India > Social security (general standards)

India - Social security (general standards) - Law, Act

Code on Social Security, 2019 (BILL) (PENDING ADOPTION) -

Adoption: 2019-09-17 | IND-2019-L-110009

The Code on Social Security, 2019 was introduced in Lok Sabha by the Minister of State for Labour and Employment, Mr. Santosh Kumar Gangwar, on December 11, 2019.

Under the Code, the central government may notify various social security schemes for the benefit of workers. These include an Employees’ Provident Fund (EPF) Scheme, an Employees’ Pension Scheme (EPS), and an Employees’ Deposit Linked Insurance (EDLI) Scheme.

Coverage and registration: The Code specifies different applicability thresholds for the schemes. For example, the EPF Scheme will apply to establishments with 20 or more employees. The ESI Scheme will apply to certain establishments with 10 or more employees, and to all establishments which carry out hazardous or life-threatening work notified by the central government. These thresholds may be amended by the central government. All eligible establishments are required to register under the Code, unless they are already registered under any other labour law.

Contributions: The EPF, EPS, EDLI, and ESI Schemes will be financed through a combination of contributions from the employer and employee. For example, in the case of the EPF Scheme, the employer and employee will each make matching contributions of 10% of wages, or such other rate as notified by the government. All contributions towards payment of gratuity, maternity benefit, cess for building workers, and employee compensation will be borne by the employer. Schemes for gig workers, platform workers, and unorganised workers may be financed through a combination of contributions from the employer, employee, and the appropriate government.

Social security organisations: The Code provides for the establishment of several bodies to administer the social security schemes. These include: (i) a Central Board of Trustees, headed by the Central Provident Fund Commissioner, to administer the EPF, EPS and EDLI Schemes, (ii) an Employees State Insurance Corporation, headed by a Chairperson appointed by the central government, to administer the ESI Scheme, (iii) national and state-level Social Security Boards, headed by the central and state Ministers for Labour and Employment, respectively, to administer schemes for unorganised workers, and (iv) state-level Building Workers’ Welfare Boards, headed by a Chairperson nominated by the state government, to administer schemes for building workers.

Inspections and appeals: The appropriate government may appoint Inspector-cum-facilitators to inspect establishments covered by the Code, and advise employers and employees on compliance with the Code. Administrative authorities may be appointed under the various schemes to hear appeals under the Code. For instance, the appropriate government may notify an appellate authority to hear appeals against the order of the Inspector-cum-facilitator for non-payment of maternity benefits. The Code also specifies judicial bodies which may hear appeals from the orders of the administrative authorities. For example, industrial tribunals (constituted under the Industrial Disputes Act, 1947) will hear disputes under the EPF Scheme.

Offences and penalties: The Code specifies penalties for various offences, such as: (i) the failure by an employer to pay contributions under the Code after deducting the employee’s share, punishable with imprisonment between one and three years, and fine of one lakh rupees, and (ii) falsification of reports, punishable with imprisonment of up to six months.

India - Social security (general standards) - Law, Act

Employee's Compensation (Amendment) Act, 2017 (No. 11 of 2017). -

Adoption: 2017-04-12 | IND-2017-L-106424

India - Social security (general standards) - Law, Act

The Pension Fund Regulatory and Development Authority Act, 2013 (No. 23 of 2013). -

Adoption: 2013-09-18 | IND-2013-L-96424

An Act to provide for the establishment of an Authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereto.

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

India - Social security (general standards) - Law, Act

Employees' State Insurance (Amendment) Act, 2010 (No. 18 of 2010). -

Adoption: 2010-05-24 | IND-2010-L-87983

Makes numerous amendments to the Act.

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

The Unorganised Workers' Social Security Rules 2009. -

Adoption: 2009-02-24 | IND-2009-M-92082

Implements the Unorganised Workers' Social Security Act, 2008.

India - Social security (general standards) - Law, Act

Unorganised Workers' Social Security Act, 2008 (No. 33 of 2008). -

Adoption: 2008-12-30 | IND-2008-L-81769

Provides for the establishment of social security schemes for unorganised workers - defined as "home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule II to this Act" (article 2(m)).

India - Social security (general standards) - Law, Act

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (No. 56 of 2007).

Adoption: 2007-12-29 | IND-2007-L-80025

Chapter I - Preliminary
Chapter II - Maintenance of Parents and Senior Citizens
Chapter III - Establishment of Oldage Homes
Chapter IV - Provisions for Medical Care of Senior Citizens
Chapter V - Protection of Life and Property of Senior Citizens
Chapter VI - Offences and Procedure for Trial
Chapter VII - Miscellaneous

India - Social security (general standards) - Regulation, Decree, Ordinance

The Pension Fund Regulatory and Development Authority Ordinance (No. 8 of 2004) -

Adoption: 2004-12-29 | IND-2004-R-70066

Establishes and sets out the duties and powers of the Pension Fund Regulartoy and Development Authority.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees' State Insurance (Central) (Amendment) Rules, 2001.

