What are Manipur's rules under the Code on Social Security, 2020?
Jurisdiction: Manipur state rules under the Code on Social Security, 2020.
Manipur published the draft Code on Social Security (Manipur) Rules, 2021 on 19 November 2021 (Manipur Extraordinary Gazette No. 241) under sections 154, 156 and 158 of the Code on Social Security, 2020, for a 45-day objection period. The 47-page draft sets up the state welfare boards, gratuity, employees' compensation, cess, inspection and vacancy-reporting machinery. This page synthesizes those provisions; 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
- Manipur (state rules)
- Published
- 19 November 2021
- Gazette reference
- Notification No. 5/44/2018-L&E(Pt), dated 19 November 2021, Government of Manipur, Skill, Labour, Employment and Entrepreneurship Department, published in the Manipur Extraordinary Gazette No. 241, 19 November 2021
- Source gazette length
- 47 pages
Key obligations
Scope, commencement and draft status
Source: Rule 1 and the notification header
The rules are titled the Code on Social Security (Manipur) Rules, 2021, extend to the whole state, and were published in draft for public objection, superseding three earlier state instruments.
- These rules may be called the Code on Social Security (Manipur) Rules, 2021 and extend to the whole of the State of Manipur (rule 1(1) to (2)); they come into force after the date of their final publication in the Official Gazette (rule 1(3)).
- As published they are draft rules issued under sections 154, 156 and 158 of the Code on Social Security, 2020, read with section 23 of the General Clauses Act, 1897, for a 45-day objection period, not final notified rules (notification header).
- The draft is made in supersession of the Manipur Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960, the Manipur Payment of Gratuity Rules, 1982 and the Manipur Unorganized Workers Social Security Rules, 2016, which are repealed by section 164 of the Code except as respects things done before such supersession (notification header).
Social security boards: unorganized workers and construction workers
Source: Rules 3 to 13 (Chapters II and III)
Chapters II and III govern the State Unorganized Workers' Social Security Board and the State Building and Other Construction Workers' Welfare Board and the schemes and cess they administer.
- For the State Unorganized Workers' Social Security Board, members' terms, allowances, cessation and resignation are as the State Government specifies in constituting the Board; address changes are notified to the Member Secretary, and vacancies are filled from the same category for the remainder of the term (rules 3 to 5).
- For the State Building and Other Construction Workers' Welfare Board, the chairperson holds office for three years and a member for two years, each continuing until a successor is notified (rule 6), on terms, salaries and allowances specified by the State Government (rule 7).
- A Board member may resign to the State Government through the Secretary, the office falling vacant on acceptance or after thirty days, whichever is earlier (rule 8); a member absent for three consecutive meetings without leave ceases to be a member unless the State Government directs otherwise (rule 9), and vacancies are filled for the remainder of the term (rule 10).
- The Welfare Board frames welfare schemes under section 7(6) covering death and disability benefits, pension at sixty, group-insurance premium, children's education, medical treatment of major ailments, maternity benefit, skill development, and transit or hostel accommodation for beneficiaries (rule 12).
- An employer of building or other construction work with ten or more workers pays the cess under section 100 within thirty days of completing the project or of assessment being finalised, whichever is earlier (rule 13).
Employees' insurance court and gratuity
Source: Rules 14 to 18 (Chapters IV and V)
Chapters IV and V provide the second appeal to the Employees' Insurance Court and the gratuity nomination, application and payment machinery.
- A second appeal against a Medical Board order lies to the Employees' Insurance Court within thirty days of receipt of the order (rule 14), and that Court, having the powers of a civil court under section 50(1), follows the Code of Civil Procedure, 1908 in its proceedings (rule 15).
- A minor's share of gratuity under section 53(1) is invested by the competent authority in a term deposit with the State Bank of India or a nationalised bank, under intimation to the minor's guardian (rule 16).
