What are Dadra & Nagar Haveli and Daman & Diu's rules under the Code on Social Security, 2020?
Jurisdiction: Dadra & Nagar Haveli and Daman & Diu state rules under the Code on Social Security, 2020.
The Union Territory of Dadra & Nagar Haveli and Daman & Diu published the draft Dadra & Nagar Haveli and Daman & Diu Social Security Rules, 2023 on 24 November 2023 under sections 154 and 156 of the Code on Social Security, 2020, inviting objections within thirty days. The draft covers the social security boards, gratuity, maternity benefit, employees' compensation, construction-worker cess, records and the Social Security Fund. This page synthesizes the gazette; the verbatim text is on the linked /states page and the source PDF is available below.
Key facts
- Parent code
- Code on Social Security, 2020
- Jurisdiction
- Dadra & Nagar Haveli and Daman & Diu (state rules)
- Published
- 24 November 2023
- Gazette reference
- Notification No. LE/LI/DMN/SSR/385/2023/56, dated 24 November 2023, UT Administration of Dadra & Nagar Haveli and Daman & Diu, Department of Labour & Employment, Daman, published in draft under section 158 of the Code on Social Security, 2020 for a thirty-day objection period
Key obligations
Scope, commencement and draft status
Source: Rules 1 to 2, rule 44 and the notification header
The rules are titled the Dadra & Nagar Haveli and Daman & Diu Social Security Rules, 2023, extend to the whole Union Territory, and were published in draft for public objection.
- These rules may be called the Dadra & Nagar Haveli and Daman & Diu Social Security Rules, 2023 and extend to the whole Union Territory (rule 1(1) to (2)).
- They come into force from the date on which the Code on Social Security, 2020 comes into force (rule 1(3)); as published they are draft rules published under section 158 of the Code, with the notification inviting objections within thirty days of publication (notification header).
- The draft repeals a schedule of earlier instruments, including the Goa, Daman & Diu and Dadra and Nagar Haveli Workmen's Compensation, Maternity Benefit, Payment of Gratuity, Employees' State Insurance (Medical Benefit) and Unorganised Workers' Social Security rules, saving anything already done under them (rule 44).
Employees' Insurance Court and gratuity
Source: Rules 16 to 22 (Chapters III and IV)
Chapters III and IV set the appeal to the Employees' Insurance Court and the full gratuity nomination, claim, notice, appeal and recovery machinery.
- A second appeal to the Employees' Insurance Court is presented within ninety days of the Medical Appeal Tribunal's order in Form I, in triplicate in Form II, with a fee of one hundred rupees, and every appeal is filed within three years of the cause of action (rules 16 to 17).
- A gratuity nomination is made in Form IV, ordinarily within thirty days of completing one year of service, with fresh nominations in Form V and modifications in Form VI, and the employer verifies and records it within thirty days (rule 19).
- A gratuity claim is made in Form VII ordinarily within thirty days of gratuity becoming payable, a fixed-term employee being eligible after one year at fifteen days' wages per completed year; the employer issues a Form VIII notice within fifteen days and pays within thirty days, with disputes going to the competent authority in Form IX, appeals within the time set and recovery in Form XII (rule 20).
- Every employer covered by compulsory insurance under section 57 registers electronically in Form XIII within thirty days, with any amount directed under section 57(4) recoverable as an arrear of land revenue (rule 21).
Maternity benefit and employees' compensation
Source: Rules 23 to 33 (Chapters V and VI)
Chapters V and VI govern maternity-benefit complaints and appeals and the employees' compensation procedure before the competent authority.
- A maternity-benefit complaint is made in writing in Form XIV, and on an Inspector-cum-Facilitator finding benefit improperly withheld the employer is directed to pay, with disposal not exceeding ninety days; an appeal lies to the competent authority in Form XV, also within ninety days (rule 23).
- On an employee's death from injury the employer deposits fifteen thousand rupees, or such notified amount, with the competent authority towards funeral expenses for the eldest surviving dependant (rule 24), and a review of half-monthly payments may be made without a medical certificate on specified grounds (rule 25).
- The employer maintains a notice-book in Form XVI (rule 26), submits fatal-accident statements in Form XVII (rule 28), and memoranda of agreement are recorded by the competent authority after notice in Form XIX and entry in the register in Form XX (rule 29).
- The competent authority disposes of a compensation application within six months, with certified copies charged at set rates and the authority able to exempt an applicant unable to pay costs (rules 31 to 32).
Construction-worker cess, finance and records
Source: Rules 34 to 39 (Chapters VII to X)
These chapters govern building and construction cess, write-off of irrecoverable dues and the registers and returns for women employees and covered establishments.
- Cess levied under section 100 is paid to the Cess Collector within thirty days of completion of the construction project or of the assessment, whichever is earlier, and for projects exceeding one year within thirty days of each completed year (rule 34), with an appeal accompanied by a non-refundable fee of half per cent of the disputed amount capped at twenty-five thousand rupees (rule 35).
- The Board may write off contribution, cess, interest and damages that have become irrecoverable where the establishment has been closed for over five years and the employer cannot be traced, a decree could not be executed, or the claim is not met in liquidation or on nationalisation (rule 37).
- An employer of women employees maintains a register in Form XXI, records for Chapter V matters are preserved for three years, and a unified annual return in Form XXII is uploaded on or before 1 February each year, with a further return within a set period on sale, abandonment or discontinuance (rule 39).
Offences, employment information and the Social Security Fund
Source: Rules 40 to 42 (Chapters XI to XIII)
The closing chapters govern compounding of offences, reporting of vacancies to career centres and the Dadra & Nagar Haveli and Daman & Diu Social Security Fund.
- An offence compoundable under section 138 is dealt with by a compounding notice in Form XXIII, the person applying in Part III and depositing the entire compounding amount within fifteen days, with a composition certificate issued within ten days, and prosecution instituted if the amount is not deposited (rule 40).
- Public-sector and notified private-sector employers report vacancies to the specified career centre before filling them, receiving a unique reporting number within three working days, reporting at least fifteen days before the last date for applications, maintaining records and furnishing yearly returns in Form XXV within thirty days of 31 March (rule 41).
- The Dadra & Nagar Haveli and Daman & Diu Social Security Fund meets the expenses of unorganised-worker schemes, is credited from Administration and Government of India grants, registration and contribution receipts and CSR or other support, is administered through a designated agency and is audited by the Comptroller and Auditor General or a notified agency (rule 42).
Frequently asked questions
Official gazette PDF
Notification No. LE/LI/DMN/SSR/385/2023/56, dated 24 November 2023, UT Administration of Dadra & Nagar Haveli and Daman & Diu, Department of Labour & Employment, Daman, published in draft under section 158 of the Code on Social Security, 2020 for a thirty-day objection period
Social security organisations
Source: Rules 3 to 15A (Chapter II)
Chapter II governs the Unorganized Workers Social Security Board and the Building and Other Construction Workers Welfare Board, their tenure, meetings and schemes.