Section 93: Power to Issue Directions

Overview

Section 93 of the Code on Social Security, 2020, doesn’t deal with a specific social security benefit like Provident Fund or ESI directly. Instead, it’s a crucial enabling provision that empowers the Central Government to ensure all social security schemes under the Code – including Provident Fund, Employees’ State Insurance, Gratuity, Maternity Benefit, and others – are implemented consistently and effectively across the country. It’s about the *how* of implementation, rather than *what* the benefit is.

Who is Covered?

• This section applies to all Social Security Boards, authorities, and corporations established under the Code on Social Security, 2020. This includes bodies administering Provident Fund, ESI, Gratuity, Maternity Benefit, and other schemes.
• It indirectly covers all employees and establishments falling under the purview of these various social security schemes. Eligibility for specific benefits (like Provident Fund or ESI) remains governed by the individual provisions within those schemes.

Benefits and Contributions

Section 93 itself doesn’t create any new benefits or contributions. It ensures existing benefits are delivered effectively and contributions are managed properly. The benefits and contribution responsibilities are defined within the specific chapters of the Code relating to each scheme (e.g., Chapter V for Provident Fund, Chapter VI for ESI).

Procedure and Compliance

This section doesn’t outline a direct procedure for employees or employers. Instead, it allows the Central Government to issue directions to the administering bodies. These directions could relate to:

• Administration: How schemes are managed day-to-day.
• Record-keeping: Standards for maintaining accurate records of employees and contributions.
• Technology Adoption: Using technology to improve efficiency and transparency.
• Financial Discipline: Ensuring funds are managed responsibly.
• Performance Standards: Setting targets for the effective delivery of benefits.

Social Security Boards, authorities, and corporations are legally obligated to comply with these directions.

Practical Examples

• Example 1: The Central Government notices inconsistencies in how Maternity Benefit claims are processed across different states. It issues a direction to all state-level authorities outlining a standardized claim form and processing timeline.
• Example 2: The government wants to improve the digital accessibility of Provident Fund services. It directs the EPFO (Employees’ Provident Fund Organisation) to develop a mobile app for members to check their balances and download statements. An employer failing to comply with a direction regarding timely deposit of contributions could face penalties as prescribed under the Code.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. For specific legal guidance, please consult with a qualified advocate.