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SOCIAL SECURITY ACT IN INDIA
INTRODUCTION
The concept of Social Security is related to the high ideals of human dignity and social justice.
Social Security means the protection given by society to its members against contingencies'. People
with limited means of living can hardly provides effective security against the contingencies like
sickness, maternity, accidents, old age, death or other emergency expenses. This is basically due to
the fact that they don’t have the capacity or the foresight to carry out the plan of saving or
insurance. These contingencies impaired the ability of the workers to support themselves and their
dependents. It is designed to eliminate the 5 giants of Beveridge: want disease, ignorance, squalor
and idealness.
It is a security provided by the society to its members, particularly the weaker ones, so that they
can lead a normal and decent life even under adverse circumstances. It is a kind of wise investment
earning rich dividends in the long run. It consists of schemes by which all citizens of the country are
assured by the government a minimum standard of material welfare on a basics wide enough to
cover the contingencies of modern life. Germany was the first country who introduced the social
security schemes in 1883.
ARTICLE 41 OF INDIAN CONSTITUTION
As per the Concurrent list of Article 41 of Indian Constitution “The State shall, within the limits of
its economic capacity and development, make effective provision for securing the right to work, to
education and to public assistance in cases of unemployment, old age, sickness and disablement,
and in other cases of undeserved want.” This has laid the foundation of social security in India.
Further the government of India has realized “there can be no peace without social justice and no
justice without social security.”
AIMS OF SOCIAL SECURITY
 PREVENTION: Prevention is designed to avoid the loss of productivity capacity due to
sickness, unemployment etc and to render the available resources which are used by
avoidable diseases and idealness and thus increase the material intellectual and moral
wellbeing of the community. It trackless obsolescence as well as further loss of capability.
 RESTORATION: Restoration implies cure of the sick and employment and rehabilitation,
an extension to the earlier function of social security. It enables the workers to get back to
normalcy so as to lead a normal working and private life.
 COMPENSATION: Compensation goes to income security and is based upon the idea that
during spells of risks, the individual and his family should not be subjected to a double loss
involving destitution and physical total or partial disability, health, life or work.
PURPOSE
• To protect the rights of people and their entire family by giving benefit packages in the form
of financial security and health care.
• To guarantee least long-term sustenance to families.
• This concept is adopted from ILO and is established in every Law.
• This scheme offers cash payments to individuals to replace at least a part of lost income that
occurs due to mishaps.
2
• During period of economic and physical distress the poor workers can at least survive on
compensatory payments offered by the government or the employer.
SOCIAL SECURITY TYPES
1. Social Insurance:
Social Insurance is the method to help individuals in times of contingencies through group
efforts. It is a cooperative scheme which aims at granting adequate benefits to the workers
on a compulsory basis, in times of unemployment, sickness and other emergencies, with a
view to ensure a minimum standards of living out of the fund created by the contribution of
the workers, employers and the government. The contribution is of nominal amount which
does not go beyond the workers paying capacity. Employers and the Government pay major
portion of the contribution. The purpose behind this scheme is to provide minimum standard
of living to the beneficiaries during partial or total loss of income.
Benefits:
• Provident fund and group Insurance on the basis of contribution record of the beneficiary.
2. Social Assistance:
Social Assistance is defined as a scheme to provide benefits conditional upon provided
needs at the time of claims, irrespective of previous contributions, but adjusted in each case
and paid out of the national exchequer. The benefits are offered to persons of small means
by government out of its general revenues. Workers and employers do not contribute
anything, only the government is the major contributor here.
Benefits:
• Old age pension granted as a matter of right, under certain condition satisfied.
