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Showing posts from October, 2021

Section 40 Code on Social Security, 2020

 Section 40 Code on Social Security, 2020 : Section 40   National Social Security Board and State Unorganised Workers’ Board.  Provision of medical treatment by State Government or by Corporation. (1) The State Government shall provide for Insured Persons and (where such benefit is extended to their families) their families in the State, reasonable medical, surgical and obstetric treatment: Provided 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. (2) Where the incidence of sickness benefit payment to Insured Persons in any State is found to exceed the all-India average, the amount of such excess shall be shared between the Corporation and the State Government in such proportion as may be fixed by agreement between them: Provided that the Corporation may in any case waive the recovery of the whole or any part of the share wh

Section 39 Code on Social Security, 2020

 Section 39 Code on Social Security, 2020 : Section 39  National Social Security Board and State Unorganised Workers’ Board.    Medical benefit. (1) An Insured Person or (where such medical benefit is extended to his family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. (2) Such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the Insured Person or treatment as in-patient in a hospital or other institution. (3) The qualification of an Insured Person and (where such medical benefit is extended to his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the Central Government: Provided that a person in respect of whom contribution ceases to be payable under this Chap

Section 38 Code on Social Security, 2020

  Section 38 Code on Social Security , 2020 : Section 38  National Social Security Board and State Unorganised Workers’ Board.  Dependants’ benefit. (1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants 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. (2) In case the Insured Person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government. (3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any

Section 37 Code on Social Security, 2020

  Section 37 Code on Social Security, 2020 : Section  37  National Social Security Board and State Unorganised Workers’ Board.   References to medical board. (1) Any question— (a) whether the relevant accident has resulted in permanent disablement; or (b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or (c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or (d) in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the “disablement question”. (2) The case of any Insured Person for permanent disablement benefit shall be referred by the Corporation to a medical board for determination of the disablement in question and if, on that or any subsequent refer

Section 36 Code on Social Security, 2020

 Section 36 Code on Social Security, 2020 : Section 36   Occupational disease. (1) If an employee employed in any employment specified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in Part B of that Schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify by regulations in respect of each such employment, contracts any disease specified in such Part C as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an “employment injury “, arising out of and in the course of employment. (2) Save as provided by sub-section (1), no benefit shal

Section 35 Code on Social Security, 2020

 Section 35 Code on Social Security, 2020 : Section 35   National Social Security Board and State Unorganised Workers’ Board.  Accidents happening while acting in breach of law, etc. An accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if— (a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act is done for the purpose of and in connection with the employer's trade or business. Section 35 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 35 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bi

Section 34 Code on Social Security, 2020

 Section 34 Code on Social Security, 2020 : Section 34   National Social Security Board and State Unorganised Workers’ Board.   Presumption as to accident arising in course of employment. (1) For the purposes of this Chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employment. (2) An accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. (3) An accident occurring to an employee while commuting from his residence to the place of employment for duty or f

Section 33 Code on Social Security, 2020

Section 33 Code on Social Security, 2020 : Section 33  National Social Security Board and State Unorganised Workers’ Board.  Corporation’s power to promote measures for health, etc., of Insured Persons. The Corporation may, in addition to the benefits specified in this Chapter, promote measures for the improvement of the health and welfare of Insured Persons and for the rehabilitation and re-employment of Insured Persons who have been disabled or injured and may incur in respect of such measures, expenditure from the Employees' State Insurance Fund within such limits as may be prescribed by the Central Government. Section 33 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 33 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bills_parliament/2020/Code%20on%20Social%20Security,%202020%20Bill%20Text%20Hindi.pdf Supreme Court of India Important Judgments And Leading Case Law Related to Section 33 Social Sec

Section 32 Code on Social Security, 2020

  Section 32 Code on Social Security, 2020 : Section 32  National Social Security Board and State Unorganised Workers’ Board.  Benefits. (1) Subject to the provisions of this Code, the Insured Persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:— (a) periodical payments to any Insured Person in case of his sickness certified by a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the Corporation may, by the regulations, specify in this behalf (hereinafter referred to as sickness benefit); (b) 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 in this behalf by the regulations (hereinafter referred to as maternity benefit); (c) peri