- Gratuity nominations are made in Form-I in duplicate, ordinarily within ninety days of completing one year's service, verified and returned by the employer within thirty days; modifications use Form-II, and a fresh nomination follows within ninety days of acquiring a family (rule 17).
- An employee applies for gratuity in Form-III, a nominee in Form-IV and a legal heir in Form-II, ordinarily within thirty days; the employer issues a Form-III notice of the amount within fifteen days, fixes payment within thirty days, and pays by demand draft or bank credit, with disputed or refused claims going to the competent authority and an appeal to the appellate authority (rule 18).
Employees' compensation and building-cess
Source: Rules 20 to 25 (Chapters VI and VII)
Chapters VI and VII cover review of compensation, accident records and the cess on building and other construction work.
- A half-monthly compensation payment under section 79 may be reviewed, without a medical certificate, on grounds such as a change in the employee's wages, cessation of payment, or a mistake or error apparent on the record (rule 20).
- Every registered establishment keeps a Notice-Book in Form-IX accessible to injured employees (rule 21), the employer submits a Form-X statement on a fatal accident when required under section 88(1) (rule 22), and an application to the competent authority under section 93 is disposed of within three months (rule 24).
- The cess on building and other construction work under section 100(1) is paid within thirty days of completion or of assessment being finalised, whichever is earlier, with advance payment allowed on a chartered engineer's self-assessment subject to final adjustment (rule 25).
Finance, inspection, records and returns
Source: Rules 26 to 33 (Finance and Accounts; Authorities, Assignment, Compliance and Recovery)
These chapters govern a social security organisation's property and funds and the inspection, record-keeping and return obligations of employers.
- A social security organisation may acquire, hold and dispose of property within stated value and lease limits, the organisation's sanction being needed for larger dealings, and may invest its funds within State Government guidelines (rules 26 to 27).
- With State Government sanction it may raise loans and provide for their repayment (rule 28), constitute a provident or benefit fund for officers and employees not otherwise covered (rule 29), and write off irrecoverable contribution, cess, interest and damages in Form-XII under section 121 (rule 30).
- An Inspector-cum-Facilitator may examine premises, take evidence and record or photograph as needed (rule 31), and issues a Form-XIII memorandum of inspection giving the employer thirty days to rectify or explain the irregularities detected (rule 32).
- Establishments employing women keep a Form-XIV register, records under Chapter V of the Code are preserved for two years, and a unified return in Form-XV is filed on sale, abandonment or discontinuance of the establishment (rule 33).
Employment information, miscellaneous and forms
Source: Chapters XI and XII (rules 36 to 40; the Chapter XI career-centre rules are not separately numbered in the parsed gazette)
Chapter XI provides the career-centre vacancy-reporting scheme and Chapter XII the residuary, funeral-expense and forms provisions.
- Under Chapter XI, private-sector establishments (ordinarily fifty or more employees) report vacancies to the notified career centre before filling them and receive a unique vacancy reporting number within three working days; vacancies are reported in Form-XVII, cross-state vacancies are routed to the regional and central career centres, and yearly employment returns are filed in Form-XVIII by 31 March (Chapter XI, Employment Information and Recovery; the parsed gazette does not cleanly number these rules).
- The State Unorganized Workers' Social Security Board may establish a secretariat for its day-to-day management (rule 36), and an employer deposits fifteen thousand rupees with the competent authority for a deceased employee's funeral expenses under section 76(7) unless already paid (rule 37).
- Matters for which the rules make no express provision are referred to the State Government, whose decision binds (rule 39), and the State Government may amend, add or delete any Form by notification (rule 40); the draft carries Forms I to XVIII for nominations, gratuity, compensation, inspection, records and vacancy reporting.
Frequently asked questions
Official gazette PDF
Notification No. 5/44/2018-L&E(Pt), dated 19 November 2021, Government of Manipur, Skill, Labour, Employment and Entrepreneurship Department, published in the Manipur Extraordinary Gazette No. 241, 19 November 2021