What are Nagaland's rules under the Code on Social Security, 2020?
Jurisdiction: Nagaland state rules under the Code on Social Security, 2020.
Nagaland published the draft Nagaland Code on Social Security Rules, 2023 in the Nagaland Gazette Extraordinary No. 238 on 14 December 2023 under Sections 154 and 156 of the Code on Social Security, 2020, inviting objections within 45 days. The 51-page draft constitutes the unorganised workers' social security board and the building workers' welfare board, and sets the social security fund, gratuity, maternity benefit, employee's compensation, gig and platform worker registration, the building-and-construction cess and records and returns. 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
- Nagaland (state rules)
- Published
- 14 December 2023
- Gazette reference
- Notification NO.LAB-46/5/2015-16 (Vol-II), dated Kohima the 14th December 2023, Government of Nagaland, Office of the Labour Commissioner, published in draft under Sections 154 and 156 of the Code on Social Security, 2020 as required by sub-section (1) of Section 154 and sub-section (1) of Section 156 for a 45-day objection period, in the Nagaland Gazette Extraordinary No. 238 dated 14 December 2023
- Source gazette length
- 51 pages
Key obligations
Scope, draft status and the social security board
Source: Rules 1 to 16 and the notification header (Chapters 1 and 2)
The rules are titled the Nagaland Code on Social Security Rules, 2023 and were published in draft; Chapter 2 constitutes and runs the unorganised workers' social security board.
- These rules may be called the Nagaland Code on Social Security Rules, 2023, extend to the whole State of Nagaland, and come into force from the date of notification (rule 1); as published they are draft rules that the Government proposes to make and are published as required by sub-section (1) of Section 154 for a forty-five-day objection period (notification header).
- The Nagaland Unorganised Workers' Social Security Board is constituted under Section 6 with the Minister or Advisor of Labour as Chairperson and the nominated membership set out, the term of the Board is three years, it meets at least once in four months, and no business is transacted unless at least ten members are present (rules 3, 4, 8 and 12).
- The Nagaland Unorganised Workers' Social Security Fund receives State and Central grants, registration and contribution amounts and Corporate Social Responsibility contributions, is kept in a separate scheduled-bank account administered by the Board, and its administrative expenses are capped at ten per cent of total scheme expenditure (rule 15).
- Members are paid travelling and daily allowance at the rate admissible to the lowest Group 'A' officer of the State Government (rule 11), a change of address is communicated within fifteen days (rule 6), and vacancies are filled for the remainder of the predecessor's term (rule 7).
Building and other construction workers' welfare board
Source: Rules 17 to 22 (Part II)
The draft constitutes and runs the Nagaland Building and Other Construction Workers' Welfare Board.
- The Nagaland Building and Other Construction Workers' Welfare Board consists of a Chairperson appointed by the State Government, a Central Government nominee, five departmental members, up to three worker representatives and up to three employer representatives, with at least one woman member, and a term of office of five years (rule 17).
- The Board ordinarily meets once in three months, decides questions by majority with the Chairperson holding a casting vote, may appoint sub-committees, and appoints an officer not below the rank of Assistant Labour Commissioner as Secretary with the State Government's concurrence (rule 17).
- The Board is responsible for administering the fund, framing and notifying social security schemes and welfare measures with the State Government's prior approval, maintaining accounts and collecting contributions (rules 17 and 19), and a report on its functioning is approved before 15 June and submitted to the Government before 15 July each year (rule 21).
- The fund is not expended without the Government's prior approval for any purpose other than those in the Code and rules (rule 20), and the Secretary furnishes copies of registers and the annual report on application with the Board's approval (rule 22).
Gratuity: nomination, claims and compulsory insurance
Source: Rules 23 to 28 (Chapter 3)
The draft sets gratuity nomination, claims, the compulsory-insurance and registration mechanism and the appeal on maternity benefit.
- A gratuity nomination is made in Form-I in duplicate within one month of completing one year of continuous service, or within one month of joining for a fixed-term employee, with a fresh nomination in Form-II on acquiring a family and a modification in Form-III (rule 24).
