Code on Social Security, 2020 was introduced in Lok Sabha on 19th September 2020 vide Bill No. 121 of 2020 to withdraw the pending Code on Social Security, 2019 and to propose a fresh Bill, namely, the Code on Social Security, 2020.
Code on Social Security, 2020 is expected to 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.
The Second National Commission on Labour, which submitted its report in June, 2002 had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:—
(a) industrial relations;
(b) wages;
(c) social security;
(d) safety; and
(e) welfare and working conditions.
2. In pursuance of the recommendations of the said Commission and the deliberations made in the tripartite meeting comprising of the Government, employers’ and industry representatives, the Code on Social Security, 2019 was introduced in the Lok Sabha on 11th December, 2019 with a view to amalgamate, simplify and rationalise the relevant provisions of the following nine central labour enactments relating to social security, namely:—
(i) The Employees’ Compensation Act, 1923;
(ii) The Employees’ State Insurance Act, 1948;
(iii) The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952;(iv) The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959;
(v) The Maternity Benefit Act, 1961;
(vi) The Payment of Gratuity Act, 1972;
(vii)The Cine Workers Welfare Fund Act, 1981;
(viii) The Building and Other Construction Workers Welfare Cess Act, 1996; and
(ix) The Unorganised Workers’ Social Security Act, 2008.
3. The amalgamation of the said laws will facilitate the implementation and remove the multiplicity of definitions and authorities without compromising the basic concepts of welfare and benefits to workers. Further, the use of technology for effective enforcement of the provisions of the Bill has been intended with a view to ensure transparency and accountability and facilitating ease of compliance. Widening the scope of the benefits to the fixed term employees would be a big step towards equity.
4. The Code on Social Security, 2019 was referred to the Parliamentary Standing Committee on Labour on 24th December, 2019 and the Committee has submitted its report on 31st July, 2020 with certain recommendations. After incorporating the valuable suggestions of the Committee, it has now been decided to withdraw the pending Code on Social Security, 2019 and to propose a fresh Bill, namely, the Code on Social Security, 2020.
5. The salient features of the Code on Social Security, 2020, inter alia, are—
(i) 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;
(ii) to provide for an establishment to be covered under Chapter III relating to Employees’ Provident Fund (EPF) and under Chapter IV relating to Employees State Insurance Corporation (ESIC) on voluntary basis even if the number of employees in that establishment is less than the threshold. It further seeks to make those Chapters inapplicable to such establishments on fulfilment of certain conditions;
(iii) to define various expressions used in the Bill such as, “career centre”, “aggregator”, “gig worker”, “platform worker”, “wage ceiling” , etc. Further, the definition of “employee” has been comprehensively elaborated to cover maximum number of employees and workers;
(iv) to provide for registration, electronically or otherwise, of every establishment to which the Bill applies, within such time and in such manner as the Central Government may by rules determine. It further provides for an option for cancellation of registration by any establishment whose business activities are in the process of closure, subject to the conditions as may be prescribed by the Central Government;
(v) constitution of various social security organisations for the administration of the Bill, namely, (a) the Central Board of Trustees of the Employees’ Provident Fund (Central Board), (b) the Employees’ State Insurance Corporation (Corporation), (c) the National Social Security Board for Unorganised Workers (National Social Security Board), (d) the State Unorganised Workers’ Social Security Board and (e) the State Building Workers Welfare Boards;
(vi) to provide that the medical education institutions and training institutes of the Employees’ State Insurance Corporation may be run by the Corporation itself or on the request of the Corporation, by the Central Government, any State Government, any Public Sector Undertaking of the Central Government or the State Government or any other body notified by the Central Government;
(vii) to empower the Central Government to frame schemes for unorganised workers, gig workers and platform workers and the members of their families for providing benefits relating to Employees’ State Insurance Corporation;
(viii) provisions for maternity benefits such as prohibition from work during certain periods, provision of nursing breaks, crèche facility, claim for maternity benefits, etc.;
(ix) to empower the Central Government, by notification, to assign additional work, including administration of any other enactment or scheme relating to social security, to any of the social security organisations and the expenses towards such additional work shall be borne by the Central Government;
(x) to empower the Central Government to frame schemes for the purposes of providing social security benefits to self-employed workers or any other class of persons;
(xi) to empower the Central Government to specify by notification, rates of employees’ contributions to the Employees’ Provident Fund Scheme and the period for which such rates shall apply for any class of employee;
(xii) to provide for appeal against an order passed by any authority in regard to determination and assessment of dues and levy of damages relating to Employees’ Provident Fund by an employer only after depositing with Social Security Organisation concerned, twenty-five per cent. of the amount due from him as determined by the authority against whose order the appeal has been preferred;
(xiii) to provide that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis and not on the basis of continuous service of five years;
(xiv) to make provision for payment of cess by employer in case of building and other construction work, payable under Chapter VIII on the basis of his self-assessment;
(xv) to provide for registration of every unorganised worker, gig worker or platform worker on the basis of self-declaration electronically or otherwise, along with such documents including Aadhaar number, in such form and in such manner, containing such information as may be prescribed by the Central Government;
(xvi) to empower the Central Government by order, to defer or reduce employer’s contribution, or employee’s contribution, or both, payable under Chapter III or Chapter IV, as the case may be, for a period up to three months at a time, in respect of establishment to which Chapter III or Chapter IV, as the case may be, applies, for whole of India or part thereof in the event of pandemic, endemic or national disaster;
(xvii) to provide for establishment and maintenance of separate accounts under social security fund, for the welfare of unorganised workers, gig workers and platform workers; and a separate account for the amount received from the composition of offences under the Bill or under any other central labour laws.
6. The notes on clauses explain in detail the various provisions contained in the Bill.
7. The Bill seeks to achieve the above objectives.
Notes on Clauses of Code on Social Security, 2020
Clause 1 of the Bill seeks to provide for short title, extent, commencement and application of the proposed Bill.
Clause 2 of the Bill seeks to define certain expressions used in the Bill, which inter alia, includes “appropriate Government”, “building worker”, “employment injury”, “factory”, “permanent partial disablement”, “permanent total disablement’, “Tribunal”, etc.
Clause 3 of the Bill seeks to provide for registration and cancellation of establishment to which the proposed Bill applies in the manner provided in the rules made by the Central Government.
Clause 4 of the Bill seeks to provide for the manner of constitution and composition of the Central Board of Trustees of the Employees’ Provident Fund for the purposes of Chapter III and the provisions of the Bill relating to that Chapter.
Clause 5 of the Bill seeks to provide for the manner of constitution and the composition of the Employees State Insurance Corporation for the purposes of chapter IV and the provisions of the Bill relating to that Chapter.
Clause 6 of the Bill seeks to provide for the manner of constitution, composition and functions of the National Social Security Board for unorganised workers and also for the constitution of State Unorganised Workers Board.
Clause 7 of the Bill seeks to provide for the manner of constitution, composition and function of the State Building and Other Construction Workers’ Welfare Board.
Clause 8 of the Bill seeks to provide the conditions which leads to disqualification and removal of a member of any Social Security Organisation.
Clause 9 of the Bill seeks to provide for the procedure of Social Security Organisation relating to their meetings, functions and allowances.
Clause 10 of the Bill seeks to provide that the Central Provident Fund Commissioner and the Director General shall not undertake any work unconnected with their office without prior approval of the Central Government.
Clause 11 of the Bill seeks to provide for the supersession of the Corporation, the Central Board, the National Social Security Board or the State Unorganised Workers’ Board or the Building Workers’ Welfare Board, by the Central or State Government, as the case may
be.
