SUBMITTED TO: Prof. Manvinder Tandon


a living wage. religious and charitable institutions have continued to provide assistance to those who are needy for various common risks. Upanishads and in other ancient Indian literature. in particular. and security against common risks. industrial or otherwise. agricultural. 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. Punjab and Haryana in 1963 and subsequently in most other states. In case of longer calamities. misfortunes and calamities. It is estimated that about 3 million of needy old and disabled people received social assistance benefits from the various states in 1980-81 . References to such guides are found in Rig-Veda. Similar schemes were established in Andhra Pradesh in 1961. work. freedom from want and misery.” (Article 41) (c) “The state shall endeavor to secure to all workers. But organized social security measures in statutory form are of only of recent origin. 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. Panchayats. appeal was made to the neighbors or the guilds. 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. conditions of work ensuring a decent standard of life”….Social security in India In our country social security programmes have been in existence since times of immemorial and joint families.(Article 43) The Government of Uttar Pradesh introduced old-age assistance scheme in 1957. disablement and other cases of undeserved wants. However. Their main purpose was collective security of life and property. Our constitution guarantees social security in the following words The State shall. different states have different eligibility conditions and provide different levels of benefit. make effective provision for securing public assistance in case of unemployment. sickness. old-age. Tamil Nadu in 1962.” [Article 39(a)] (b) “The state shall within the limits of its economic capacity and development.

Cash benefits under the ESI Act are administered by the Central Government through the Employees’ State insurance Corporation (ESIC). As in the case with some other countries.oil fields and the railways. The Employees’ Provident Funds and Miscellaneous Provisions Act is administered by the Government of India through the Employees’ Provident Fund Organization. (4) The Maternity Benefit Act. The Workmen’s Compensation Act is being administered exclusively by the State Governments/ Union Territory administrations. 1952. 1948.Social Security legislation in India in the industrial field consists of the following enactments: (1) The Workmen’s Compensation Act. 1923.employment injury. and also establishments having branches in more than one state. 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. (2) The Employees’ State Insurance Act. (3) The Employees’ Provident Funds and Miscellaneous Provisions Act. In the administration of the Employees’ State Insurance Act. 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. On the whole.inadequacy of benefits .and different administrative authorities for implementation and enforcement . whereas medical care under the ESI Act is being administered by the state governments and Union Territory Administrations.Even all industrial workers are not . mines. the social security legislation of our country suffer from such defects as uneven scope .old age and death. plantations and other establishments. In mines and circus industry. The payment of Gratuity Act is being administered by the Central Government in establishments under its control. major port.the statutory social security schemes in India cater only for a small proportion of the population.providing for medical care and coverage against sickness. 1961. and by the respective State governments and Union Territory Administrations in all other cases.maturity. the Central Government and State Governments share the responsibility. (5) The Payment of Gratuity Act.duplication and overlapping provisions. 1972.

it is a rare nation which does not have at least one social security programme in operation. Extension of coverage. Further. Budgetary pressures may lead to a reappraisal of what can be afforded out of the public purse. However.reflecting increasing maturity of the schemes and demographic developments. Some of the pressures are financial. the problem of limited coverage has become a matter of concern to social security policy-makers. social security programmes have achieved near universal acceptance. economic and social setting have made these programmes available to their people. high unemployment and evolving employment patterns. Even among the newest of the emerging countries and among those with the least economic development. Nations with widely differing political. Social security schemes in many countries around the world have come under increasing pressure in recent years. there is absence of comprehensive social security policies which can co-ordinate different schemes and ensure that their various objectives are complementary. In spite of certain drawbacks. who recognize that the exclusion of ordinary people from modern forms of social protection is undesirable. higher level of benefits. social security schemes can contribute towards social protection if they are adequately supported with resources. including rapid inflation. Priorities need to be established and resources channeled or targeted appropriately. and innovative benefits provision are highlights of recent development. Conclusion One of the most striking features of social security is its rapid progress and improvement throughout the world. Laws PRINCIPAL SOCIAL SECURITY LAWS OF INDIA Objectives Coverage Eligibility Benefits . Others are structural as schemes adopt to cope with the changing economic and political environment. As a mechanism for meeting human needs. and integrated into a national policy committed to providing adequate social protection to the excluded majority. new benefits for less privileged section. carefully designed to meet local needs. A vast majority of labor force in the unorganized and agricultural sector are beyond the benefits of organized social security schemes.covered as smaller establishments and those drawing salaries exceeding certain limit are excluded from the benefits of the various social security programmes.

maternity and employment injury Persons employed in factories. 1923 occupational diseases resulting in desablement or death Employee's State Insurance Act. railways and other establishments metioned in Schedule II of the Act Factories/ establishments to which the law is made applicable by the Govt. plantations. disablement.To provide Compensation for workmen in cases Workmen's of industrial Compensation accidents/ Act. 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. and occupational disease Employees drawing wages nit extending Rs. Employees drawing pay not exceeding Rs. minimum wages or Rs. 10 . 10.other establishments notified by the centeral govt.1952 To provide compulsory provident fund.000 per month Benefits of sickness. disability dependents and death Employee's Provident Fund and Miscellaneous Provisions Act. 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. pension. depositlinked insurance. Payment for actual absence upto 12 weeks on average daily wages. Factories/ establishments employing 20 or more employeees (in scheduled industries). 6500 per month Provident fund. mines. maternity. pension and refundable with drawals. mines plantation.1948 To provide for health care and cash benefits in the case of sickness. Factories.

mines. shops and establishments and also to other establishments to which the law is extended Five years continuous service is requried for entitlement of gratuity. railway companies. .Payment of Gratuity Act.350000. 15 days wages for every completed year of service or part thereof in excess of 6 month subjects to a maximum of Rs. The seasonal employees are entitled to gratuity at a rate of 7 days wages for each season. plantations.1972 To provide for payment of gratuity on ceasing to hold office Factories.

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