· Social Security Organization

Introduction

• - The code on Social Security 2020 established special strategy bodies called Social Security Organisation to administer various welfare schemes such as PF, Employee state insurance, organised welfare scheme and building welfare scheme.
• - These bodies ensure effective implementation regulation and supervision of Social Security benefit.
• - Provisions chapter II, Sec 4- 13-

- Section 4 - Employment Provident Fund Board of trustee.

1. Central Govt constitute central board of trustee to administration Of Provident Fund Consists of:

• a. Chairperson +Vice Chairperson appointed by central Government
• b. Up to 5 central government officials
• c. Up to 15 state government officials
• d. 10 employee representatives
• e. 10 employers represent
• f. Central PF Commissioner

2. Central board Is a body cooperate as perpetual succession common seal. Can sue and be sued.

3. Central government may form executive Committee that helps central board and administration.

4. Central board can form subcommittees for purpose to assist in function.

5. Delegation of power central board or state board may delegate power to chairperson, executive committee or officers appointed.

6. Government prescribed term and condition of office held by member.

7. Central Board may perform other functions prescribed by government.

- Section 5 - Employees state insurance corporation constitution

1. Central government form’s employees state Insurance Corporation consists of:

• a. Chairperson and vice chairperson
• b. Government official not more than 5
• c. One person representing each state.
• d. One person representing Union Territories.
• e. Ten per cent representing employer to be appointed by central government.
• f. Ten person representing employee to be appointed by central government.
• g. Two persons representing the medical profession
• h. Three members of parliaments
• i. Director General.

2. Employee state insurance cooperation is illegal entity Antibody corporate has perpetual succession common seal

3. Standing committee formed for corporation member and manage daily affairs central government by notification constitution. Search committee.

4. Power of Standing Committee:

• a. Exercising corporation power
• b. Submit important matter to corporation
• c. Can decide urgent matter

5. Medical benefit committee helps in medical benefit administration.

6. Corporation can form more committee

7. Government decides tenure and service conditions member continues till successor is appointed.

- Section 6 - Social Security Board.

1. Central government form National Social Security Board for unorganised gig and platform worker

2. Consist of:

• a. Union Minister of Labour - chairperson
• b. Labour Secretary- vice chairperson
• c. Members include: -
  - Seven-member representative employee of unorganised sector
  - Seven-member representative Employer of an organised sector.
  - Eminent person.
  - Two members of Lok Sabha and one member of Rajya Sabha.
  - Ten government officials.
  - Five member - state representatives
  - One member representing union territories.

3. Member must be export in labour law, finance and administration

4. Government prescribed nomination method, Term of office and meeting reservation for SCST women and minorities.

5. Term of national board is for three years

6. National boats shall meet at least three meetings per year.

7. Functions:

• a. Recommend welfare scheme.
• b. Advise government
• c. Monitor schemes
• d. Review funds and record

8. Government may form advisory committee

9. Every state government, by notification, constitutes a state board- Unorganised worker social security board

10. Every Unorganised worker board shall consist:

• a. Minister of Labour as Chairperson
• b. Principal Secretary or Labour Secretary as vice chairperson.
• c. Every state on organised worker board shall consist:
  - Seven-member representative unorganised sector worker
  - Seven member representing Unorganised sector employer.
  - Two members representing legislative assembly.
  - 5 eminent persons
  - 10-member representing the state government department
  - Member Secretary are notified by state government.

11. Qualification member must be expert in labour related field.

12. State government prescribed rules for appointment tenure meeting and reservation for SC/ST women and minorities.

13. Term of office for state board is three years.

14. Meeting shall be held at least once every quarter.

15. Functions:

• a. Frame state scheme.
• b. Monitor implementation
• c. Review registration
• d. Review funds and welfare schemes.

16. State government where notification constitute with effect from such date, as may be specified One or more advisory committees

- Section 7 – Building worker Board –

1. Every state Form building and other construction worker welfare board.

2. Search board is body corporate and has legal status of perpetual success Can whole property has common seal may sue and be sued

3. Composition:

• a. Chairperson – Appointed by state government.
• b. Central govt. member
• c. Up to 15 member – Equal representation of worker, employee and Government and at least One woman

4. Terms and conditions decide by state government.

5. Building workers welfare board shall appoint secretary and search officer and employee for efficient discharge of function.

6. Functions:

• a. Death and disability benefit.
• b. Pension after 60 years
• c. Medical expenses.
• d. Education Scheme
• e. Maternity benefit
• f. Skill Development

7. State govt. many from Advisory committees

- Section 8 – Disqualification

1. No person shall be chosen as or continues as a member of social security organization who – Insolvent, unsound mind, convicted of moral Tribute employee defaulting in dues, absent from meeting and becomes MP or MLA.

2. Central government in case of central board national security board and state on organised worker board may remove member of Social Security Organisation only on ground of misconduct inefficiency or disqualification after giving opportunity of hearing.

3. Member can resign anytime in writing.

- Section 9 - procedure for transaction of business.

1. Social Security Organisation and their committee must meet at prescribed interval and follow rule regarding procedure and quorum.

2. Order and decision must be signed by authorised office Like Central PF Commissioner, Director General, Labour Secretary etc.

3. Action cannot be challenged just because they are in vacancy or some defect in constitution.

4. member is entitled to fee and allowances

- Section 10- Executive heads of Central board Employee Insurance State Corporation.

• Central Board is headed by Central PF Commissioner
• Employee state insurance corporation is headed by Director General.

- Section 11 suspension of bodies

1. Government may dissolve Or suppress A body if unable to perform functions. There is a persistent delay in performing a function or abuse of power.

2. Government will make temporary arrangement and continue administration until reconstruction.

3. Government must place report before parliament and state Legislature within three months.

- Section 12 state board regional good and local committees.

1. Central board may by notification create state Board of trustee and assign power and function. Also decide their appointment terms of office and procedure

2. Corporation may create regional board and local committees and delegate power for local administration.

- Section 13 additional functions.

Govt may assign new additional function and expenses of such function by central government. Government also define powers and duties