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The Code on Social Security Act, 2020

[Act No. 36 of 2020]

[28th September, 2020]

Title Code on Social Security Act, 2020
Sections Particulars
Chapter I Preliminary
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
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
Chapter VII Employees' Compensation
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
113. Registration of unorganised workers, gig workers and platform workers
114. Schemes for gig workers and platform workers
Chapter X Finance and Accounts
115. Accounts
116. Audit
117. Budget estimates
118. Annual report
119. Valuation of assets and liabilities
120. Holding of property, etc., by social security organisation
121. Writing off of losses
Chapter XI Authorities, Assessment, Compliance and Recovery
122. Appointment of Inspector-cum-Facilitators and their powers
123. Maintenance of records, registers, returns, etc
124. Employer not to reduce wages, etc
125. Assessment and determination of dues from employer
126. Appeal against order of Authorised officer relating to chapter IV
127. Interest on amount due
128. Power to recover damages
129. Recovery of amount due
130. Validity of certificate and amendment thereof
131. Other modes of recovery
132. Application of certain provisions of Income-tax act
Chapter XII Offences and Penalties
133. Penalty for failure to pay contributions, etc
134. Enhanced punishment in certain cases after previous conviction
135. Offences by companies
136. Cognizance of offences
137. Prior opportunity before prosecution
138. Compounding of offences
Chapter XIII Employment Information and Monitoring
139. Reporting of vacancies to career centres
140. Exclusions from application of this chapter
Chapter XIV Miscellaneous
141. Social Security Fund
142. Application of Aadhaar
143. Power to exempt establishment
144. Power to defer or reduce
145. Liability in case of transfer of establishment
146. Members, officers and staff to be public servants
147. Protection of action taken in good faith
148. Misuse of benefits
149. Power of central Government to give directions to state government and social security organizations
150. Power to frame schemes
151. Protection against attachment, etc
152. Power to amend schedule
153. Transitional provisions
154. Power of appropriate Government to make rules
155. Power of central Government to make rules
156. Power of state Government to make rules
157. Power of corporation to make regulations
158. Prior publication of rules, regulations, etc
159. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation
160. Laying of rules, regulations and schemes, etc
161. Effect of laws and agreements inconsistent with this code
162. Delegation of powers
163. Power to remove difficulties
164. Repeal and savings
The Schedules
First Schedule Applicability
Second Schedule List of Persons who are Employees within The Meaning of The Third Proviso to Clause (26) of Section 2
Third Schedule List of Occupational Diseases
Fourth Schedule
Part I List of Injuries Deemed to Result in Permanent Total Disablement
Part II List of Injuries Deemed to Result in Permanent Partial Disablement
Fifth Schedule Matters That may be Provided for in The Schemes
Sixth Schedule Factors for working out Lump Sum Equivalent of Compensation Amount in Case of Permanent Disablement and Deat
Seven Schedule Classification of Aggregators

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