SOCIAL SECURITY BENEFITS
The benefits provide under the social security are as follows:
• Medical care
• Sickness benefit in cash
• Old age pension or retirement benefits
• Maternity benefit
• Accident benefit
• Survivor’s benefit
• Squalor benefit
• Invalidity benefit
SOCIAL SECURITY ACTS IN INDIA
The following acts are covered under the social security:
 Workmen Compensation Act, 1923
 Employee State Insurance Act, 1948
 Employee Provident Fund and Miscellaneous Provision Act, 1952
 Maternity Benefit Act, 1961
 Employee Family Pension Scheme, 1971
 Payment of Gratuity Act, 1972
 Employee Deposit Linked Insurance Scheme, 1976
3
SOCIAL SECURITY SCHEMES FOR UNORGANISED SECTOR IN INDIA
SOCIAL ASSISTANCE SCHEMES:
The centrally funded social security schemes cover the rural and urban areas under National
Social Assistance Programme (NSAP) are under a threefold system which can be tabulated as
follows as per data 2010:
SCHEME NAME AMOUNT BENEFICIARY
National Old Age
Pension Scheme
(NOAPS)
Rs 75 per month Old people with little or no income support
National Family Benefit
Scheme (NFBS)
Rs 10,000
consolidated
Families who lose their primary bread winner
(18-65 years of age)
National Maternity
Benefit Scheme (NMBS)
Rs 500 Women aged 19 and above up to 2 live births
Other Central Government Schemes (as per data 2010)
SCHEME NAME AIMS FEATURES AMOUNT
Employment
Assurance Scheme
(EAS)
Generate further
employment
opportunities
Cost sharing basis
between centre and
state (4:3 ratio)
Rs 4000 crore approx.
Swaran Jayanti Gram
Swarozgar Yojana
(SJGSY)
Improvement of
family income of
rural people
Credit cum subsidy
and generation of self
employment
Rs 300 crore approx.
Around 10 lacs
covered.
Jawahar Gram
Samridhi Yojana
(JGSY)
Employment of rural
infrastructure
Self employment
creation opportunities
Rs 5000 crore approx.
Scheme for
Handloom Weavers
& Artisans
Initiative from
ministry of textiles for
handloom workers
Thrift fund schemes
and work shed cum
housing scheme
Rs 60000 crore
approx
As per 2015 data following schemes are added under the Social Assistance Schemes:
SCHEME
NAME
LAUNCH FEATURES
Atal Pension
Yojana
May 9, 2015 Social Sector Scheme pertaining to Pension Sector
Pradhan Mantri
Suraksha Bima
Yojana
May 9, 2015 Accidental Insurance with a premium of Rs. 12 per year.
Pradhan Mantri
Jeevan Jyoti
Bima Yojana
May 9, 2015 Life insurance of Rs. 2 lakh with a premium of Rs. 330
per year.
Pradhan Mantri
Jan Dhan
Yojana
August 28,
2014
National Mission for Financial Inclusion to ensure
access to financial services, namely Banking Savings &
Deposit Accounts, Remittance, Credit, Insurance,
Pension in an affordable manner
Swavalamban September 26,
2010
Pension scheme to the workers in unorganized sector.
Any citizen who is not part of any statutory pension
scheme of the Government and contributes between Rs.
1000 and Rs. 12000/- per annum, could join the scheme.
4
The Central Government shall contribute Rs. 1000 per
annum to such subscribers.
SOCIAL INSURANCE SCHEMES
They are provided at the behest of the state using its insurance arm. The schemes are operated
through Life Insurance Corporation (LIC) and are extended workers in 24 approved occupation
groups who are in the age group of 18-60 years. The following schemes are provided under this
as per data 2010:
SCHEME NAME FEATURES
Social Security Group
Insurance Scheme
(SSGIS)
Workers are covered by paying a nominal premium of Rs 10 for every
1000rupees insured. Half of this sum is paid from the Social Security
fund. Around 50 lacs workers are covered in this scheme. Rs 25000 in
case of death or permanent disablement and Rs 12500 in case of partial
disablement.
Janashree Bima
Yojana (JBY)
It applies to a group of at least 25 people and covers over 3 lacs people.
The contribution pattern is the same as in Social Security Group
Insurance Scheme but the insurance cover has more slab under this
scheme:
 Rs 20000- for natural death
 Rs 50000- death in case of accident
 Rs 50000- permanent total disablement
 Rs 25000- partial disablement
Krishi Shramik
Samajik Surakhsa
Yojana (KSSSY)
It covers agricultural labourers but the upper age limit is 50 years, the
contribution of government from the social security fund is just the
double of the workers contribution. Benefits include life cum accident
insurance, money back and superannuation. The amount insured is the
same as in Janashree Bima Yojana (JBY). Workers also get pension on
attaining the age of 60 years.