Adoption: 2001-03-27 | Date of entry into force: 2000-10-01 | IND-2001-R-66860

Amends sections 15, 58 and 59 of Employees' State Insurance (Central) Rules 1950. In section 58 the words 'widow and children' are substituted by 'widow, children, and widowed mother'. 'Legitimate son' is replaced by 'legitimate or adopted son'. 'Adopted children' is substituted by 'adopted children and widowed mother'. Also makes some related provisions.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees Provident Funds (Amendment) Scheme 2000 (G.S.R.18).

Adoption: 2000-12-22 | IND-2000-R-59109

Amends Employees Provident Fund Schemes 1952 with regard to terms and conditions of exemptions.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees' State Insurance (Central) Second Amendment Rules, 2000 (G.S.R. 17).

Adoption: 2000-12-14 | IND-2000-R-59108

Makes several miscellaneous amendments to Employees' State Insurance (Central) Rules 1950.

India - Social security (general standards) - Law, Act

Workmen's Compensation (Amendment) Act (No. 46 of 2000). -

Adoption: 2000-12-08 | IND-2000-L-65798

Amends Workmen's Compensation Act 1923. Extends application of this Act to casual workers. Also provides for increases in compensation payable.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees' State Insurance (Central) Amendment Rules, 2000

Adoption: 2000-03-29 | IND-2000-R-66878

Amends sections 20, 52 and 55 of Employees' State Insurance (Central) Rules, 1950. Makes provision for new contribution rates.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees' State Insurance (Central) Second Amendment Rules, 1996.

Adoption: 1996-12-23 | Date of entry into force: 1997-01-01 | IND-1996-R-51988

Amends the Employees' State Insurance (Central) Rules 1950.

India - Social security (general standards) - Law, Act

Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1996 (No. 25 of 1996). -

Adoption: 1996-08-16 | Date of entry into force: 1995-11-16 | IND-1996-L-73593

Makes a number of amendments to the principal Act including to the long title of the Act, sections 2, 4, 5, 6C, 17 and substitution of new sections for 6A and 6B concerning employees' pension scheme. Schedule III has also been replaced with a new Schedule concerning matters in which provisions may be made for the pension scheme. Repeals the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1996 (Ord. 24 of 1996.)

India - Social security (general standards) - Regulation, Decree, Ordinance

Workmen's Compensation (Venue of Proceedings) Rules, 1996.

Adoption: 1996 | Date of entry into force: 1996-10-01 | IND-1996-R-51982

As amended.

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Employees' Pension Scheme.

Adoption: 1995-11-16 | Date of entry into force: 1995-11-16 | IND-1995-M-44790

Establishes an Employees' Pension Scheme, to which both employees and government shall contribute. Sets forth provisions regarding contributions, membership, and calculation and payment of benefits.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees' State Insurance Corporation (General Provident Fund) Rules, 1995 (GSR 431).

Adoption: 1995-09-06 | IND-1995-R-51989

India - Social security (general standards) - Law, Act

Workmen's Compensation (Amendment) Act 1995 (No. 30 of 1995).

Adoption: 1995-08-09 | IND-1995-L-60195

Makes miscellaneous amendments to Sections 2, 3, 4, 4A, 8, 14, 15A and B, 18A, 21, 22, 23, 30 and Schedule II of Workmen's Compensation Act 1923.

India - Social security (general standards) - Law, Act

Kerala Labour Welfare Fund (Amendment) Act, 1994 (No. 7 of 1994)

Adoption: 1994-03-24 | IND-1994-L-39326

Amends Sections 2, 15, and 20 of the principal Act.

India - Social security (general standards) - Regulation, Decree, Ordinance

Employees' State Insurance (Central) Amendment Rules, 1991 (G.S.R. 76)

Adoption: 1991-01-22 | Date of entry into force: 1991-02-01 | IND-1991-R-27812

These Rules amend the Employees' State Insurance (Central) Rules, 1950 in matters relating to the amount of "average daily wages during a contribution period," the wage limit for coverage of an employee, the rates of contribution, and the amounts of various benefits.

India - Social security (general standards) - Law, Act

Public Liability Insurance Act, 1991 (No. 6 of 1991). -

Adoption: 1991-01-22 | IND-1991-L-51969

Amended text.

India - Social security (general standards) - Regulation, Decree, Ordinance

Public Liability Insurance Rules, 1991.

Adoption: 1991 | IND-1991-R-51970

Amended text.

India - Social security (general standards) - Law, Act

The Bhopal Gas Leak Disaster (Processing of Claims) Act 1985.

