Key Definitions under the Code on Social Security Rules, 2020
Key Definitions under the Code on Social Security Rules, 2020
The Code on Social Security, 2020 introduced a unified framework for social security laws in India. To ensure smooth implementation of the Code, various important terms and definitions have been clearly specified in the Rules framed under the Code.
The following are some of the important definitions from clauses (k) to (zh) of the Rules:
Career Centre (Regional)
Definition applicable throughout India (except Chandigarh)
A “career centre (regional)” refers to the career centre notified by the respective State Government or Union Territory Administration. Such centre has jurisdiction:
Over the area where the establishments are situated; or
Over specified categories or classes of establishments or vacancies.
These centres play an important role in employment services and job vacancy notifications.
Career Centre in Chandigarh
For the Union Territory of Chandigarh, the career centre may be established either by:
The Chandigarh Administration; or
The Governments of Punjab or Haryana.
However, career centres established by Punjab or Haryana will not have jurisdiction over:
Public sector establishments other than those belonging to their respective States; and
Private sector establishments.
Cess Collector
A “cess collector” means an officer appointed by the State Government for collection of cess under Chapter VIII of the Code.
Chairperson
The term “chairperson” refers to the head of various statutory bodies constituted under the Code, including:
Corporation
Central Board
National Social Security Board
State Unorganised Workers’ Social Security Board
Standing Committee
Medical Benefit Committee
Executive Committee
Chartered Engineer
A “chartered engineer” means a person who:
Holds an engineering degree; and
Possesses corporate membership of the Institution of Engineers (India).
Meaning of “Code”
“Code” refers to the Code on Social Security, 2020.
Contribution Period
“Contribution period” means a period not exceeding six consecutive months as specified under the regulations framed under section 157.
Electronically
The term “electronically” includes:
Submission through email;
Uploading on designated portals; or
Digital payments through any mode.
Excluded Vacancies
“Excluded vacancies” are vacancies excluded from the applicability of section 139 under section 140 of the Code.
Form
“Form” means a form appended to the Rules.
Fund
The term “fund” includes:
Employees’ State Insurance Fund
Provident Fund
Pension Fund
Employees’ Deposit-Linked Insurance Fund
Social Security Fund
depending upon the context of the Code.
Government Securities
“Government Securities” shall have the same meaning as defined under the Government Securities Act, 2006.
Immovable Property
“Immovable property” includes:
Land;
Benefits arising out of land;
Things attached to the earth; or
Anything permanently fastened to the earth.
Movable Property
“Movable property” means all property except immovable property.
Nodal Officer
A “nodal officer” is a designated person responsible for:
Registration,
Renewal,
Updation of records,
Electronic facilitation of building workers, and
Monitoring beneficiary registration functions.
Such officers may be appointed from:
Private sector,
State Government,
Central Government,
Public sector undertakings, or
Local authorities.
Nomination
“Nomination” means nomination made under section 55 of the Code
Register of Women Employees
A “register of women employees” refers to the register maintained under rule 53.
Schedule and Section
“Schedule” means the Schedule attached to the Code.
“Section” means a section of the Code.
ShramSuvidha Portal
“ShramSuvidha Portal” means the portal maintained by the Ministry of Labour and Employment for labour law compliance and services.
Specified
“Specified” means specified by an order of:
Central Government,
State Government, or
Any authorised officer.
Standard Benefit Rate
“Standard benefit rate” means the average daily wages calculated by dividing:
Total wages paid during the contribution period
by
Number of days for which wages were paid.
Transferring Authority
“Transferring authority” means an authority in another country responsible for transferring compensation amounts awarded under employee compensation laws for beneficiaries residing in India.
Meaning of “Year”
Under the Rules, “year” means the financial year beginning from:
1st April
and ending on
31st March of the following year.
Interpretation Clause
The Rules also clarify that words and expressions not specifically defined in the Rules but defined in the Code shall carry the same meaning assigned in the Code on Social Security, 2020.
Conclusion
These definitions form the foundation for interpretation and implementation of the Code on Social Security Rules, 2020. Understanding these terms is essential for employers, employees, labour law practitioners, HR professionals, and compliance officers dealing with social security and labour law matters in India.