Clause 12 of the Bill seeks to provide for the constitution of State Board, Regional Boards, local committees, etc.
Clause 13 of the Bill seeks to provide for entrustment of additional functions by the Central Government to Social Security Organisations.
Clause 14 of the Bill seeks to provide for appointment of officers of the Central Board by the Central Government.
Clause 15 of the Bill seeks to provide for framing of schemes, such as the Employees’ Provident Fund Scheme, Employees’ Pension Scheme, and Employees’ Deposit Linked Insurance Scheme.
Clause 16 of the Bill seeks to provide for establishment of the Provident Fund, the Pension Fund and the Deposit- Linked Insurance Fund by the Central Government with respect to Schemes.
Clause 17 of the Bill seeks to provide for contribution in respect of employees and contractors.
Clause 18 of the Bill seeks to provide for fund to be recognised under the Income tax Act, 1961.
Clause 19 of the Bill seeks to provide for priority of payment of contributions over other debts.
Clause 20 of the Bill seeks to provide for non-applicability of Chapter III to certain establishments.
Clause 21 of the Bill seeks to provide for authorisation of certain employers to maintain provident fund accounts.
Clause 22 of the Bill seeks to provide for transfer of accounts where the employee relinquishes his employment and obtains employment in any other establishment.
Clause 23 of the Bill seeks to provide for appeal to Tribunal for matters specified therein.
Clause 24 of the Bill seeks to provide for appointment of Principal Officers and other staff of the Corporation.
Clause 25 of the Bill seeks to provide for payment of all contributions and other moneys received in the Employees’ State Insurance Fund and its administration thereof.
Clause 26 of the Bill seeks to provide for the purposes for which the Employees’ State Insurance Fund may be expended.
Clause 27 of the Bill seeks to provide for acquiring and holding of property, sale or otherwise transfer of property both movable and immovable, by the Corporation.
Clause 28 of the Bill seeks to provide for insurance of all employees in the establishments to which Chapter IV apply.
Clause 29 of the Bill seeks to provide for contribution payable by the employer and the employee which shall be paid to the Corporation.
Clause 30 of the Bill seeks to provide administrative expenses and percentage of income of Corporation which may be spent for such expenses.
Clause 31 of the Bill seeks to provide for payment of contribution by employers and recovery of contribution from the contractor, if paid by him and shall bear the expenses of remitting the contributions to the Corporation.
Clause 32 of the Bill seeks to provide for benefits specified therein, to the insured persons, their dependents etc., which include periodical payments to any Insured Person in case of his sickness, periodical payments to an Insured Person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified by regulations.
Clause 33 of the Bill seeks to provide for power of Corporation to promote measures for improvement of the health and welfare of Insured Persons and for their rehabilitation and re employment.
Clause 34 of the Bill seeks to provide that certain accidents described therein shall be presumed as accident arising in course of employment.
Clause 35 of the Bill seeks to provide that an accident shall be deemed to arise out of and in the course of an employee’s employment in the cases specified therein, notwithstanding that he is at the time of the accident acting in contravention of law.
Clause 36 of the Bill seeks to provide that the contracting of the disease by an employee employed in any employment specified in that Schedule, in the manner specified in that clause shall, unless the contrary is proved, be deemed to be an “employment injury “, arising out of and in the course of employment.
Clause 37 of the Bill seeks to specify certain cases relating to Insured Persons which may be referred to medical board and for review by the medical board of its decisions in cases specified therein. It further provides for appeal to the medical appeal tribunal or directly to the Employees’ Insurance Courts if the Insured Person or the Corporation, as the case may be, is aggrieved by any decision of the medical board.
Clause 38 of the Bill seeks to provide for the dependents’ benefit to the dependants of the Insured Person specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2, at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government in case such Insured Person dies as a result of an employment injury sustained as an employee under Chapter IV, whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury.
Clause 39 of the Bill seeks to provide medical benefit to an Insured Person and members of his family subject to the qualification, conditions, scale and period of such benefit, as prescribed by the Central Government. It further provides for establishment of medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes by the Corporation for its officers and staff with a view to improve the quality of services provided under the Employees’ State Insurance Scheme.
Clause 40 of the Bill seeks to provide that the State Government or the Corporation shall provide reasonable medical, surgical and obstetric treatment for Insured Persons and their families in the State. It further provides that the State Government may, with the approval of the Corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon.
Clause 41 of the Bill seeks to lay down general provisions as to the benefits granted under Chapter IV.
Clause 42 of the Bill seeks to provide for Corporation’s rights over an employer in case of failure or neglect specified in sub-clause (1) thereof, by such employer. It further seeks to provide that the amount recoverable under the said clause may be recovered as if it were an arrear of land revenue or recovered in the manner specified under clauses 129 to 132.
Clause 43 of the Bill seeks to make the owner or occupier of factories or other establishment or the owner of the tenement or lodgings liable for payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit, where the Corporation considers that the incidence of sickness among Insured Persons is excessive due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be.
Clause 44 of the Bill seeks to make provision for scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the Corporation in any area which is underutilised, on payment of user charges, and the terms and conditions for operation of the scheme shall be in accordance with the rules made by the Central Government.
Clause 45 of the Bill seeks to provide for schemes for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under Chapter IV by the Corporation.
Clause 46 of the Bill seeks to exempt any factory or other establishment belonging to any local authority, from the operation of Chapter IV, if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under that Chapter.
Clause 47 of the Bill seeks to provide that contributions, etc., due to Corporation, shall have priority over other debts.
Clause 48 of the Bill seeks to provide for constitution of Employees’ Insurance Court by State Government by notification.
Clause 49 of the Bill seeks to specify the matters which shall be decided by Employees’ Insurance Court. It further seeks to oust the jurisdiction of Civil Courts to decide or deal with any question or dispute so specified or to adjudicate on any liability which by or under the Bill relating to this Chapter IV is to be decided by a medical board, or by a medical appeal tribunal or by the Employees’ Insurance Court.
Clause 50 of the Bill seeks to provide that the Employees’ Insurance Court shall have all the powers of a Civil Court for the purposes specified in sub-clause (1) thereof.
Clause 51 of the Bill seeks to provide that the manner of commencement of proceedings before that Court, the, fees and procedure thereof shall be such as may be provided by rules by the State Government.
Clause 52 of the Bill seeks to provide for appeals to the High Court from orders of Employees’ Insurance Courts if it involves a substantial question of law.
Clause 53 of the Bill seeks to make provision for payment of Gratuity to an employee on the termination of his employment subject to the conditions and at the rates specified therein.
Clause 54 of the Bill seeks to define continuous service, for the purpose of payment of gratuity to an employee, as a period where an employee has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the Bill.
Clause 55 of the Bill seeks to provide for nomination by each employee, who has completed one year of service, within such time, in such form and in such manner, as may be provided by rules made by the appropriate Government.
Clause 56 of the Bill provides for determination of amount of gratuity. It seeks to provide that the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
Clause 57 of the Bill seeks to provide for compulsory insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, in the manner provided by rules made by the Central Government, for his liability for payment towards the gratuity under Chapter V, from any insurance company regulated by the Authority as defined under clause (b) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999.
Clause 58 of the Bill seeks to provide that the appropriate Government may, by notification, appoint any officer of that Government having the qualifications and experience as may be provided by rules made by that Government, to be a competent authority for implementation of any provision of Chapter V for such area as may be specified in the notification.
