Lakshmikumaran & Sridharan Attorneys
Arunachal Pradesh
Notified · 23 December 2021

What are Arunachal Pradesh's rules under the Code on Social Security, 2020?

Jurisdiction: Arunachal Pradesh state rules under the Code on Social Security, 2020.

Arunachal Pradesh notified the Code on Social Security (Arunachal Pradesh) Rules by notification dated 17 December 2021, published in the Arunachal Pradesh Extraordinary Gazette (No. 285, Vol. XXVIII) on 23 December 2021. The 72-page notification covers the state social security organisations and boards, the Employees Insurance Court, gratuity, maternity benefit, employees' compensation, building-worker cess, employment information and the compounding of offences. This page synthesizes those obligations from the gazette text; the verbatim rule-by-rule text is on the linked /states page, and the source PDF is available for download below.

Enabling: Code on Social Security, 2020
·Synthesized from a 72-page gazette notification
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Key facts

Parent code
Code on Social Security, 2020
Jurisdiction
Arunachal Pradesh (state rules)
Notified
23 December 2021
Gazette reference
Notification dated 17 December 2021, Government of Arunachal Pradesh, Department of Labour and Employment, published in the Arunachal Pradesh Extraordinary Gazette No. 285, Vol. XXVIII, 23 December 2021 (the parsed gazette header does not reproduce the notification number; see the source PDF)
Source gazette length
72 pages
Arunachal Pradesh Social Security Rules

Key obligations

Scope, commencement and coverage

Source: Rule 1 and the notification's rule-making clause

The rules are titled the Code on Social Security (Arunachal Pradesh) Rules, extend to the state, and supersede earlier state social-security instruments.

  • These rules may be called the Code on Social Security (Arunachal Pradesh) Rules; the parsed gazette text truncates the year in the short-title clause, so the year is not reproduced here (the source PDF and the pdf_path name it 2021) (rule 1).
  • They come into force from the date the Code on Social Security, 2020 takes effect (rule 1).
  • They are made in supersession of earlier state instruments including the Arunachal Pradesh Unorganised Workers' Social Security (First Amendment) Rules, 2015; the notification's rule-making clause lists further superseded instruments at items (i), (iii) and (iv) but the parsed gazette text truncates those citations, so they are not reproduced here (see the source PDF for the complete list).

Social security organisations and boards

Source: Rules 3 to 22 (Chapter II)

Chapter II constitutes the state's social security board, the building-worker welfare board, their advisory committees and the benefits for registered construction workers.

  • The Arunachal Pradesh Unorganised Workers' Social Security Board is constituted under section 6, with non-ex-officio members holding office for up to three years (and not more than two terms), a quorum of ten members and a sitting fee of 2,000 rupees for each non-official member (rule 3).
  • The State Building and Other Construction Workers' Welfare Board has non-official members serving three-year terms, meets at least once a quarter with a quorum of six, and pays each non-official member a sitting fee of 2,500 rupees (rule 5).
  • For registered building and other construction workers, the Board provides group insurance premiums, educational assistance for children up to 21 years of age, and financial assistance for major ailments (such as cancer, renal failure and cardiac disease), deciding such claims within 30 days of a complete application (rule 20).
  • The Secretary of the Welfare Board is its Chief Executive Officer with administrative and expenditure powers up to 2.5 crore rupees for statutory benefits (rules 8 to 9), and administrative expenses of the Fund are capped at five percent of the total budget for the year (rules 12 and 16).

Employees Insurance Court

Source: Rules 23 to 57 (Chapter III)

Chapter III designates the court, its appeal route and the procedure and fees before it.

  • The State Government may appoint the Presiding Officer of the State Industrial Tribunal, constituted under the Industrial Relations Code, as the Employees Insurance Court for Arunachal Pradesh, subject to the administrative control of the High Court (rule 23).
  • An insured person or the Corporation may file a second appeal to the Employees Insurance Court in Form III within 90 days of the decision of the Medical Board or Medical Appeal Tribunal, extendable for sufficient cause (rule 24).
  • The court frames issues, summons and examines witnesses, records evidence and pronounces its order in open court, and its order is final and binding save as provided in section 52 (rules 36 to 50).
  • The fee on an application under section 49, and on most other applications, is 200 rupees, with copies charged at 10 rupees per page, and the court may waive fees for a person unable to pay by reason of poverty (rules 55 to 57).

Gratuity

Source: Rules 58 to 62 (Chapter IV)

Chapter IV sets nomination, the gratuity claim and payment timeline, compulsory insurance and recovery.