Individual Retirement
Account ( now known
as National Pension
Scheme, NPS)
It is an old age benefit. Individuals are encouraged to open up a
retirement account as soon as possible in their working life. They get a
unique IRA number and workers can contribute to this account as
frequently as they wish. It translates into pension benefits and annuities
at the time of retirement or withdrawal from work due to old age as the
case may be. The minimum contribution is Rs 500 per year and one
time contribution should be at least Rs 100.
Welfare Fund These are the various schemes launched for different sectors like Beedi
workers and other working mainly in hazardous industries. The system
works on the basics of 2% cess levied per 1000 units produced. The
finance so generated is utilised for the welfare of workers by providing
them amenities and medical benefits.
5
PUBLIC INITATIVES
They include all the schemes that are initiated (other than the government) by the public bodies and
institutions. They may be NGO’s and Non- Profit Organizations’ who try and protect the interests
of the weaker section of the society by providing them social security. Some of the initiatives are as
follows:
1. SELF EMPLOYED WOMEN’S ASSOCIATION (SEWA):
The extremely popular scheme started in 1975 and provided insurance cover for as low a
premium as Rs 45 per annum. The member women are entitled to maternity benefit, health
benefit and financial benefits in case of husband’s death. It covers more than half a million
women and has helped provide them financial support.
2. MATHADI BOARD
This scheme is prevalent in Maharashtra and covers all workers indulging in hard manual
labors. The Mathadi are organized in unions and their representatives sit along with
employers and government representatives to form Mathadi Tripartite Board. These boards
help provide social security by setting up hospitals and dispensaries. Highly successful,
Mathadi Board charges only Rs 20 per month from each worker. Almost every year new
schemes are being introduced under them.
3. OTHER LOCAL AND REGIONAL BODIES like association for Health Welfare in the
Nilgris (ASHWANI), Voluntary Health Services (VHS), and Society for Promotion of Area
Resources Centre (SPARC) in Tamil Naidu, SAMAKHAYA in Andhra Pradesh work in
tandem with the workers. They try to collect money from the workers under different
schemes which are used up for their benefits in times of emergencies. The main aim is to
provide medical facilities to target groups. Some of them are working as nodal agencies
while others take up the initiatives themselves.

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SOCIAL SECURITY ACT IN INDIA

  • 1. 1 SOCIAL SECURITY ACT IN INDIA INTRODUCTION The concept of Social Security is related to the high ideals of human dignity and social justice. Social Security means the protection given by society to its members against contingencies'. People with limited means of living can hardly provides effective security against the contingencies like sickness, maternity, accidents, old age, death or other emergency expenses. This is basically due to the fact that they don’t have the capacity or the foresight to carry out the plan of saving or insurance. These contingencies impaired the ability of the workers to support themselves and their dependents. It is designed to eliminate the 5 giants of Beveridge: want disease, ignorance, squalor and idealness. It is a security provided by the society to its members, particularly the weaker ones, so that they can lead a normal and decent life even under adverse circumstances. It is a kind of wise investment earning rich dividends in the long run. It consists of schemes by which all citizens of the country are assured by the government a minimum standard of material welfare on a basics wide enough to cover the contingencies of modern life. Germany was the first country who introduced the social security schemes in 1883. ARTICLE 41 OF INDIAN CONSTITUTION As per the Concurrent list of Article 41 of Indian Constitution “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.” This has laid the foundation of social security in India. Further the government of India has realized “there can be no peace without social justice and no justice without social security.” AIMS OF SOCIAL SECURITY  PREVENTION: Prevention is designed to avoid the loss of productivity capacity due to sickness, unemployment etc and to render the available resources which are used by avoidable diseases and idealness and thus increase the material intellectual and moral wellbeing of the community. It trackless obsolescence as well as further loss of capability.  RESTORATION: Restoration implies cure of the sick and employment and rehabilitation, an extension to the earlier function of social security. It enables the workers to get back to normalcy so as to lead a normal working and private life.  COMPENSATION: Compensation goes to income security and is based upon the idea that during spells of risks, the individual and his family should not be subjected to a double loss involving destitution and physical total or partial disability, health, life or work. PURPOSE • To protect the rights of people and their entire family by giving benefit packages in the form of financial security and health care. • To guarantee least long-term sustenance to families. • This concept is adopted from ILO and is established in every Law. • This scheme offers cash payments to individuals to replace at least a part of lost income that occurs due to mishaps.