Clause 59 of the Bill seeks to prohibit the employer from employing of a woman, or to prohibit any woman from working, in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. It further seeks to prohibit the employer, on a request being made by the woman in this behalf, to require her to do any work which is of the nature specified therein, during the period of one month immediately preceding the afore mentioned period of six weeks, or during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 62.
Clause 60 of the Bill seeks to provide for right to payment of maternity benefit to every woman at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day, if she has actually worked in an establishment of the employer from whom she claims maternity benefit. Such woman shall be entitled to maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected date of her delivery, subject to a maximum of twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery. It further provides that a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks. It also provides that in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.
Clause 61 of the Bill seeks to provide for continuance of payment of maternity benefit to every eligible woman under Chapter VI, notwithstanding the application of Chapter IV to the factory or other establishment in which she is employed, until she becomes qualified to claim maternity benefit under clause 32.
Clause 62 of the Bill seeks to provide for giving of notice in writing for claim of maternity benefit and payment thereof by any woman employed in an establishment and entitled to maternity benefit under the provisions of Chapter VI, to her employer. It further
provides that the failure to give notice under the said clause shall not disentitle a woman to maternity benefit or any other amount under the said Chapter if she is otherwise entitled to such benefit or amount.
Clause 63 of the Bill seeks to provide for payment of maternity benefit in case of death of a woman before receiving such maternity benefit or amount. It further provides that the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under clause 62 and in case there is no such nominee, to her legal representative.
Clause 64 of the Bill seeks to provide for payment of medical bonus of three thousand five hundred rupees or such amount as may be notified by Central Government from her employer, if no pre-natal confinement and post-natal care is provided for by the employer
free of charge.
Clause 65 of the Bill seeks to provide for leave with wages at the rate of maternity benefit for miscarriage, medical termination of pregnancy, tubectomy operation, or illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy on production of such proof as may be prescribed by rules made by the Central Government.
Clause 66 of the Bill seeks to provide for nursing breaks to every woman delivered of a child who returns to duty after such delivery, in addition to the interval for rest allowed to her in the course of her daily work, two breaks of such duration as may be prescribed by rules by the Central Government, for nursing the child until the child attains the age of fifteen months.
Clause 67 of the Bill seeks to provide for creche facility in every establishment where fifty employees or such number of employees as may be prescribed by Central Government, are employed. It further provides that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her. It also provides that the employer shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under Chapter VI relating to maternity benefit.
Clause 68 of the Bill seeks to render unlawful, inter alia, the dismissal of a woman who absents herself from work in accordance with the provisions of this Chapter VI, on account of such absence, except where the dismissal is for any gross misconduct as may be prescribed by rules made by the Central Government. It further provides that any woman who is deprived of maternity benefit or medical bonus, or both, or discharged or dismissed, may appeal to the competent authority and the decision of that authority on such appeal, shall be final
Clause 69 of the Bill seeks to prohibit any deduction of wages from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of Chapter VI, by reason only of the nature of work assigned to her or breaks for nursing the child allowed to her, under the relevant provisions.
Clause 70 of the Bill seeks to provide for forfeiture of maternity benefit to a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefit.
Clause 71 of the Bill requires the employer to exhibit in a conspicuous place an abstract of the provisions of Chapter VI and the rules relating thereto, in the language or languages of the locality, in every part of the establishment in which women are employed.
Clause 72 of the Bill seeks to make provision for making complaint to the Inspector-cum-Facilitator where a woman claims that she is entitled for maternity benefit or any other amount under Chapter VI and any person claiming that payment due under the said Chapter has been improperly withheld, or her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of the said Chapter. It further provides that the Inspector-cum-Facilitator may, on receipt of a complaint, make an inquiry or cause an inquiry and pass such orders as he deems just and proper according to the circumstances of the case. It also makes provision for appeal to the authority prescribed by rules made by the appropriate Government
Clause 73 of the Bill seeks to provide for reports of fatal accidents and serious bodily injuries to competent authority. It further requires the employer or any person on his behalf, to give a notice to any authority, of any accident occurring on his premises which results in death or serious bodily injury, and shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury. It also provides for the State Government to extend by notification, the said requirement to any class of premises and may, by such notification, specify the persons who shall send the report to the competent authority. It also makes this clause inapplicable to establishments to which Chapter IV, relating to Employees’ State Insurance Corporation, applies.
Clause 74 of the Bill seeks to provide for employer’s liability for compensation in accordance with the provisions of Chapter VII, if personal injury is caused to an employee by accident or an occupational disease listed in the Third Schedule, arising out of and in the course of his employment. It further empowers the Central Government or the State Government, after giving, by notification, not less than three months’ notice of its intention so to do, to modify or add any description of employment to the employments specified in the Second Schedule, and occupational diseases specified in the Third Schedule. It also bars any right to compensation on an employee in respect of any accident or disease if he has instituted in a Civil Court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any Court of law in respect of such accident or disease
Clause 75 of the Bill seeks to provide for payment of compensation by the employer if death of or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity.
Clause 76 of the Bill seeks to provide for the manner of calculation of amount of compensation to be paid in case of death, permanent total disablement, permanent partial disablement or temporary disablement whether total or partial, resulting from the injury. It further provides that the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer. It also provides that If the injury of the employee results in his death, the employer shall, in addition to the compensation, deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the State Government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditure.
Clause 77 of the Bill seeks to provide for compensation to be paid when due and damages for default as soon as it falls due. It further provides that in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts. It also provides that where any employer is in default in paying the compensation within one month from the date it fell due, the competent authority shall direct that the employer in addition to the amount of the arrears, pay interest at rates specified in the rules made by the Central Government, on the amount due and if there is no justification for the delay, the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent. of such amount of arrears by way of damages.
Clause 78 of the Bill seeks to provide for method of calculating monthly wages for purposes of compensation. It further seeks to define the expression “monthly wages” to mean the amount of wages deemed to be payable for a month’s service (whether the wages are payable by the month or by whatever other period or at piece rates) and calculated in the manner specified therein.
Clause 79 of the Bill seeks to provide for review by the competent authority, of half-monthly payment payable under Chapter VII, either under an agreement between the parties or under the order of a competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner.
Clause 80 of the Bill seeks to provide for commutation of half-monthly payments, on the application to the competent authority by either party to an agreement, to be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may be.
Clause 81 of the Bill seeks to provide for distribution of compensation in respect of an employee whose injury has resulted in death. It further provides that no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation. It also provides that in the case of a deceased employee, an employer may make to any dependant, advances on account of compensation of an amount equal to three months’ wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer. It also provides that on the deposit of any money as compensation in respect of a deceased employee, the competent authority shall cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation.
Clause 82 of the Bill seeks to provide for notice of the accident and claim for compensation. It further provides that no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner provided therein as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death. It also provides that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time, if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause.
Clause 83 of the Bill seeks to provide for special provisions for notice and the claim for compensation relating to accidents occurring outside Indian territory in the case of employees who are masters of ships or seamen or captain and other members of crew of aircraft, persons recruited by companies registered in India and working as such abroad, persons sent for work abroad along with motor vehicles registered under the Motor Vehicles Act, 1988 as drivers, helpers, mechanics, cleaners or other employees.
Clause 84 of the Bill seeks to provide for free medical examination of an employee who has given notice of an accident, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner. It further provides that any employee who is in receipt of a half-monthly payment under Chapter-VII shall, if so required, submit himself for such examination from time to time. It also provides that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by rules made by the State Government.
