Code on Social Security, 2020
(1) The following enactments are hereby repealed, namely:— 1. The Employee's Compensation Act, 1923 (8 of 1923); 2. The Employees' State Insurance Act, 1948 (34 of 1948); 3. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); 4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959); 5. The Maternity Benefit Act, 1961 (53 of 1961); 6. The Payment of Gratuity Act, 1972 (39 of 1972); 7. The Cine-Workers Welfare Fund Act, 1981 (33 of 1981); 8. The Building and Other Construction Workers' Welfare Cess Act, 1996 (28 of 1996); 9. The Unorganised Workers' Social Security Act, 2008 (33 of 2008). (2) Notwithstanding such repeal,— (a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the States), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate Government; (b) the Employees' Provident Funds Scheme, 1952, the Employees' Deposit Linked Insurance Scheme, 1976, the Employees' Pension Scheme, 1995 and the Tribunal (Procedure) Rules, 1997 framed or made under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) and the rules, regulations and schemes made or framed under the Employees' State Insurance Act, 1948 (34 of 1948), shall remain in force, to the extent they are not inconsistent with the provisions of this Code for a period of one year from the date of commencement of this Code; (c) any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it ceases to be in operation under the provisions of this Code or till any direction is made thereunder for such purpose. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. THE FIRST SCHEDULE [See sections 1(4), (8) and 152 (1)] APPLICABILITY Chapter No. Chapter Heading Applicability (1) (2) (3) III Employees' Provident Fund Every establishment in which twenty or more employees are employed. IV Employees’ State Insurance Corporation Every establishment in which ten or more persons are employed other than a seasonal factory: Provided that Chapter IV shall also be applicable to an establishment, which carries on such hazardous or life threatening occupation as notified by the Central Government, in which even a single employee is employed: Provided further that an employer of a plantation, may opt the application of Chapter IV in respect of the plantation by giving willingness to the corporation, where the benefits available to the employees under that Chapter are better than what the employer is providing to them: Provided also that the contribution from the employers and employees of an establishment shall be payable under section 29 on and from the date on which any benefits under Chapter IV relating to the Employees State Insurance Corporation are provided by the Corporation to the employees of the establishment and such date shall be notified by the Central Government. V Gratuity (a) every factory, mine, oilfield, plantation, port and railway company; and (b) every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such shops or establishments as may be notified by the appropriate Government from time to time. (1) (2) (3) VI Maternity Benefit (a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government; and (b) to every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such other shops or establishments notified by the appropriate Government. VII Employee's Compensation Subject to the provisions of the Second Schedule, it applies to the employers and employees to whom Chapter IV does not apply. VIII Social Security and Cess in respect of Building and Other Construction Workers Every establishment which falls under the building and other construction work. IX Social Security for Unorganised Workers' Unorganised sector, unorganised workers', gig worker, platform worker. XIII Employment Information and Monitoring Career centres, vacancies, persons seeking services of career centres and employers. THE SECOND SCHEDULE [See sections 2(26), 74(3), (5), 132 and 152(2)] LIST OF PERSONS WHO ARE EMPLOYEES WITHIN THE MEANING OF THE THIRD PROVISO TO CLAUSE (26) OF SECTION 2 The following persons are employees within the meaning of third proviso to clause (26) of section 2 and subject to the said proviso, any person who is— (i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or (ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises; or Explanation.—For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or (iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or (v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or (vi) employed as the master or as a seaman of— (a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of— (a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Ports Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; or (b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or (e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or (g) any work on jolly-boats for bringing a ship's line to the wharf; or (viii) employed in the construction, maintenance, repair or demolition of— (a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or (b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or (x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or (xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or (xiv) employed, in connection with operation for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or (xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or (xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or (xix) employed in the generating, transforming, transmitting or distribution of electrical energy or in generation or supply of gas; or (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act, 1927 (17 of 1927); or (xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or (xxii) employed in the training, keeping or working of elephants or wild animals; or (xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or (xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or (xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,— (a) any warehouse or other place in which goods are stored; or (b) any market; or (xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances; or (xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or (xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or (xxx) employed in the construction, working, repair or maintenance of a tube-well; or (xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or (xxxii) employed in a circus; or (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or (xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or (xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or (xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or (xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or (xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or (xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or (xliv) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or (xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or (xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or (xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) and engaged in outdoor work; or (xlix) employed as sales promotion employee; or (l) any other employee or class of employee employed in an establishment or class of establishments to which the Employees' Compensation Act, 1923 (8 of 1923) was applicable in any State immediately before the commencement of this Code. THE THIRD SCHEDULE [See sections 2 (51), 36(1), 74 (1), (3), (5), 131(5), 132 and 152(2)] LIST OF OCCUPATIONAL DISEASES Serial No. Occupational disease Employment (1) (2) (3) PART A 1. Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination (a) all work involving exposure to health or laboratory work; (b) all work involving exposure to veterinary work; (c) work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses; (d) other work carrying a particular risk of contamination. 2. Diseases caused by work in compressed air All work involving exposure to the risk concerned. 3. Diseases caused by lead or its toxic compounds All work involving exposure to the risk concerned. 4. Poisoning by nitrous fumes All work involving exposure to the risk concerned. 5. Poisoning by organo phosphorus compounds All work involving exposure to the risk concerned. PART B 1. Diseases caused by phosphorus or its toxic compounds All work involving exposure to the risk concerned. 2. Diseases caused by mercury or its toxic compounds All work involving exposure to the risk concerned. 3. Diseases caused by benzene or its toxic homologues All work involving exposure to the risk concerned. 4. Diseases caused by nitro and amido toxic derivatives of benzene or its homologues All work involving exposure to the risk concerned. 5. Diseases caused by chromium or its toxic compounds All work involving exposure to the risk concerned. 6. Diseases caused by arsenic or its toxic compounds All work involving exposure to the risk concerned. 7. Diseases caused by radioactive substances and ionising radiations All work involving exposure to the action of radioactive substances or ionising radiations. 8. Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances All work involving exposure to the risk concerned. 9. Diseases caused by the toxic halogen derivatives of hydrocarbons (of the aliphatic and aromatic series). All work involving exposure to the risk concerned. 10. Diseases caused by carbon disulphide All work involving exposure to the risk concerned. 11. Occupational cataract due to infra-red radiations All work involving exposure to the risk concerned. 12. Diseases caused by manganese or its toxic compounds All work involving exposure to the risk concerned. 13. Skin diseases caused by physical, chemical or biological agents not included in other items All work involving exposure to the risk concerned. 14. Hearing impairment caused by noise All work involving exposure to the risk concerned. 15. Poisoning by dinitrophenol or a homologue or by substituted dinitro-phenol or by the salts of such substances All work involving exposure to the risk concerned. 16. Diseases caused by beryllium or its toxic compounds All work involving exposure to the risk concerned. 17. Diseases caused by cadmium or its toxic compounds All work involving exposure to the risk concerned. 18. Occupational asthma caused by recognised sensitising agents inherent to the work process All work involving exposure to the risk concerned. 19. Diseases caused by fluorine or its toxic compounds All work involving exposure to the risk concerned. 20. Diseases caused by nitroglycerin or other nitroacid esters All work involving exposure to the risk concerned. 21. Diseases caused by alcohols and ketones All work involving exposure to the risk concerned. 22. Diseases caused by asphyxiants, carbon monoxide and its toxic derivatives, hydrogen sulphide All work involving exposure to the risk concerned. 23. Lung cancer and mesotheliomas caused by asbestos All work involving exposure to the risk concerned. 24. Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter All work involving exposure to the risk concerned. 25. Snow blindness in snow bound areas All work involving exposure to the risk concerned. 26. Diseases due to effect of heat in extreme hot climate All work involving exposure to the risk concerned. 27. Diseases due to effect of cold in extreme cold climate All work involving exposure to the risk concerned.