  • 2. 2 • During period of economic and physical distress the poor workers can at least survive on compensatory payments offered by the government or the employer. SOCIAL SECURITY TYPES 1. Social Insurance: Social Insurance is the method to help individuals in times of contingencies through group efforts. It is a cooperative scheme which aims at granting adequate benefits to the workers on a compulsory basis, in times of unemployment, sickness and other emergencies, with a view to ensure a minimum standards of living out of the fund created by the contribution of the workers, employers and the government. The contribution is of nominal amount which does not go beyond the workers paying capacity. Employers and the Government pay major portion of the contribution. The purpose behind this scheme is to provide minimum standard of living to the beneficiaries during partial or total loss of income. Benefits: • Provident fund and group Insurance on the basis of contribution record of the beneficiary. 2. Social Assistance: Social Assistance is defined as a scheme to provide benefits conditional upon provided needs at the time of claims, irrespective of previous contributions, but adjusted in each case and paid out of the national exchequer. The benefits are offered to persons of small means by government out of its general revenues. Workers and employers do not contribute anything, only the government is the major contributor here. Benefits: • Old age pension granted as a matter of right, under certain condition satisfied. SOCIAL SECURITY BENEFITS The benefits provide under the social security are as follows: • Medical care • Sickness benefit in cash • Old age pension or retirement benefits • Maternity benefit • Accident benefit • Survivor’s benefit • Squalor benefit • Invalidity benefit SOCIAL SECURITY ACTS IN INDIA The following acts are covered under the social security:  Workmen Compensation Act, 1923  Employee State Insurance Act, 1948  Employee Provident Fund and Miscellaneous Provision Act, 1952  Maternity Benefit Act, 1961  Employee Family Pension Scheme, 1971  Payment of Gratuity Act, 1972  Employee Deposit Linked Insurance Scheme, 1976
  • 3. 3 SOCIAL SECURITY SCHEMES FOR UNORGANISED SECTOR IN INDIA SOCIAL ASSISTANCE SCHEMES: The centrally funded social security schemes cover the rural and urban areas under National Social Assistance Programme (NSAP) are under a threefold system which can be tabulated as follows as per data 2010: SCHEME NAME AMOUNT BENEFICIARY National Old Age Pension Scheme (NOAPS) Rs 75 per month Old people with little or no income support National Family Benefit Scheme (NFBS) Rs 10,000 consolidated Families who lose their primary bread winner (18-65 years of age) National Maternity Benefit Scheme (NMBS) Rs 500 Women aged 19 and above up to 2 live births Other Central Government Schemes (as per data 2010) SCHEME NAME AIMS FEATURES AMOUNT Employment Assurance Scheme (EAS) Generate further employment opportunities Cost sharing basis between centre and state (4:3 ratio) Rs 4000 crore approx. Swaran Jayanti Gram Swarozgar Yojana (SJGSY) Improvement of family income of rural people Credit cum subsidy and generation of self employment Rs 300 crore approx. Around 10 lacs covered. Jawahar Gram Samridhi Yojana (JGSY) Employment of rural infrastructure Self employment creation opportunities Rs 5000 crore approx. Scheme for Handloom Weavers & Artisans Initiative from ministry of textiles for handloom workers Thrift fund schemes and work shed cum housing scheme Rs 60000 crore approx As per 2015 data following schemes are added under the Social Assistance Schemes: SCHEME NAME LAUNCH FEATURES Atal Pension Yojana May 9, 2015 Social Sector Scheme pertaining to Pension Sector Pradhan Mantri Suraksha Bima Yojana May 9, 2015 Accidental Insurance with a premium of Rs. 12 per year. Pradhan Mantri Jeevan Jyoti Bima Yojana May 9, 2015 Life insurance of Rs. 2 lakh with a premium of Rs. 330 per year. Pradhan Mantri Jan Dhan Yojana August 28, 2014 National Mission for Financial Inclusion to ensure access to financial services, namely Banking Savings & Deposit Accounts, Remittance, Credit, Insurance, Pension in an affordable manner Swavalamban September 26, 2010 Pension scheme to the workers in unorganized sector. Any citizen who is not part of any statutory pension scheme of the Government and contributes between Rs. 1000 and Rs. 12000/- per annum, could join the scheme.