Clause 85 of the Bill seeks to provide for compensation by the employer in cases where any employer in the course of or for the purposes of his trade or business contracts with a Contractor, for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed. It further provides that where the employer is liable to pay such compensation, he shall be entitled to be indemnified by the Contractor, or any other person from whom the employee could have recovered the compensation and where a Contractor who is himself an employer is liable to pay compensation or to indemnify an employer, he shall be entitled to be indemnified by any person standing to him in relation of a Contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority.
Clause 86 of the Bill seeks to provide for remedies of employer against stranger, where an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid. It further provides that the person by whom the compensation was paid and any person who has been called on to pay an indemnity shall be entitled to be indemnified by the person so liable to pay damages.
Clause 87 of the Bill seeks to provide that where any employer has entered into a contract with any insurers in respect of any liability under Chapter VII to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer. It further provides that if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation. It also provides that the provisions of this clause shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.
Clause 88 of the Bill seeks to provide for power of the competent authority to require statements regarding fatal accidents from employers where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment. It further provides that the competent authority may send by registered post or where possible, electronically, a notice to the employee’s employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by rules made by the State Government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority. It also provides that where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the State Government.
Clause 89 of the Bill seeks to provide for registration of agreements by the competent authority, electronically or otherwise, in such manner as may be prescribed by rules made by the appropriate Government, where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability. It further provides that an agreement for the payment of compensation which has been so registered shall be enforceable under this Bill, notwithstanding anything contained in the Indian Contract Act, 1872, or in any other law for the time being in force.
Clause 90 of the Bill seeks to provide for reference to competent authority, any question arising in any proceedings under Chapter VII as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement). It further provides that the question shall, in default of agreement, be settled by a competent authority. It also provides that no Civil Court shall have jurisdiction to settle, decide or deal with any question which is required to be settled, decided or dealt with by a competent authority.
Clause 91 of the Bill seeks to provide that the State Government may, by notification, appoint any person who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a Gazetted Officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by rules made by the appropriate Government to be a competent authority for Employee’s Compensation.
Clause 92 of the Bill seeks to provide for venue of proceedings and transfer of matters under Chapter VII. It provides that where any matter under Chapter VII is to be done by or before a competent authority, the same shall, subject to the provisions that Chapter and in the manner prescribed in this behalf by the State Government, be done by or before the competent authority for the area in which the accident took place which resulted in the injury; or the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or the employer has his registered office. It further provides that if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, order such matter to be transferred to such other competent authority. It also provides that the State Government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by it.
Clause 93 of the Bill seeks to provide that an application for claim of compensation shall be made to a competent authority electronically or otherwise, in such form and in such manner accompanied by such fee, if any, as may be prescribed by rules made by the Central Government.
Clause 94 of the Bill seeks to empower the competent authority to require further deposit from the employer as compensation payable, in respect of an employee whose injury has resulted in death, if in the opinion of the competent authority such sum deposited by an employer as compensation is insufficient. It further provides that the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the notice.
Clause 95 of the Bill seeks to provide that the competent authority shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects. It further provides that the competent authority shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973.
Clause 96 of the Bill seeks to provide that any appearance, application or act required to be made or done by any person before or to a competent authority may be made or done on behalf of such person by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector-cum-Facilitator or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorised.
Clause 97 of the Bill seeks to provide for the competent authority to make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by rules made by the State Government and shall form part of the record.
Clause 98 of the Bill seeks to empower the competent authority to submit any question of law for the decision of the High Court and, if he does so, shall decide the question in conformity with such decision.
Clause 99 of the Bill seeks to provide for appeal from the orders of a competent authority on the matters specified in that clause unless otherwise provided therein. It further provides that the period of limitation for an appeal shall be sixty days from the date of passing of the order. It also provides that the provisions of section 5 of the Limitation Act, 1963, shall be applicable to the appeal under the said clause.
Clause 100 of the Bill seeks to provide for levy and collection of cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent. but not less than one per cent. of the cost of construction incurred by an employer.
Clause 101 of the Bill seeks to provide that if any employer fails to pay any amount of cess payable for the purposes of social security and welfare of building workers within such time as may be prescribed by the appropriate Government, such employer shall be liable to pay interest at such rate as may be prescribed by the Central Government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paid.
Clause 102 of the Bill seeks to exempt any employer or class of employers in a State from the payment of cess payable under Chapter VIII where such cess is already levied and payable under any corresponding law in force in that State.
Clause 103 of the Bill seeks to provide for self-assessment of cess by the employer by requiring the employer, within sixty days or such period as may be notified by the Central Government of the completion of his each building and other construction work, to pay such cess on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the Central Government and after such payment of cess, to file a return.
Clause 104 of the Bill seeks to impose penalty on the employer who fails to pay the cess under clause 103 within the date specified in the order of assessment made thereunder. It further provides that before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section.
Clause 105 of the Bill seeks to provide for appeal by any employer who is aggrieved by an order of assessment made under clause 103 or by an order imposing penalty made under clause 104, within such time as may be prescribed by the Central Government, to such appellate authority in such form and in such manner as may be prescribed by the Central Government. It further provides that every order passed in appeal under the said clause shall be final and shall not be called in question in any court of law.
Clause 106 of the Bill seeks to provide that every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the Building Workers’ Welfare Board as a beneficiary under Chapter VIII, in such manner as may be prescribed by the Central Government.
Clause 107 of the Bill seeks to provide that a building worker who has been registered as a beneficiary under clause 106 shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year. It further provides that if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the Central Government.
Clause 108 of the Bill seeks to provide for constitution of Building and Other Construction Workers’ Welfare Fund and there shall be credited thereto, the amount of any cess levied under clause 100; any grants and loans made to the Building Workers’ Welfare Board by the Central Government; and all sums received by the Building Workers’ Welfare Board from such other sources as may be decided by the Central Government. It further provides that the Fund shall be applied for meeting expenses of the Building Workers’ Welfare Board in the discharge of its functions; salaries, allowances and other remuneration of the members, officers and other employees of the Building Workers’ Welfare Board; and expenses on objects and for purposes authorised by this Bill.
Clause 109 of the Bill seeks to provide for the Central Government and the State Government, respectively, to formulate and notify, from time to time, suitable welfare schemes for unorganised workers. The schemes formulated by the Central Government shall include matters relating to life and disability cover; health and maternity benefits; old age protection; education; and any other benefit as may be determined by the Central Government. The schemes formulated by the State Government shall include matters relating to provident fund; employment injury benefit; housing; educational schemes for children; skill upgradation of workers; funeral assistance; and old age homes.
Clause 110 of the Bill seeks to provide that any scheme notified by the State Government under clause 109 may be wholly funded by the State Government; or partly funded by the State Government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the State Government; or funded from any source including corporate social responsibility fund or any other such source as may be specified in the scheme. It further provides that the Central Government may provide such financial assistance to the State Governments for the purpose of such schemes.
Clause 111 of the Bill seeks to provide that the Government formulating and notifying the scheme under Chapter IX shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained.
Clause 112 of the Bill seeks to provide that the appropriate Government may set up a toll free call centre or helpline or such facilitation centres for unorganised workers, gig workers and platform workers with a view to disseminate information on available social security schemes, facilitate filing, processing and forwarding of application forms for registration, assist in obtaining registration and to facilitate the enrolment of such workers.
Clause 113 of the Bill seeks to provide for the registration of unorganised workers, gig workers and platform workers subject to the fulfilment of the conditions specified therein. It further provides that a registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under Chapter IX. It also provides that the Central Government, or as the case may be, the State Government shall make such contribution in a scheme as may be specified therein.