Adoption: 1985-03-18 | IND-1985-L-2763

India - Social security (general standards) - Law, Act

The Workmen's Compensation (Amendment) Act 1984. No. 22.

Adoption: 1984-05-12 | IND-1984-L-2761

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Notification under the Employees' Family Pension Scheme, 1971 (S.O. 1351)[as amended, with comments and references to cases up to 1990]

Adoption: 1983-02-16 | Date of entry into force: 1982-04-01 | IND-1983-M-27810

Grants a supplementary payment increasing the pension amounts payable under the Employees' Family Pension Scheme.

India - Social security (general standards) - Regulation, Decree, Ordinance

Beedi Workers Welfare Fund Rules, 1978 (G.S.R. 1232, dated 25th September, 1978)[as amended, with comments and references to cases]

Adoption: 1978-09-25 | Date of entry into force: 1978-09-25 | IND-1978-R-27800

Promulgates rules under the Beedi Workers Welfare Fund Act, 1976 that, among other things, establish standards for health, maternity, educational, and recreation facilities supported by the Fund.

India - Social security (general standards) - Law, Act

Labour Provident Fund Laws (Amendment) Act 1976 (No. 99 of 1976).

Adoption: 1976-09-07 | IND-1976-L-13582

An Act to further amend the Coal Mines Provident Fund, Family Pension and Bonus Schemes Act 1948, the Employees' Provident Funds and Family Pension Fund Act 1952, the Wealth-tax Act 1957 and the Income-tax Act 1961. Repeals the Labour Provident Fund Laws (Amendment) Ordinance 1976 (No. 9 of 1976).

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Employees' Deposit-Linked Insurance Scheme, 1976 (G.S.R. 488(E))[as amended, with comments and references to cases]

Adoption: 1976-07-28 | Date of entry into force: 1976-08-01 | IND-1976-M-27811

This Regulation creates a Scheme to provide, under the Employees' Provident Funds and Miscellaneous Provisions Act of 1952, a life insurance fund paid for with contributions from employers and the Central Government for the benefit of employees' survivors

India - Social security (general standards) - Law, Act

Beedi Workers Welfare Fund Act 1976 (No. 62 of 1976)[as amended and with references to cases up to 1990] -

Adoption: 1976-04-10 | Date of entry into force: 1977-02-15 | IND-1976-L-27799

An Act to provide, from the revenues of the Beedi Workers Welfare Cess Act, 1976, for the creation of a Fund for the financing of measures to promote the welfare -- sanitation, health, education, housing, recreation -- of persons engaged in beedi establishments, including home workers.

India - Social security (general standards) - Law, Act

Beedi Workers Welfare Cess Act 1961 (No. 56 of 1976)[as amended, with comments and references to cases] -

Adoption: 1976-04-07 | Date of entry into force: 1977-02-15 | IND-1976-L-27798

An Act to provide for the levy and collection of an excise tax on manufactured beedis to be used for the Beedi Workers Welfare Fund.

India - Social security (general standards) - Law, Act

Tamil Nadu Labour Welfare Fund Act 1972 (No. 36 of 1972).

Adoption: 1972-12-02 | IND-1972-L-16458

An Act to provide for the constitution of a fund for promoting the welfare of labour and for certain other matters connected therewith in the State of Tamil Nadu.

India - Social security (general standards) - Regulation, Decree, Ordinance

Kerala Port Workers and Seafarers (Accident Relief and Welfare Fund) Rules 1972.

Adoption: 1972-08-10 | IND-1972-R-16456

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Payment of Gratuity Rules, 1972-1. -

Adoption: 1972 | Date of entry into force: 1972-09-16 | IND-1972-M-92081

Implements the Payment of Gratuity Act 1972 (No. 39 of 1972).

India - Social security (general standards) - Law, Act

Labour Provident Fund Laws (Amendment) Act 1971.

Adoption: 1971-04-23 | IND-1971-L-17090

An Act to further amend the Coal Mines Provident Fund and Bonus Schemes Act 1948 and the Employees' Provident Funds Act 1952 [LS 1952 - Ind. 2 A]. No. 16. Miscellaneous amendments; inter alia, inserts a new Second Schedule in the first Act (Coal Mines Family Pension Scheme) and a new Schedule III in the second Act (Family Pension Scheme).

India - Social security (general standards) - Law, Act

Labour Provident Fund Laws (Amendment) Act 1971 (No. 16).

Adoption: 1971-04-23 | IND-1971-L-17095

An Act to further amend the Coal Mines Provident Fund and Bonus Schemes Act 1948, and the Employees Provident Funds Act 1952. [LS 1952 - Ind. 2 A]. No. 16. Inter alia, amends Schedules II and III.

