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Act36
Enacted 2020

The Code on Social Security, 2020

In force 164 sections Labour and Employment

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.

Act 36 of 2020 Enacted 28 Sep 2020

Administered by. Ministry of Labour and Employment · Other Acts of 2020

Preamble

THE CODE ON SOCIAL SECURITY, 2020

ACT 36 OF 2020

[28th September, 2020.] 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.

BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:--

What this Act covers

The Bilateral Netting of Qualified Financial Contracts Act, 2020 (Refined for Dispute Resolution Context)

Purpose in Dispute Resolution

• Facilitates efficient dispute resolution in financial markets by ensuring the enforceability of bilateral netting agreements for qualified financial contracts, reducing potential disputes over contract obligations.

Key Components Relevant to Dispute Resolution

1. Enforceability of Netting Agreements

• Legally Binding: Ensures netting agreements are enforceable, minimizing disputes over contractual obligations.

• Prevents Unilateral Backout: Reduces likelihood of one party backing out of agreed-upon netting terms, thus preventing a common source of disputes.

2. Close-Out Netting in Insolvency/Default Scenarios

• Clear Process: Defines a clear, enforceable process for close-out netting upon default or insolvency, reducing ambiguity that could lead to disputes.

• Final and Binding Net Balance: The calculated net balance is final and binding, aiming to conclude disputes efficiently.

3. Limitations on Administration Practitioner’s Powers

• Protection of Netting Transactions: Safeguards against the invalidation of legitimate netting transactions, except in cases of fraud or undervaluation, thereby protecting parties from unjust reversal of agreements.

• Reduces Potential for Disputes Over Asset Management: By limiting the powers of administrators, it reduces conflicts over the management of assets under netting agreements.

4. Dispute Resolution Implications

• Override Clause: The Act’s overriding power can preempt conflicting laws that might otherwise complicate dispute resolution.

• Rule Making and Difficulty Removal: Empowers the Central Government to address emerging disputes or operational challenges through rule-making and difficulty removal provisions.

Implementation Aspects Affecting Dispute Resolution

• Effective Date: Uniform application from October 1, 2020, ensures consistency in dispute resolution approaches.

• Enactment: Act No. 30 of 2020 provides a clear legal framework for judges and arbitrators.

Sections

Type to filter. 164 sections.

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

Schedules

This Act has 7 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 164 sections of this Act has its own page. This page is not a substitute for legal advice.