Clause 114 of the Bill seeks to provide for framing of schemes for gig workers and platform workers by the Central Government on matters relating to life and disability cover; accident insurance; health and maternity benefits; old age protection; crèche; and any other benefit as may be determined by the Central Government. It further provides that the scheme may be wholly funded by the Central Government; or partly funded by the Central Government and partly funded by the State Government; or wholly funded by the contributions of the aggregators; or partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme; or funded from corporate social responsibility fund within the meaning of Companies Act, 2013; or any other source. It also provides that the National Social Security Board shall be the Board for the purposes of the welfare of gig workers and platform workers and while such Board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the members constituting the Board shall comprise of the persons specified in the said clause.
Clause 115 of the Bill seeks to provide for maintenance of proper accounts of income and expenditure of each of the Social Security Organisations in a manner as the appropriate Government may, after consultation with the Comptroller and Auditor-General of India, specify.
Clause 116 of the Bill seeks to provide that the accounts of each of the Social Security Organisations shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the respective Social Security Organisation to the Comptroller and Auditor-General of India.
Clause 117 of the Bill seeks to provide that each of the Social Security Organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate Government before such date as may be fixed by it in that behalf.
Clause 118 of the Bill seeks to provide that each of the Social Security Organisations shall submit to the appropriate Government an annual report of its work and activities and the budget finally adopted by the Social Security Organisation. It further provides that the appropriate Government shall cause a copy of the annual report, budget and the audited accounts together with the report of the Comptroller and Auditor- General of India and the comments of the respective Social Security Organisation thereon to be laid before each House of Parliament or the State legislature, as the case may be.
Clause 119 of the Bill seeks to provide that each of the fund maintained by a Social Security Organisation or by an establishment under the Bill shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate Government, by such Social Security Organisation or the establishment, as the case may be, in case of Central Board, annually; in case of Corporation, once in every three years; in case of any other Social Security Organisation or establishment, as specified by the appropriate Government, by order. It further provides that the appropriate Government, if it considers necessary, may direct such valuation to be made at such intervals.
Clause 120 of the Bill seeks to provide that a Social Security Organisations may, subject to such conditions as may be prescribed by the appropriate Government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said Social Security Organisation is established. It further provides that each of the Social Security Organisations except Corporation, may, with the previous sanction of the appropriate Government and on such terms as may be prescribed by such Government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit and in case of officers and staff of the Central Board, such terms shall be specified in the Provident Fund Scheme.
Clause 121 of the Bill seeks to empower the Social Security Organisation, subject to the conditions as may be prescribed by the appropriate Government, to sanction the writing off of the losses where such Social Security Organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under the Bill, is irrecoverable. It further provides that in the case of Provident Fund, Pension Fund or Insurance Fund, such writing off shall be specified in the Provident Fund Scheme or Pension Scheme or Insurance Scheme, as the case may be.
Clause 122 of the Bill seeks to provide for appointment of Inspector-cum-Facilitators by the Central Government, for the purposes of Chapter III and Chapter IV and for the provisions of the Bill relating to those Chapters, and by the appropriate Government, for the purposes of other provisions of the Bill. It further empowers the Central Government and the State Government, respectively in respect of the said provisions, to lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under the Bill electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person. It also provides that the provisions of the Code of Criminal Procedure, 1973 shall, so far as may be, apply to the search or seizure by the Inspector-cum-Facilitator under sub-clause (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code.
Clause 123 of the Bill seeks to provide that an employer of an establishment shall maintain records and registers in the form prescribed by rules made by the appropriate Government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by rules made by that Government including matters specified therein. It further requires the employer to file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by rules made by the appropriate Government. It also provides that matters to be provided under the rules relating to Chapter III shall, instead of providing for them in rules to be made by the Central Government, be provided in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be. It also provides that the forms of records and registers and that of the returns to be filed under Chapter IV shall be specified in the regulations instead of providing for them in the rules.
Clause 124 of the Bill seeks to prohibit the employer from reducing whether directly or indirectly, the wages of any employee or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied, in relation to an establishment to which the Bill or any scheme framed thereunder applies, by reason only of his liability for the payment of any contribution under the Bill, or any charges thereunder.
Clause 125 of the Bill seeks to empower the Central Government, by notification, to authorise, such officers of the Central Board or the Corporation, as the case may be, not below the rank of Group ‘A’ officer of that Government, to function as the Authorised Officers for the purposes of Chapter III or Chapter IV, as the case may be, who may, by order, assess and determine dues from employer in the manner specified therein. It further provides that an Authorised Officer conducting the inquiry shall, for the purposes of such inquiry, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, for trying a suit in respect of the matters specified in the said clause.
Clause 126 of the Bill seeks to provide for appeal by an employer from the orders of the Authorised officer under clause 125, if the order relates to Chapter IV. It further provides that the appellate authority shall not be an authority below the rank of the Joint Director of the Corporation as may be provided by regulations. It also provides that such appeal may be preferred within sixty days from the date of such order after depositing twenty-five per cent. of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the Corporation and the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal. It also provides that if the employer finally succeeds in the appeal, the Corporation shall refund such deposit to the employer together with such interest as may be specified in the regulations.
Clause 127 of the Bill seeks to provide that the employer shall be liable to pay simple interest at such rate as may be notified by the Central Government, from the date on which any amount has become due under the Bill till the date of its actual payment.
Clause 128 of the Bill seeks to empower the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate Government, to recover damages from the employer where an employer makes default in the payment of any contribution which he is liable to pay in accordance with the provisions of Chapter III or Chapter IV, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under Chapter III, or in the payment of any charges payable under any other provision of the Bill. It further provides that such damages shall be an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of Chapter IV and in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the Central Government. It also provides that the Central Board or the Corporation as the case may be, may reduce or waive the damages levied under the said clause in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the Insolvency and Bankruptcy Code, 2016 subject to the terms and conditions as may be specified by notification, by the Central Government.
Clause 129 of the Bill seeks to provide for recovery of amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount which is in arrear. It further provides that the Authorised Officer, or the competent authority, as the case may be, shall issue to the Recovery Officer a certificate electronically or otherwise, specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes specified in the said clause.
Clause 130 of the Bill seeks to provide that when the Authorised Officer or the competent authority, as the case may be, issues a certificate to a Recovery Officer under clause 129, it shall not be open to the employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the Recovery Officer. It further provides that where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under the Bill, the Authorised Officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be, in consonance with such finality or conclusion.
Clause 131 of the Bill seeks to provide for other modes of recovery of the amount referred to in clause 129 by empowering the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation so authorised by it in this behalf, to recover the amount by any one or more of the modes provided in the said clause, including, requiring the person from whom the amount is due to any employer who is in arrears, to deduct from such person the said arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation so authorised by it in this behalf:
Clause 132 of the Bill seeks to provide that the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in clause 129 of the Bill, instead of to the income tax.
Clause 133 of the Bill seeks to provide penalty for failure to pay contribution, etc, as specified in the clause, in consonance with the gravity of the offences.
Clause 134 of the Bill seeks to provide for enhanced punishment for commission of the second, or every subsequent such offence.
Clause 135 of the Bill seeks to provide that where an offence under Chapter XII has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Clause 136 of the Bill seeks to provide that no court shall take cognizance of an offence punishable under the Bill, except on a complaint made by an aggrieved person or such officer as may be notified by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under the Bill relating to those Chapters, and for the purposes of offences relating to other provisions of the Bill and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate Government.