  • 4. 4 The Central Government shall contribute Rs. 1000 per annum to such subscribers. SOCIAL INSURANCE SCHEMES They are provided at the behest of the state using its insurance arm. The schemes are operated through Life Insurance Corporation (LIC) and are extended workers in 24 approved occupation groups who are in the age group of 18-60 years. The following schemes are provided under this as per data 2010: SCHEME NAME FEATURES Social Security Group Insurance Scheme (SSGIS) Workers are covered by paying a nominal premium of Rs 10 for every 1000rupees insured. Half of this sum is paid from the Social Security fund. Around 50 lacs workers are covered in this scheme. Rs 25000 in case of death or permanent disablement and Rs 12500 in case of partial disablement. Janashree Bima Yojana (JBY) It applies to a group of at least 25 people and covers over 3 lacs people. The contribution pattern is the same as in Social Security Group Insurance Scheme but the insurance cover has more slab under this scheme:  Rs 20000- for natural death  Rs 50000- death in case of accident  Rs 50000- permanent total disablement  Rs 25000- partial disablement Krishi Shramik Samajik Surakhsa Yojana (KSSSY) It covers agricultural labourers but the upper age limit is 50 years, the contribution of government from the social security fund is just the double of the workers contribution. Benefits include life cum accident insurance, money back and superannuation. The amount insured is the same as in Janashree Bima Yojana (JBY). Workers also get pension on attaining the age of 60 years. Individual Retirement Account ( now known as National Pension Scheme, NPS) It is an old age benefit. Individuals are encouraged to open up a retirement account as soon as possible in their working life. They get a unique IRA number and workers can contribute to this account as frequently as they wish. It translates into pension benefits and annuities at the time of retirement or withdrawal from work due to old age as the case may be. The minimum contribution is Rs 500 per year and one time contribution should be at least Rs 100. Welfare Fund These are the various schemes launched for different sectors like Beedi workers and other working mainly in hazardous industries. The system works on the basics of 2% cess levied per 1000 units produced. The finance so generated is utilised for the welfare of workers by providing them amenities and medical benefits.
  • 5. 5 PUBLIC INITATIVES They include all the schemes that are initiated (other than the government) by the public bodies and institutions. They may be NGO’s and Non- Profit Organizations’ who try and protect the interests of the weaker section of the society by providing them social security. Some of the initiatives are as follows: 1. SELF EMPLOYED WOMEN’S ASSOCIATION (SEWA): The extremely popular scheme started in 1975 and provided insurance cover for as low a premium as Rs 45 per annum. The member women are entitled to maternity benefit, health benefit and financial benefits in case of husband’s death. It covers more than half a million women and has helped provide them financial support. 2. MATHADI BOARD This scheme is prevalent in Maharashtra and covers all workers indulging in hard manual labors. The Mathadi are organized in unions and their representatives sit along with employers and government representatives to form Mathadi Tripartite Board. These boards help provide social security by setting up hospitals and dispensaries. Highly successful, Mathadi Board charges only Rs 20 per month from each worker. Almost every year new schemes are being introduced under them. 3. OTHER LOCAL AND REGIONAL BODIES like association for Health Welfare in the Nilgris (ASHWANI), Voluntary Health Services (VHS), and Society for Promotion of Area Resources Centre (SPARC) in Tamil Naidu, SAMAKHAYA in Andhra Pradesh work in tandem with the workers. They try to collect money from the workers under different schemes which are used up for their benefits in times of emergencies. The main aim is to provide medical facilities to target groups. Some of them are working as nodal agencies while others take up the initiatives themselves.