  • An employee's gratuity nomination is made in Form XIV in duplicate, within 30 days of completing one year of service (or 90 days for those already in service when the rules commence), and the employer verifies and returns a copy within 30 days (rule 59).
  • An eligible employee applies for gratuity in Form XV, ordinarily within 30 days of it becoming payable, the employer issues a Form XVI notice within 15 days specifying the amount and a payment date not later than the thirtieth day, and a fixed-term employee is eligible after one year of service at 15 days' wages for each completed year (rule 60).
  • Where an employer refuses, under-assesses or fails to act on a claim, the claimant may apply to the Competent Authority in Form XVII within 180 days, and unpaid gratuity is recovered on application in Form XX under section 129 (rule 60).
  • Every employer (other than government establishments) obtains insurance for its gratuity liability from an IRDA-regulated insurer, and registers the establishment with the Competent Authority in Form XXI within 30 days (rule 61).

Maternity benefit

Source: Rule 63 (Chapter V)

Chapter V sets the complaint and appeal route where maternity benefit is withheld.

  • A complaint under section 72 that maternity benefit or another amount has been improperly withheld is made in writing in Form XXIV to the Inspector-cum-Facilitator, who examines the records and, if satisfied, directs the employer to pay immediately or within a specified period (rule 63).
  • An appeal against the Inspector-cum-Facilitator's decision lies to the Competent Authority in Form XXV, which calls for the record and decides after considering the evidence (rule 63).

Employees' compensation

Source: Rules 64 to 73 (Chapter VI)

Chapter VI covers the funeral deposit, review of payments, notice books, medical examination and the memorandum of agreement.

  • Where an employee's injury results in death, the employer deposits with the Competent Authority a sum of not less than 15,000 rupees, in addition to compensation, for the funeral expenditure (rule 64).
  • An application to review a half-monthly payment may be made, in the specified circumstances, without a medical certificate, and the Competent Authority may withhold payments pending its decision (rule 65).
  • An employer dealing with hazardous work maintains a notice book in Form XXVI (rule 66), and the rules govern how and where an employee submits to medical examination, including that a woman is not examined by a male practitioner without her consent except in the presence of another woman (rule 67).
  • The Competent Authority disposes of an application within six months (extendable to one year where disability must be proved), and records memoranda of agreement in a register in the prescribed form (rules 72 to 73).

Building-worker cess, finance and authorities

Source: Rules 74 to 79 (Chapters VII to IX)

Chapters VII to IX cover the construction-worker cess, the funds and the records, registers and returns employers must keep.

  • An employer who fails to pay the building-worker cess within the assessed time pays interest at one percent for every month or part of a month of delay (rule 74), and an appeal against a cess assessment carries a non-refundable fee of half a percent of the amount in dispute, capped at 25,000 rupees (rule 75).
  • The funds may be invested in a nationalised bank or in securities under section 20 of the Indian Trust Act, 1882, and irrecoverable dues are written off only in the specified circumstances (rules 76 to 77).
  • Every employer employing women maintains a register of women employees in Form XXXIII, preserves records for five years, and uploads a unified annual return in Form XXXIV by the last day of February each year (rule 79).

Offences, employment information and the social security fund

Source: Rules 80 to 85 (Chapters X to XII)

Chapters X to XII cover compounding of offences, reporting of vacancies to career centres and the state social security fund.

  • The compounding of an offence under section 138 is applied for in Form XXXV, with the amount deposited within 15 days of the notice and a composition certificate issued within 10 days of receipt of the amount (rule 80).
  • An employer reports vacancies to the designated Career Centre before filling them (public sector establishments, and private sector establishments with 20 or more employees), reporting at least 15 days ahead for a Regional Career Centre and 40 days ahead for a Central Career Centre, and files a yearly Employment Information Return in Form XXXVII within 30 days of 31 March (rule 81).
  • The Arunachal Pradesh Social Security Fund is established from the receipts under section 141 of the Social Security Code and section 115 of the OSH Code and is administered by a State Government-designated agency (rule 82); exempted establishments comply with the specified record and return conditions (rules 83 to 85).

Frequently asked questions

Official gazette PDF

Notification dated 17 December 2021, Government of Arunachal Pradesh, Department of Labour and Employment, published in the Arunachal Pradesh Extraordinary Gazette No. 285, Vol. XXVIII, 23 December 2021 (the parsed gazette header does not reproduce the notification number; see the source PDF)

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