Clause 137 of the Bill seeks to provide for prior opportunity before initiation of prosecution proceeding against an employer for any offence under Chapter XII, to comply with the relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer. It further provides that no such opportunity shall be accorded to an employer, if the violation of the same nature of such provisions is repeated within a period of three years from the date on which such first violation was committed.
Clause 138 of the Bill seeks to provide for compounding of offences specified under the said clause in the manner and subject to the conditions specified therein.
Clause 139 of the Bill seeks to empower the appropriate Government, by notification, to require the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, to report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition.
Clause 140 of the Bill seeks to make the provisions of Chapter XIII inapplicable in respect of vacancies relating to any employment or establishment specified therein. It further makes the provisions of the said Chapter inapplicable to vacancies which are proposed to be filled through independent recruitment agencies such as Union Public Service Commission, Staff Selection Commission or a State Public Service Commission or any other agencies as may be notified by the Central Government; or to vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate Government.
Clause 141 of the Bill seeks to provide that the Central Government shall establish a Social Security Fund for social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received under sub-clause (3) of clause 109, under sub-clause (3) of clause 114; and from the composition of the offences under the Bill relating to Central Government and from any other Social Security Fund established under any other central labour law. It further provides that the State Government shall establish a Social Security Fund for the welfare of the unorganised workers in which there shall be credited the amount received from the composition of offences under the Bill relating to the State Government; and such other sources as may be prescribed by the State Government.
Clause 142 of the Bill seeks to require an employee or unorganised worker or any other person, to establish his identity or, as the case may be, the identity of his family members or dependants through Aadhaar number, for the purposes of registration as member or beneficiary; or seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or availing services of career centre; or receiving any payment or medical attendance as Insured Person himself or for his dependants, under the Bill or rules, regulations or schemes made or framed there under. It further provides that any foreigner employee shall obtain and submit Aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
Clause 143 of the Bill seeks to empower the appropriate Government, by notification, and subject to the certain conditions as may be prescribed by the Central Government in this behalf, to grant exemption to an establishment or class of establishments or employees or class of employees, from any or all of the provisions of the Bill or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification. It further provides that for the purpose of grant of exemption in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, the terms and conditions of exemption shall be specified in such respective schemes. It also provides that the exemption shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the Bill or the scheme framed there under. It also gives an option to an employer of an establishment so exempted, to surrender the exemption so granted in the manner specified in the said clause and on such cancellation, the employer and the board of trustees shall transfer accumulation of each employee and surplus and reserves from the fund, to the concerned statutory funds within such time and in such manner as may be notified by the appropriate Government. It also provides that in respect of any surrender of exemption from the Provident Fund Scheme, Pension scheme and the Insurance Scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund, to the concerned statutory funds shall be such as may be specified in the concerned schemes framed under Chapter III.
Clause 144 of the Bill seeks empower the Central Government, by order, to defer or reduce employer’s contribution, or employee’s contribution, or both, payable under Chapter III or Chapter IV, as the case may be, for a period up to three months at a time, in respect of establishment to which Chapter III or Chapter IV, as the case may be, applies, for whole of India or part thereof in the event of pandemic, endemic or national disaster.
Clause 145 of the Bill seeks to provide that where an employer transfers his establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under the Bill in respect of the periods up to the date of such transfer. It further provides that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer.
Clause 146 of the Bill seeks to provide that every member of a Social Security Organisation and the officers and staff thereof, any Inspector-cum-Facilitator, competent authority, Authorised Officer, Recovery Officer and any other person discharging any function under the Bill, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Clause 147 of the Bill seeks to provide for protection of a person or authority specified therein, from any suit, prosecution or other legal proceeding, if action is taken in good faith in pursuance of the proposed Bill.
Clause 148 of the Bill seeks to provide that if the appropriate Government is satisfied that any establishment or any other person has misused any benefit provided to him under the Bill or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification. It further prohibits the appropriate Government to pass such order unless an opportunity of being heard is given to such establishment or other person, as the case may be. It also provides that the manner to ascertain misuse of any such benefit relating to Chapter III, shall be specified in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be.
Clause 149 of the Bill seeks to empower the Central Government to give directions to any State Government or a State Board to execute in that State, of any of the provisions of the Bill; or to any of the Social Security Organisations in respect of the matters relating to the implementation of the provisions of the Bill.
Clause 150 of the Bill seeks to empower the appropriate Government, subject to the condition of previous publication, to frame schemes not inconsistent with the Bill, for the purposes of giving effect to the provisions thereof.
Clause 151 of the Bill seeks to provide that the amount standing to be credited in favour of the employee under Chapters III, IV, V, VI or VII or, of any member of any fund, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be. It further provides that such amount shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016.
Clause 152 of the Bill seeks to empower the Central Government, on being satisfied, by notification, to amend the First Schedule, Fourth Schedule, Fifth Schedule, Sixth Schedule and Seventh Schedule and the appropriate Government, on being satisfied, by notification, to amend the Second Schedule and Third Schedule, respectively, by way of addition or deletion therein and upon such addition or deletion, the Schedules shall stand to have been amended accordingly.
Clause 153 of the Bill seeks to provide that organisations constituted or established under the enactments repealed under clause 164 shall, after the commencement of the Bill, continue to exercise the powers and discharge the functions of the corresponding organisations under the Bill, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of the Bill, till such corresponding organisations are constituted under the Bill or till their respective time period under the repealed enactments expire, whichever is earlier.
Clause 153 of the Bill seeks to provide for power of Central Government to make rules. The appropriate Government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed Code.
Clause 154 of the Bill seeks to empower the appropriate Government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the Bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified therein.
Clause 155 of the Bill seeks to empower the Central Government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the Bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified therein.
Clause 156 of the Bill seeks to empower the State Government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the Bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified therein.
Clause 157 of the Bill seeks empower the Corporation by notification, and subject to the condition of previous publication, to make regulations, not inconsistent with the Bill and the rules and schemes made or framed there under, for the administration of the affairs of the Corporation and for carrying into effect the provisions of Chapter IV and the provisions of the Bill relating to that Chapter, in respect of the matters specified therein.
Clause 158 of the Bill seeks to provide that the power to make rules, regulations and schemes under the Bill (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication, in the manner specified therein. The purpose of such publication is to obtain the objections and suggestions of the persons affected and to consider those objections and suggestions before the rules, regulations are finalised.
Clause 159 of the Bill seeks to empower the Central Government, by notification, to make rules for the transfer to any foreign country of money deposited with a competent authority under Chapter VII which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any State of any money deposited under the law relating to employees’ compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any State.
Clause 160 of the Bill seeks to provide for laying of rules, regulations, notifications and schemes made or framed by the Central Government or the Corporation, as the case may be, under the Bill, as soon as may be after it is made or framed, before each House of Parliament. It further provides that the rules and schemes made or framed, and notifications issued by, the State Government under the Bill, shall be laid as soon as may be after it is made or framed, before the State Legislatures, where it consists of two Houses, or where such legislature consists of one House, before that House.
Clause 161 of the Bill seeks to provide that the provisions of the Bill shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of the Bill. It further provides that nothing contained in the Bill shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under the Bill.
Clause 162 of the Bill seeks to empower the appropriate Government, by notification, to direct that all or any of the powers and functions which may be exercised or performed by that Government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the Central Board, the Corporation, the National Social Security Board, the State Unorganised Workers Board, Building Workers’ Welfare Board or any officer or authority subordinate to the Central Board, the Corporation, the National Social Security Board, the State Unorganised Workers Board, Building Workers’ Welfare Board.