Section 31 Code on Social Security, 2020

 Section 31 Code on Social Security, 2020 : Section 31   National Social Security Board and State Unorganised Workers’ Board.   Provisions as to payment of contributions by employer, etc. (1) The employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contribution. (2) Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Code and the rules and regulations, if any, made thereunder in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise: Provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the

Section 30 Code on Social Security, 2020

   Section 30 Code on Social Security, 2020 : Section 30  National Social Security Board and State Unorganised Workers’ Board.  Administrative expenses. The types of expenses which may be termed as administrative expenses and the percentage of the income of the Corporation which may be spent for such expenses shall be such as may be prescribed by the Central Government and the Corporation shall keep its administrative expenses within the limit so prescribed by the Central Government. Section 30 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 30 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bills_parliament/2020/Code%20on%20Social%20Security,%202020%20Bill%20Text%20Hindi.pdf Supreme Court of India Important Judgments And Leading Case Law Related to Section 30 Social Security Code 2020 :  Not Yet Available To download this dhara / Section of Social Security Code 2020 in pdf format use chrome web browser

Section 29 Code on Social Security, 2020

  Section 29 Code on Social Security, 2020 : Section 29 National Social Security Board and State Unorganised Workers’ Board.  Contributions. (1) The contribution payable under this Chapter in respect of an employee shall comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation. (2) The contributions (employer's contribution and the employees contribution both) shall be paid at such rates as may be prescribed by the Central Government. (3) The wage period in relation to an employee shall be the unit as specified in the regulations (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this Chapter. (4) The contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period, and where an employee is emp

Section 28 Code on Social Security, 2020

  Section 28 Code on Social Security, 2020 : Section 28  National Social Security Board and State Unorganised Workers’ Board.  All employees to be insured. (1) Subject to the provisions of this Code, every employee in an establishment to which this Chapter applies shall be insured in such manner whether electronically or otherwise, as may be prescribed by the Central Government. (2) An employee whether insured or insurable under sub-section (1) in respect of whom contributions are or were payable and who is by reason thereof, entitled to any of the benefits provided under this Chapter, shall be called “Insured Person”. Section 28 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 28 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bills_parliament/2020/Code%20on%20Social%20Security,%202020%20Bill%20Text%20Hindi.pdf Supreme Court of India Important Judgments And Leading Case Law Related to Section 28 Social S

Section 27 Code on Social Security, 2020

  Section 27 Code on Social Security, 2020 : Section 27  National Social Security Board and State Unorganised Workers’ Board.  Holding of property, etc. (1) The Corporation may, subject to such conditions as may be prescribed by the Central 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 the purposes for which the Corporation is established. (2) Subject to such conditions as may be prescribed by the Central Government, the Corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this Code and may, subject to as aforesaid, from time to time re-invest or realise such investments. (3) The Corporation may, with the previous sanction of the Central Government and on such terms as may be prescribed by it, raise loans and take measures for discharging such

Section 26 Code on Social Security, 2020

  Section 26 Code on Social Security, 2020 : Section 26  National Social Security Board and State Unorganised Workers’ Board.   Purposes for which Employees’ State Insurance Fund may be expended. Subject to the provisions of this Chapter and the rules and regulations relating thereto, made under this Code, the Employees' State Insurance Fund shall be expended only for the following purposes, namely:— (a) payment of benefits and provision of medical treatment and attendance to Insured Persons referred to in section 28 and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this Chapter and the rules and regulations relating thereto and defraying the charges and costs in connection therewith; (b) payment of fees and allowances to members of the Corporation, the Standing Committee, the Medical Benefit Committee or other Committees thereof; (c) payment of salaries, leave and joining time

