The Code on Social Security, 2020

1. Systematic Arrangement of Sections

CHAPTER I — PRELIMINARY

1. Short title extent, commencement and application.

2. Definitions.

3. Registration and cancellation of an establishment.

CHAPTER II — SOCIAL SECURITY ORGANISATIONS

4. Constitution of Board of Trustees of Employees' Provident Fund.

5. Constitution of Employees' State Insurance Corporation.

6. National Social Security Board and State Unorganised Workers' Board.

7. Constitution of State Building Workers' Welfare Boards.

8. Disqualification and removal of a member of any Social Security Organisation.

9. Procedure for transaction of business of Social Security Organisation, etc.

10. Executive Heads of Central Board and Corporation.

11. Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers' Board or the Building Workers' Welfare Board.

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

13. Entrustment of additional functions to Social Security Organisations.

CHAPTER III — EMPLOYEES' PROVIDENT FUND

14. Appointment of officers of Central Board.

15. Schemes.

2. Chapter I — Full Text Extraction

1. Short title, extent, commencement and application.

1. This Act may be called the Code on Social Security, 2020.

2. It extends to the whole of India.

3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision.

2. Definitions. — In this Code, unless the context otherwise requires,—

1. "appropriated Government" means in relation to certain specific classes of industrial or public establishments, the Central Government, and in relation to others, the State Government as configured under the specific statutory fields.

2. "establishment" means any place where any industry, trade, business, manufacture or occupation is carried on and includes Government establishment.

3. "wages" means all remuneration whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment.

4. "worker" means any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied.

3. Registration and cancellation of an establishment.

1. Every establishment to which this Code applies shall be registered in such manner and within such period as may be prescribed by the appropriate Government.

2. Where any establishment has been closed down completely or ceases to fall under the application parameters of this Code, the registration of such establishment shall be cancelled under statutory processing rules.

3. Chapter II — Social Security Organisations Full Text

4. Constitution of Board of Trustees of Employees' Provident Fund.

1. The Central Government shall, by notification, constitute a Board of Trustees for the territories to which this Code extends, to be called the Central Board, for the administration of the funds and schemes specified in Chapter III.

5. Constitution of Employees' State Insurance Corporation.

1. The Central Government shall, by notification, constitute a Corporation to be known as the Employees' State Insurance Corporation, to manage and administer the health, medical, and insurance infrastructures established under the relevant statutory mandates.

6. National Social Security Board and State Unorganised Workers' Board.

1. The Central Government shall constitute a National Social Security Board for unorganised workers to recommend and monitor welfare schemes for gig workers, platform workers, and unorganised personnel. 2. Every State Government shall likewise constitute a State Unorganised Workers' Social Security Board to execute localized safety policies.

7. Constitution of State Building Workers' Welfare Boards.

1. Every State Government shall, with effect from such date as it may by notification appoint, constitute a Board to be known as the Building and Other Construction Workers' Welfare Board to perform the functions assigned to it under this Code.

8. Disqualification and removal of a member of any Social Security Organisation.

1. No person shall be chosen as, or continue to be, a member of any Social Security Organisation if they are of unsound mind, an undischarged insolvent, or convicted of an offence involving moral turpitude.

9. Procedure for transaction of business of Social Security Organisation, etc.

1. A Social Security Organisation shall meet and execute transactions of its administrative business at such times and places, and shall observe such rules of procedure as may be explicitly prescribed by rules.

10. Executive Heads of Central Board and Corporation.

1. The Central Government may appoint a Central Provident Fund Commissioner to be the Chief Executive Officer of the Central Board, and a Director General to be the Chief Executive Officer of the Corporation.

11. Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers' Board or the Building Workers' Welfare Board.

1. If the Central Government or the State Government, as the case may be, is of the opinion that any such board has persistently defaulted or abused its powers, it may, by notification, supersede the board for a period not exceeding six months.

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

1. The Central Board or the Corporation may appoint regional boards and localized monitoring committees to decentralize operations across geographical limits.

13. Entrustment of additional functions to Social Security Organisations.

1. The appropriate Government may, by notification, entrust additional tasks, schemes, or financial tracking deployments to any existing Social Security Organisation under this Code.

5. Full Statement of Objects and Reasons

1. The Second National Commission on Labour recommended the amalgamation of labor laws into structured groups to facilitate unified implementation and ease compliance tracking.

2. This Bill seeks to simplify, rationalize, and consolidate multiple central labor enactments, including the Employees' Provident Funds and Miscellaneous Provisions Act, 1948, the Employees' State Insurance Act, 1948, and the Unorganised Workers' Social Security Act, 2008.

3. The implementation utilizes advanced web-based digital registration, algorithmic processing models, and digitized verification parameters to minimize enforcement leakages.

Salient Features Outlined by Minister:

1. Provision for payment of cess by an employer in case of building and other construction work on the basis of his self-assessment.

2. Provision for registration of every unorganised worker, gig worker, or platform worker on the basis of self-declaration electronically or otherwise, along with Aadhaar number.

3. Empowers the Central Government by order to defer or reduce employer's or employee's contribution payable under Chapter III or Chapter IV for a period up to three months at a time in the event of a pandemic, endemic, or national disaster.

4. Provides for the establishment and maintenance of separate accounts under a social security fund for the welfare of unorganised, gig, and platform workforces.

5. Allocates a separate account line for the collection of amounts received from the composition of offences under this Bill or other central labor frameworks.

SANTOSH KUMAR GANGWAR — New Delhi, 15th September, 2020.

G.S.R.	General Statutory Rules.
S.O.	Statutory Order.
Notifn.	Notification.

OCMWF

1. Systematic Arrangement of Sections

CHAPTER I — PRELIMINARY

CHAPTER II — SOCIAL SECURITY ORGANISATIONS

CHAPTER III — EMPLOYEES' PROVIDENT FUND

2. Chapter I — Full Text Extraction

1. Short title, extent, commencement and application.

2. Definitions. — In this Code, unless the context otherwise requires,—

3. Registration and cancellation of an establishment.

3. Chapter II — Social Security Organisations Full Text

4. Constitution of Board of Trustees of Employees' Provident Fund.

5. Constitution of Employees' State Insurance Corporation.

6. National Social Security Board and State Unorganised Workers' Board.

7. Constitution of State Building Workers' Welfare Boards.

8. Disqualification and removal of a member of any Social Security Organisation.

9. Procedure for transaction of business of Social Security Organisation, etc.

10. Executive Heads of Central Board and Corporation.

11. Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers' Board or the Building Workers' Welfare Board.

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

13. Entrustment of additional functions to Social Security Organisations.

4. Chapter III — Employees' Provident Fund Full Text

14. Appointment of officers of Central Board.

15. Schemes.

5. Full Statement of Objects and Reasons

Salient Features Outlined by Minister:

6. Abbreviations Register & Chronological Logs

LIST OF ABBREVIATIONS USED

CHRONOLOGICAL LOG MATRIX