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Employees' Family Pension Scheme, 1971 (Notification G.S.R. 315)[as amended, with comments and references to cases]

Adoption: 1971-03-04 | Date of entry into force: 1971-03-01 | IND-1971-M-27809

The Scheme applies to all employers covered under the Employees' Provident Fund. It establishes a Family Pension Fund, paid for by employer contributions, to provide a family pension to surviving widows/widowers and eldest surviving minor children. Original text available in LS 1952-Ind. 2A.

India - Social security (general standards) - Regulation, Decree, Ordinance

Labour Provident Fund Laws (Amendment) Ordinance 1971 (No. 3 of 1971).

Adoption: 1971-02-13 | IND-1971-R-17088

An Ordinance to further amend the Coal Mines Provident Fund and Bonus Schemes Act 1948 and the Employees' Provident Funds Act 1952 [LS 1952 - Ind. 2A].

India - Social security (general standards) - Regulation, Decree, Ordinance

Punjab Fair Price Shops (Factories) Ordinance 1971.

Adoption: 1971 | IND-1971-R-17094

An Ordinance to provide for the establishment of fair price shops in certain factories in the Punjab [establishment and functioning of company stores]. No. XIII.

India - Social security (general standards) - Regulation, Decree, Ordinance

Punjab Social Services Board Ordinance 1970 (No. II).

Adoption: 1970-10-09 | IND-1970-R-17547

An Ordinance to provide for the constitution of a Social Services Board to perform certain functions.

India - Social security (general standards) - Regulation, Decree, Ordinance

G.S.R. 331: Karnataka Workmen's Compensation (Occupational Diseases) Rules 1968. (G.S.R. 331: Mysore Workmen's Compensation (Occupational Diseases) Rules 1968.)

Adoption: 1968-09-05 | IND-1968-R-18324

Compensates for diseases caused by dust. Repeals the Mysore Silicosis Rules.

India - Social security (general standards) - Law, Act

Public Provident Funds Act 1968 (No. 23 of 1968). -

Adoption: 1968-05-16 | IND-1968-L-18318

An Act to provide for the institution of a provident fund for the general public.

India - Social security (general standards) - Regulation, Decree, Ordinance

Orissa Pension Rules 1968.

Adoption: 1968-01-16 | IND-1968-R-18325

Relates to public servants. Repeals, inter alia, the provisions of the Civil Service Regulations as applicable to the state of Orissa and the Orissa Service (Extraordinary Pension) Rules 1943.

India - Social security (general standards) - Law, Act

The Seafarers Provident Fund Act 1966 (No. 4 of 1966).

Adoption: 1966-03-26 | IND-1966-L-29927

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Personal Injuries (Compensation Insurance) Scheme, 1965 (S.O. 3383).

Adoption: 1965-10-21 | IND-1965-M-51967

Amended text.

India - Social security (general standards) - Regulation, Decree, Ordinance

Personal Injuries (Compensation Insurance) Rules, 1965 (S.O. 3384).

Adoption: 1965-10-21 | IND-1965-R-51968

Amended text.

India - Social security (general standards) - Law, Act

Personal Injuries (Compensation Insurance) Act, 1963 (No. 37 of 1963). -

Adoption: 1963-10-08 | IND-1963-L-51966

Amended text.

India - Social security (general standards) - Law, Act

The Personal Injuries (Emergency) Provisions Act, 1962 (No. 59 of 1962). -

Adoption: 1962-12-19 | Date of entry into force: 1962-10-26 | IND-1962-L-92086

An Act to make provision for the grant of relief in respect of certain personal injuries sustained during the period of the emergency.

India - Social security (general standards) - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Employees' Provident Funds Scheme, 1952 (Ministry Labour Notification No. S.R.O. 1509)[as amended, with comments and references to cases]

Adoption: 1952-09-02 | IND-1952-M-27808

Chapter 1: Preliminary Chapter 2: Board of Trustees, Executive Committee and Regional Committee Chapter 3: Appointment and Powers of Commissioner and Other Staff of Board of Trustees Chapter 4: Membership of the Fund Chapter 5: Contributions Chapter 6: Declaration, Contribution Cards and Returns Chapter 7: Administration of the Fund Accounts and Audit Chapter 8: Nominations, Payments and Withdrawals from the Fund Chapter 9: Miscellaneous Chapter 10: Special Provisions in the case of Newspaper Establishments and Newspaper Employees

India - Social security (general standards) - Law, Act

Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (No. 19 of 1952)[as amended] -

Adoption: 1952-03-04 | IND-1952-L-27807

An Act to provide for the institution of provident funds (family pension funds and deposit-linked insurance funds) for employees in factories and other establishments where twenty or more workers are employed. The Government is authorized to create a Employees' Provident Fund Scheme under the Act.