Section 25 Code on Social Security, 2020

  Section 25 Code on Social Security, 2020 : Section 25   National Social Security Board and State Unorganised Workers’ Board.   Employees’ State Insurance Fund. (1) All contributions and user charges paid under this Chapter and all other moneys received on behalf of the Corporation shall be paid into a fund (hereinafter referred to as the Employees' State Insurance Fund) which shall be held and administered by the Corporation for the purposes of this Code: Provided that the user charges collected from the other beneficiaries referred to in section 44 shall be deemed to be contribution and shall form part of Employees' State Insurance Corporation. (2) The Corporation may accept grants, donations, Corporate Social Responsibility Fund and gifts from the Central or any State Government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this Chapter. (3) Subject to the other provisions contained in this Code and to any rules o

Section 24 Code on Social Security, 2020

Section 24 Code on Social Security, 2020 : Section 24   National Social Security Board and State Unorganised Workers’ Board .  Principal Officers and other staff. (1) The Central Government may appoint a Director General of the Corporation and a Financial Commissioner, who shall be the Principal Officers of the Corporation. (2) The Director General and the Financial Commissioner shall hold office for such period, not exceeding five years, as may be specified in the order of appointment: Provided that outgoing Director General or Financial Commissioner, as the case may be, shall be eligible for re-appointment if he is otherwise qualified. (3) The Director General or the Financial Commissioner shall receive such salary and allowances as may be prescribed by the Central Government. (4) The Director General and the Financial Commissioner shall exercise such powers and discharge such duties as may be prescribed by the Central Government and shall perform such other functions as may be speci

Section 23 Code on Social Security, 2020

  Section 23 Code on Social Security, 2020 : Section 23   National Social Security Board and State Unorganised Workers’ Board.   Appeal to Tribunal. (1) Any person aggrieved by an order passed by any authority in regard to the following matters may prefer an appeal to the Tribunal constituted by the Central Government, namely:— (a) determination and assessment of dues under section 125 relating to Chapter III; and (b) levy of damages under section 128 relating to Chapter III. (2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the Central Government. (3) No appeal under clause (a) of sub-section (1) by the employer shall be entertained by the Tribunal unless he has deposited with Social Security Organisation concerned twenty-five per cent. of the amount due from him as determined by an officer under section 125. (4) The Tribunal shall endeavour to decide the appeal within a period of one ye

Section 22 Code on Social Security, 2020

 Section 22 Code on Social Security, 2020 : Section 22   National Social Security Board and State Unorganised Workers’ Board.  Transfer of accounts. Where an employee,— (a) employed in an establishment to which this Chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this Chapter applies or not; or (b) employed in an establishment to which this Chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this Chapter applies, then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be specified in the Provident Fund Scheme or the Pension Scheme, as the case may be. Section 22 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 22 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bills_parliament/2020/Code%

Section 21 Code on Social Security, 2020

   Section 21 Code on Social Security, 2020 : Section 21  National Social Security Board and State Unorganised Workers’ Board.  Authorising certain employers to maintain provident fund accounts. (1) The Central Government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the Central Government and subject to such terms and conditions as may be specified in the Provident Fund Scheme: Provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this Code during the three years immediately preceding the date of such authorisation. (2) Where an establishment is autho

Section 20 Code on Social Security, 2020

  Section 20 Code on Social Security, 2020 : Section 20 National Social Security Board and State Unorganised Workers’ Board.  Chapter not to apply to certain establishments. (1) This Chapter shall not apply— (a) to any establishment registered under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in any State relating to co-operative societies employing less than fifty persons and working without the aid of power; or (b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; or (c) to any other establishment set up under any Central or State or any other law for the time being in force and whose employees are entitled to the benefits of contributory provident fund or

Section 19 Code on Social Security, 2020

   Section 19 Code on Social Security, 2020 : Section 19  National Social Security Board and State Unorganised Workers’ Board.   Priority of payment of contributions over other debts. Notwithstanding anything contained in any other law for the time being in force, any amount due under this Chapter 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 (31 of 2016). Section 19 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 19 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bills_parliament/2020/Code%20on%20Social%20Security,%202020%20Bill%20Text%20Hindi.pdf Supreme Court of India Important Judgments And Leading Case Law Related to Section 19 Social Security Code 2020 :    Not Yet Available To download this dhara / Section of Social Security Code 2020 in pdf format use chrome web

