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SUBMITTED TO: Prof. Manvinder Tandon
SUBMITTED BY: LOVLEEN MBA-3(A)
But organized social security measures in statutory form are of only of recent origin. appeal was made to the neighbors or the guilds. Similar schemes were established in Andhra Pradesh in 1961. References to such guides are found in Rig-Veda. Our constitution guarantees social security in the following words The State shall. However. industrial or otherwise. Upanishads and in other ancient Indian literature. sickness. old-age. Tamil Nadu in 1962.Social security in India In our country social security programmes have been in existence since times of immemorial and joint families. misfortunes and calamities.” [Article 39(a)] (b) “The state shall within the limits of its economic capacity and development. different states have different eligibility conditions and provide different levels of benefit. freedom from want and misery. In case of longer calamities. Panchayats. religious and charitable institutions have continued to provide assistance to those who are needy for various common risks.(Article 43) The Government of Uttar Pradesh introduced old-age assistance scheme in 1957. and security against common risks. agricultural. work. Their main purpose was collective security of life and property.” (Article 41) (c) “The state shall endeavor to secure to all workers. Some have also liberalized the conditions of entitlement contained in the original legislation and some have extended the provisions of the legislation to cover physically handicapped people or widows and deserted women. disablement and other cases of undeserved wants. Punjab and Haryana in 1963 and subsequently in most other states. make effective provision for securing public assistance in case of unemployment. It is estimated that about 3 million of needy old and disabled people received social assistance benefits from the various states in 1980-81 . The joint Hindu family was the original cell of security cell of security and first line of defense which could cope only with limited misfortunes. in particular. a living wage. conditions of work ensuring a decent standard of life”…. The scheme was designed to pay a monthly benefit to needy people over the age of 70 years who have no relatives liable and able to support them. direct its policy towards security: (a) “Right to an adequate means of livelihood.
Even all industrial workers are not . Cash benefits under the ESI Act are administered by the Central Government through the Employees’ State insurance Corporation (ESIC).inadequacy of benefits . and by the respective State governments and Union Territory Administrations in all other cases. The Employees’ Provident Funds and Miscellaneous Provisions Act is administered by the Government of India through the Employees’ Provident Fund Organization.old age and death. (5) The Payment of Gratuity Act.and different administrative authorities for implementation and enforcement . In mines and circus industry. the provisions of the Maternity Benefit Act are being administered by the Central Government through the Chief Labor Commissioner (central) and by the State Governments in factories. 1961.the statutory social security schemes in India cater only for a small proportion of the population. 1972.maturity. (2) The Employees’ State Insurance Act. mines.duplication and overlapping provisions. The Workmen’s Compensation Act is being administered exclusively by the State Governments/ Union Territory administrations. (4) The Maternity Benefit Act. The payment of Gratuity Act is being administered by the Central Government in establishments under its control. the Central Government and State Governments share the responsibility. plantations and other establishments. and also establishments having branches in more than one state. In the administration of the Employees’ State Insurance Act.providing for medical care and coverage against sickness.employment injury. whereas medical care under the ESI Act is being administered by the state governments and Union Territory Administrations. As in the case with some other countries. 1952. 1923. The study group (195758) appointed by the Government of India has recommended for integration of various social security measures with a unified scheme of administration and contribution. (3) The Employees’ Provident Funds and Miscellaneous Provisions Act.Social Security legislation in India in the industrial field consists of the following enactments: (1) The Workmen’s Compensation Act. 1948.oil fields and the railways. major port. On the whole. the social security legislation of our country suffer from such defects as uneven scope .
Further. and innovative benefits provision are highlights of recent development. including rapid inflation. carefully designed to meet local needs. high unemployment and evolving employment patterns. it is a rare nation which does not have at least one social security programme in operation. social security schemes can contribute towards social protection if they are adequately supported with resources. In spite of certain drawbacks. Conclusion One of the most striking features of social security is its rapid progress and improvement throughout the world. Budgetary pressures may lead to a reappraisal of what can be afforded out of the public purse. Laws PRINCIPAL SOCIAL SECURITY LAWS OF INDIA Objectives Coverage Eligibility Benefits .covered as smaller establishments and those drawing salaries exceeding certain limit are excluded from the benefits of the various social security programmes. Extension of coverage. there is absence of comprehensive social security policies which can co-ordinate different schemes and ensure that their various objectives are complementary. Others are structural as schemes adopt to cope with the changing economic and political environment. Priorities need to be established and resources channeled or targeted appropriately. and integrated into a national policy committed to providing adequate social protection to the excluded majority.reflecting increasing maturity of the schemes and demographic developments. Nations with widely differing political. A vast majority of labor force in the unorganized and agricultural sector are beyond the benefits of organized social security schemes. Some of the pressures are financial. new benefits for less privileged section. Even among the newest of the emerging countries and among those with the least economic development. higher level of benefits. Social security schemes in many countries around the world have come under increasing pressure in recent years. As a mechanism for meeting human needs. the problem of limited coverage has become a matter of concern to social security policy-makers. who recognize that the exclusion of ordinary people from modern forms of social protection is undesirable. social security programmes have achieved near universal acceptance. economic and social setting have made these programmes available to their people. However.
Factories/ establishments employing 20 or more employeees (in scheduled industries). mines. plantations. Factories. 6500 per month Provident fund. commercial and other establishments to which the law is extended The Benefits are payable in respect of work-related injuries to the workers dependants not covered y the ESI Act Compensation for death. disablement. 10 . disability dependents and death Employee's Provident Fund and Miscellaneous Provisions Act. railways and other establishments metioned in Schedule II of the Act Factories/ establishments to which the law is made applicable by the Govt. Payment for actual absence upto 12 weeks on average daily wages. Employees drawing pay not exceeding Rs.other establishments notified by the centeral govt. mines plantation. and occupational disease Employees drawing wages nit extending Rs. pension and refundable with drawals. maternity and employment injury Persons employed in factories.1948 To provide for health care and cash benefits in the case of sickness.000 per month Benefits of sickness. Maternity Benefit Act 1961 To provide for maternity protection before and after child birth There is no wage limit for coverage provided the woman is not covered by the ESI act. 10. maternity.To provide Compensation for workmen in cases Workmen's of industrial Compensation accidents/ Act. 1923 occupational diseases resulting in desablement or death Employee's State Insurance Act. minimum wages or Rs.1952 To provide compulsory provident fund. depositlinked insurance. pension.
The seasonal employees are entitled to gratuity at a rate of 7 days wages for each season. . mines. 15 days wages for every completed year of service or part thereof in excess of 6 month subjects to a maximum of Rs.Payment of Gratuity Act. plantations. railway companies.350000. shops and establishments and also to other establishments to which the law is extended Five years continuous service is requried for entitlement of gratuity.1972 To provide for payment of gratuity on ceasing to hold office Factories.