- A fixed-term employee who renders one year of service is eligible for gratuity at fifteen days' wages, based on the wages last drawn, for every completed year of service or part in excess of six months; a claim is made in Form-IV ordinarily within thirty days of gratuity becoming payable, and a dispute is referred to the Competent Authority in Form-V within one year (rules 25 to 26).
- Every employer other than a Government establishment obtains insurance for the gratuity liability, registers the establishment electronically in Form-VIII within thirty days of the compulsory-insurance notification with employee details in Form-VI, and the certificate is issued within seven days failing which registration is deemed granted; an employer of 500 or more persons may opt to continue an approved gratuity fund in Form-IX (rule 27).
- A minor nominee's or heir's gratuity is invested in a term deposit with the State Bank of India, a nationalised bank or another prescribed bank (rule 23), and an appeal against the Inspector-cum-Facilitator's decision on maternity benefit lies to the Competent Authority (rule 28).
Employee's compensation, medical examination and memoranda
Source: Rules 30 to 39 (Chapters on employee's compensation)
The draft sets the funeral deposit, review and commutation of compensation, the notice book and medical examination, and the recording of agreements.
- Where an employee's injury results in death the employer deposits with the Competent Authority a sum of rupees fifteen thousand towards funeral expenditure for the eldest surviving dependant or the person who actually incurred the expenditure (rule 30).
- An application for review of a half-monthly payment may be made without a medical certificate on the listed grounds, and on an application for commutation the Competent Authority estimates the probable duration of the disablement and awards a lump sum accordingly (rules 31 to 32).
- An employer dealing with hazardous work maintains a notice book in Form-VIII, an employee required to submit to medical examination does so under the rules, a female employee is examined by a female practitioner or, in her absence, by a male practitioner in the presence of another female, and the employer's statement is furnished in Form-IX within thirty days (rules 33 to 35).
- A memorandum of agreement is recorded by the Competent Authority in the prescribed forms after notice to the parties (rule 36), and an application before the Competent Authority is disposed of within six months, extendable to one year with the parties' consent where disability must be proved (rules 38 to 39).
Unorganised, gig and platform worker registration and building cess
Source: Rules 40 to 43 (Chapters on registration and cess)
The draft sets self-declaration Aadhaar registration for unorganised, gig and platform workers and the building-and-construction cess.
- An eligible unorganised worker registers electronically with Aadhaar on a self-declaration basis on the State Government portal and receives an acknowledgement bearing a Unique Registration Number (rule 40).
- A gig worker or platform worker aged sixteen to sixty who has been engaged for at least ninety days in the preceding twelve months registers with Aadhaar on self-declaration, each aggregator shares worker details periodically and links its database to the registration number, and updated particulars must be kept current to remain eligible for scheme benefits (rule 41).
- Where an employer fails to pay the building-and-construction cess within the time in the assessment order or thirty days of its issue, whichever is earlier, the employer is liable to interest at one per cent for every month or part of a month from the due date until payment (rule 42), and the fee for appeal against a cess assessment is set under Section 105 (rule 43).
Finance and accounts, records, registers and returns
Source: Rules 44 to 55 (Chapters on finance and miscellaneous)
The draft sets the boards' finance and property powers and the records, registers, notices and returns employers maintain.
- Acquisition, holding or transfer of property, investment of moneys, raising of loans and the constitution of benefit funds for the boards' staff are governed by the rules framed by the Finance Department, Government of Nagaland, acting in consultation with the two boards, which may write off irrecoverable contribution, cess, interest and damages on the stated conditions (rule 44).
- Every employer maintains records and registers and other particulars, displays notices at the workplace, and files returns to the officer or authority fixed by the State Government (rules 47 and 53).
- The Inspector-cum-Facilitator may exercise such further powers and duties as the State Government assigns (rule 54), and labour statistics are collected for the Director General, Labour Bureau in the specified electronic form (rule 55).
Frequently asked questions
Official gazette PDF
Notification NO.LAB-46/5/2015-16 (Vol-II), dated Kohima the 14th December 2023, Government of Nagaland, Office of the Labour Commissioner, published in draft under Sections 154 and 156 of the Code on Social Security, 2020 as required by sub-section (1) of Section 154 and sub-section (1) of Section 156 for a 45-day objection period, in the Nagaland Gazette Extraordinary No. 238 dated 14 December 2023