Section 18 Code on Social Security, 2020

   Section 18 Code on Social Security, 2020 : Section 18  National Social Security Board and State Unorganised Workers’ Board.   Fund to be recognised under Act 43 of 1961. For the purposes of the Income-tax Act, 1961, the Provident Fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that Act: Provided that nothing contained in the said Act shall operate to render ineffective any provision of the Provident Fund Scheme (under which the Provident Fund is established) which is repugnant to any of the provisions of that Act or of the rules made thereunder. Section 6 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजेस / धारा 18 सामाजिक सुरक्षा संहिता 2020 [ सोशल सिक्‍योरिटी कोड 2020 ] का विवरण : -  https://hi.prsindia.org/files/bills_acts/bills_parliament/2020/Code%20on%20Social%20Security,%202020%20Bill%20Text%20Hindi.pdf Supreme Court of India Important Judgments And Leading Case Law Related to Section 18 Social Security Code 2020

Section 17 Code on Social Security, 2020

   Section 17 Code on Social Security, 2020 : Section 17   National Social Security Board and State Unorganised Workers’ Board.  Contribution in respect of employees and contractors. (1) The amount of contribution (that is to say, the employer's contribution as well as the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the Insurance Scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee, the employee's contribution under any scheme by deduction from the wages payable to suc

Section 16 Code on Social Security, 2020

   Section 16 Code on Social Security, 2020 : Section 16  National Social Security Board and State Unorganised Workers’ Board.  Funds. (1) The Central Government may, for the purposes of (a) the Provident Fund Scheme, establish a Provident Fund where the contributions paid by the employer to the fund shall be ten per cent. of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent. of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section: Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification, specify,

Section 15 Code on Social Security, 2020

  Section 15 Code on Social Security, 2020 : Section 15  National Social Security Board and State Unorganised Workers’ Board.  Schemes. (1) The Central Government may, by notification (a) frame a scheme to be called the Employees' Provident Fund Scheme for which the provident funds shall be established under this Chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply; (b) frame a scheme to be called the Employees' Pension Scheme for the purpose of providing for (i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this Chapter applies; (ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees; and (iii) nominee pension; (c) frame a scheme to be called the Employees' Deposit Linked Insurance Scheme for the purpose of provi

Section 14 Code on Social Security, 2020

  Section 14 Code on Social Security, 2020 : Section 14  National Social Security Board and State Unorganised Workers’ Board.  Appointment of officers of Central Board. (1) The Central Government may appoint a Central Provident Fund Commissioner who shall be the Chief Executive Officer of the Central Board and shall also function as head of the Employees Provident Fund Organisation. Explanation.For the purposes of this Code, the expression Employees Provident Fund Organisation means the organisation consisting of officers and employees of the Central Board. (2) The Central Provident Fund Commissioner shall be subject to the general control and superintendence of the Central Board in the discharge of his functions under this Code. (3) The Central Government shall also appoint a Financial Advisor and Chief Accounts Officer to assist the Central Provident Fund Commissioner in the discharge of his duties. 4) The Central Board may appoint, as many Additional Central Provident Fund Commissio

Section 13 Code on Social Security, 2020

Section 13 Code on Social Security, 2020 : Section 13  National Social Security Board and State Unorganised Workers’ Board.  Entrustment of additional functions to Social Security Organisations. Notwithstanding anything contained in this Code, the Central Government may, by notification,— (i) assign additional functions to a Social Security Organisation including administration of any other Act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification: Provided that while the additional function of administering the Act or scheme are assigned under this clause to a Social Security Organisation, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification: Provided further that the Social Security Organisations may assign such additional functions to ex

Section 12 Code on Social Security, 2020

  Section 12 Code on Social Security, 2020 : Section 12  National Social Security Board and State Unorganised Workers’ Board.  State Board, Regional Boards, local committees, etc. (1) The Central Government may, by notification,— (i) after consultation with the Government of any State, constitute for that State, a Board of Trustees (hereinafter in this Code referred to as a State Board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the Central Government from time to time; (ii) specify the manner of constitution of a State Board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto. (2) The Corporation may, by order, appoint Regional Boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the regulations. Section 12 The Code on Social Security, 2020 in Hindi / कोड ऑन वेजे