Clause 163 of the Bill seeks to empower the Central Government, by order, published in the Official Gazette, to make such provisions, not inconsistent with the provisions of the Bill, as may be necessary or expedient for removing the difficulty. It further provides that no such order shall be made under the said clause after the expiry of a period of two years from the commencement of the Bill.
Clause 164 of the Bill seeks to provide for repeal of certain enactments specified in the clause. It further provides for saving of certain actions under the repealed enactments. It also provides that the Employees’ Provident Funds Scheme, 1952, the Employees’ Deposit Linked Insurance Scheme, 1976, the Employees’ Pension Scheme, 1995 and the Employees’ Provident Funds (Appellate Tribunal Procedure) Rules, 1997 framed or made under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the rules, regulations and schemes made or framed under the Employees’ State Insurance Act, 1948, shall remain in force, to the extent they are not inconsistent with the provisions of the Bill, for a period of one year from the date of commencement of the Bill. It also provides that any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it is ceased to be in operation under the provisions of the Bill or any direction made thereunder for such purpose.
FINANCIAL MEMORANDUM
Clause 13 of the Bill provides for entrustment of additional functions to Social Security Organisations. It further provides for appointment or engagement of new officers, if necessary and the expenditure incurred in discharging the additional functions including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the Central Government.
2. Clause 109 and clause 114 of the Bill provides that the scheme notified by the Central Government under the said clauses may be wholly funded or partly funded by the Central Government. Hence, the financial implications may arise in future while formulating and implementing the aforesaid schemes.
3. At present, it is not possible to estimate such recurring and non recurring expenditures for the purposes specified in the preceding paragraphs.
4. The other expenditures that would be involved, if the Bill is enacted and brought into operation, are the existing expenditure and no additional expenditure shall be required for such purpose.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (1) of clause 155 empowers the Central Government, to make rules for the purpose of giving effect to the provisions of the proposed legislation. Sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made. These matters include (a) the manner, and the conditions subject to which, the provisions of Chapter III shall be made inapplicable to an establishment by the Central Provident Fund Commissioner, under sub-clause (5), the manner, and the conditions subject to which the provisions of that Chapter IV shall be made inapplicable to an establishment by the Director General of the Corporation under sub-clause (7), of clause 1; (b) manner of establishment and maintenance of career centre and the career services, the income of dependent parents and other authority who shall be deemed to be the occupier, under clause 2; (c) the time and manner of registration of establishment under sub-clause (1) and the manner of making application for cancellation of the registration, the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto under sub-clause (3), of clause 3; the manner of administration of the funds vested in the Central Board under sub-clause (1), the manner to assist the Central Board in performance of its functions by Executive Committee under sub-clause (3), the terms and conditions, including tenure of office of members of the Central Board and Executive Committee under sub-clause (6) and the other functions and the manner of performing such functions under sub-clause (7), of clause 4; the manner of administration of the Corporation and the manner of representation of States under sub-clause (1) (d), the manner of constitution of Standing Committee under sub-clause (3), the manner of administration of the affairs of the Corporation, exercise of powers and performance of functions by the Standing Committee under sub-clause (4) (a), the duties and powers of Medical Benefit Committee under sub-clause (5) (b) and the terms and conditions, including tenure of office, subject to which a member of the Corporation and Standing Committee shall discharge their respective duties under sub-clause (7), of clause 5; ( f ) the manner of exercising the powers and performance of the functions by the National Social Security Board under sub-clause (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-clause (4) and time, place and rules of procedure relating to the transaction of business under sub-clause (6), of clause 6; (g) other welfare measures and facilities under sub-clause (6) ( j) of clause 7; (h) the intervals at which Social Security Organisation or any Committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-clause (1), and the fee and allowances of members of such Social Security Organisation or Committee under sub-clause (4), of clause 9; (i) manner of reconstitution of the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers Board or the Building Workers’ Welfare Board or any of the Committees under sub-clause (1) and the alternate arrangements for the purpose of administration of the relevant provisions of the Bill under sub-clause (2), of clause 11; ( j) manner of maintenance of a provident fund account in relation to the establishment under sub-clause (1) of clause 21; (k) the form, manner, time-limits and fees for filing of appeal under sub-clause (2) of clause 23; (l) salary and allowances of the Director General or the Financial Commissioner under sub-clause (3), their powers and duties under sub-clause (4) and maximum monthly salary limit under the proviso to sub-clause (7), of clause 24; (m) the manner of investment of Employees’ State Insurance Fund or any other money which is held by Corporation under sub-clause (4) of clause 25; (n) limits for defraying of expenditure under clause 26 (k); (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys by the Corporation under sub-clause (2) and the terms to raise loans and taking measures for discharging such loans under sub-clause (3), of clause 27; (p) manner of insurance of employees under sub-clause (1) of clause 28; (q) the rate of contributions under sub-clause (2) of clause 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under clause 30; (s) the limit for the amount of payment under the proviso to sub-clause (1)(f), and the qualifications to claim benefits, conditions, rate and period thereof under sub-clause (3), of clause 32; (t) the limits within which the Corporation may incur expenditure from the Employees’ State Insurance Fund under clause 33; (u) the manner and time within which the Insured Person or the Corporation may file appeal under sub-clause (7)(a) of clause 37; (v) the rates, periods and conditions for payment of dependants’ benefit under sub-clause (1) and to other dependants under sub-clause (2), of clause 38; (w) the qualification and conditions subject to which an Insured Person and his family may claim medical benefit, the scale and period thereof, and other conditions subject to which an Insured Person may continue to receive such benefit under sub-clause (3) of clause 39; (x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-clause (6) of clause 40; (y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-clause (1) of clause 42; (z) terms and conditions subject to which the scheme may be operated under clause 44; (za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government under sub-clause (1), conditions to exempt and manner of establishing an approved gratuity fund under sub-clause (2) and the time limit to get establishment registered by the employer under sub-clause (3), of clause 57; (zb) the form of notice under sub-clause (1) and the proof of pregnancy and proof of delivery under sub-clause (5), of clause 62; (zc) the proof of miscarriage or medical termination of pregnancy under sub-clause (1), the proof of tubectomy operation under sub-clause (2) and the proof of illness under sub-clause (3), of clause 65; (zd) the duration of breaks under clause 66; (ze) the number of employees and distance for crèche facility under sub-clause (1) of clause 67; (zf ) gross misconduct under the second proviso to sub-clause (1) of clause 68; (zg) rate of interest to be paid by the employer under sub-clause (3)(a) of clause 77; (zh) the manner of notice under sub-clause (1) and the manner of transmitting money under sub-clause (3), of clause 92; (zi) the form, manner and fee for application for claim or settlement under sub-clause (3) of clause 93; (zj) the manner and time of collection of cess under sub-clause (2), manner of deposit of the cess so collected under sub-clause (3) and the uniform rate or rates of advance cess under sub-clause (4), of clause 100; (zk) the rate of interest in case of delayed payment of cess under clause 101; (zl) the manner of self-assessment of cess under sub-clause (1) of clause 103; (zm) the authority to inquire and impose penalty under clause 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-clause (1) of clause 105; (zo) manner of registration as beneficiary under clause 106; (zp) benefits of a beneficiary under sub-clause (2) of clause 107; (zq) eligible age for registration and form and manner of information under sub-clause (1) (a) and (b), and the form of application and documents for registration and the manner of self registration sub-clause (2), of clause 113; (zr) carrying out the matters specified in sub-clause (7)(i) of clause 114; (zs) manner of compounding of offences under sub-clause (1) of clause 138; (zt) the manner of establishment and administration of the Social Security Fund under sub-clause (4) of clause 141; (zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-clause (1); and extension period of exemption under sub-clause (3), of clause 143; and (zv) any other matter which is required to be, or may be, Central Government under the provisions of the Bill.
