary

Section 1 . Short title, extent, commencement and application

Section 2 . Definitions

Section 3 . Registration and cancellation of an establishment

Chapter II - Social Security Organisations

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 Bu

Section 12 . State Board, Regional Boards, local committees, etc

Section 13 . Entrustment of additional functions to Social Security Organisation

Chapter III - Employees Provident Fund

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

Chapter IV - Employees State Insurance Corporation

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 the Medical Board

Section 38 . Dependants Benefit

Section 39 . Medical benefits

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 . Schemes 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

Chapter V - Gratuity

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

chapter VI - Maternity Benefit

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 . (1) In case of miscarriage, or medical termination of pregnancy, a woman shall, on production of such proof as may be p

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.

Chapter VII - Employees Compensation

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 Applciation

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

Chapter VIII - Social Security and Cess in Respect of Building and Other Construction Workers

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 . Selfassessment 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 Workers’ Welfare Fund and its application

Chapter IX - Social Security for Unorganised Workers, Gig Workers and Platform Workers

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

Chapter X - Finance and Accounts

Section 115 . Accounts

Section 116 . Audit

Section 117 . Budget Estimate

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

Chapter XI - Authorities, Assessment, Compliance and Recovery

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.

Chapter XIII - Offenses and Penalties

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

Chapter XIII - Employment Information and Monitoring

Section 139 . Reporting of vacancies to career centres

Section 140 . Exclusions from application of this Chapter

Chapter XIV - Miscellaneous

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 Organisations

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