2. Sub-clause (1) of clause 156 empowers the State Government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislations. Sub-clause (2) specifies the matters in respect of which rules may be made. These matters include (a) the manner of exercising the powers and performance of functions by State Unorganised Workers’ Board under sub-clause (9), the manner of nomination of members of the Board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the Board under sub-clause (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-clause (14), of clause 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building workers’ welfare Board and the manner of filling of casual vacancies of such members, under sub-clause (4), the terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the said Board under sub-clause (5) (c), of clause 7; (c) procedure to be followed by the Employees’ Insurance Court under sub-clause (2) and the rules under sub-clause (3) of clause 50; (d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-clause (7) of clause 76; (e) conditions when application for review is made without certificate of a medical practitioner under sub-clause (1) of clause 79; (f) the frequent interval for medical examination under the proviso to sub-clause (1) of clause 84; (g) the form of statement to be submitted by the employer under sub-clause (1) of clause 88; (h) manner in which matters may be dealt with by or before a competent authority under sub-clause (1) of clause 92; (i) time-limit for disposal of application and costs incidental to the proceedings under sub-clause (4) of clause 93; ( j) the manner of authentication of memorandum under clause 97; (k) such other sources of funding and the manner of administering and expending of the fund under sub-clause (5) of clause 141; and (l) any other matter which is required to be, or may be, prescribed by the State Government under the provisions of the Bill.
3. Sub-clause (1) of clause 154 empowers the appropriate Government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation. Sub-clause (2) specifies the matters in respect of which such rules may be made. These matters include (a) the amount in connection with premium for Group Insurance Scheme of the beneficiaries, the educational schemes for the benefit of children of the beneficiaries and the medical expenses for treatment of major ailments of a beneficiary or, such dependant, under sub-clause (6) (c), (d) and (e ) of clause 7; (b) manner and time within which second appeal may be filed to the Employees’ Insurance Court by the Insured Person or the Corporation under sub-clause (7) (b) of clause 37; (c) the manner of commencement of proceedings before the Employees Insurance Court and fees and procedure thereof under sub-clause (1) of clause 51; (d) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the third proviso to sub-clause (1) of clause 53; (e) the time, form and manner of nomination by an employee under sub-clause (1), the time to make fresh nomination under sub-clause (4), the form and manner of modification of a nomination under sub-clause (5) and the form for fresh nomination under sub-clause (6), of clause 55; (f) time within which and the form in which a written application shall be made under sub-clause (1) and the form of application to the competent authority under sub-clause (5) (b), of clause 56; (g) the manner of registration of an establishment by the employer under sub-clause (3) the manner of composition of the Board of Trustees of the approved gratuity fund and the manner in which the competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-clause (4), of clause 57; (h) the qualifications and experience of the officer appointed as the competent authority under sub-clause (1) of clause 58; (i) authority to whom an appeal may be preferred under sub-clause (3) of clause 72; ( j) class of employers and the form of notice-book under sub-clause (4) of clause 82; (k) the manner of recording the memorandum in a register by the competent authority under sub-clause (1) of clause 89; (l) such other experience and qualifications for appointment as a competent authority under sub-clause (1) of clause 91; (m) time limit to pay the amount of cess under clause 101; (n) fees for appeal under sub-clause (2) of clause 105; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys, reinvest or realise investments under sub-clause (2), terms to raise loans and take measures for discharging such loans under sub-clause (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-clause (4), of clause 120; (p) conditions and manner of writing off irrecoverable dues under clause 121; (q) other powers of Inspector-cum-Facilitator under sub-clause (6) (e) of clause 122; (r) form and manner for maintenance of records and registers and other particulars and details, manner and form for display of notices at the work places of the employees and the manner and period of filing returns to the officers or authority under clause 123 (a), (b) and (d); (s) the form and manner of application for compounding of an offence under sub-clause (4) of clause 138; (t) the manner and form for reporting vacancies and form for filing the return by the employer, to the concerned career centre under sub-clause (2) of clause 139; (u) the time within which the Central Board or the Corporation, as the case may be, shall forward its view to the appropriate Government under sub-clause (1), conditions which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-clause (2) and conditions for management of the trust under sub-clause (5) of clause 143; (v) manner of determining the misuse of any benefit by an establishment or by any other person under clause 148: and (w) any other matter which is required to be, or may be, prescribed by the appropriate Government under the provisions of the Bill.
4. Sub-clause (1) of clause 157 empowers the Corporation, subject to the condition of previous publication to make regulations for carrying into effect the provisions of Chapter VI and the provisions of the Bill relating to that Chapter. Sub-clause (2) specifies the matters in respect of which such regulations may be made. These matters include (a) the cases and matters to be submitted for the decision of the Corporation under sub-clause (4) (b) and the composition of committees under sub-clause (6), of clause 5; (b) the areas in respect of which the Corporation may appoint Regional Boards and local committees and the manner in which such Boards and committees shall perform the functions and exercise the powers under sub-clause (2) of clause 12; (c) such other functions of the Director General and the Financial Commissioner under sub-clause (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under of sub-clause (8) (a) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-clause (9), of clause 24; (d) the unit in respect of which all contribution shall be payable under sub-clause (3), and the days on which the contributions shall fall due under sub-clause (4), of clause 29; (e) maintenance of register of employees by or through the contractor under sub-clause (7), and any matter relating or incidental to the payment and collection of contribution under sub-clause (9), of clause 31; (f) qualifications and experience of other person to certify sickness, authority to certify eligibility of a woman and authority to certify eligibility for payment under sub-clause (1) (a), (b) and (c), the conditions for extension of medical benefits under sub-clause (2) and any matter relating or incidental to the accrual and payment of benefits under sub-clause (4), of clause 32; (g) continuous period in which the employee contracts occupational disease under sub-clause (1) of clause 36; (h) constitution of medical board under sub-clause (1) and constitution of medical appeal tribunal under sub-clause (5), of clause 37; (i) the period and the nature of medical benefit which may be allowed to a person, conditions for voluntary retirement scheme, payment of contribution and other conditions for eligibility to receive medical benefits and the conditions for grant of medical benefits to the Insured Person during employment injury under sub-clause (3), the time for which students of medical education institutions shall serve the Corporation and the manner in which the bond shall be furnished under sub-clause (4) (b) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of Insured Persons under sub-clause (6), of clause 39; ( j) other authority for providing permission to leave the area in which medical treatment provided under sub-clause (3) (c), form of nomination under sub-clause (6) and the authority to determine benefits under sub-clause (9), of clause 41; (k) user charges to be paid by other beneficiaries for medical facilities under the Explanation to clause 44; (l) time within which the claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be made under sub-clause (1) of clause 51; (m) the forms of records and registers and of returns to be filed under clause 123 (d); (n) the appellate authority not below the rank of the Joint Director of the Corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the Corporation under clause 126; (o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under clause 128; (p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and (q) any matter in respect of which regulations are required or permitted to be made by the Bill.
5. The matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character.
Download Code on Social Security, 2020 as introduced in Lok Sabha on 19th September 2020.
