Section 92: Power to Frame Social Security Schemes

Overview

Section 92 of the Code on Social Security, 2020, is a foundational provision that empowers the Central Government to formulate and implement social security schemes. It doesn’t deal with a *specific* benefit like Provident Fund or Maternity Benefit directly, but rather provides the legal basis for creating schemes covering a wide range of benefits including provident fund, pension, insurance, maternity benefits, and crucially, benefits for workers in the gig and platform economy, as well as unorganised sector workers. This section is about the *power to create* these benefits, not the benefits themselves.

Who is Covered?

• This section doesn’t define specific classes of employees or establishments directly. Instead, it allows the government to define these in the schemes themselves. The schemes can cover employees covered under other labour codes, gig workers, platform workers, unorganised workers, and any other category the government deems necessary.
• Eligibility conditions (like length of service, wage limits, or type of work) will be determined *within* the specific schemes created under this section. The Code provides flexibility for the government to tailor eligibility based on the needs of different worker groups.

Benefits and Contributions

• The benefits provided will vary depending on the scheme. These could include financial assistance during maternity, old age pensions, health insurance, disability benefits, or savings schemes like Provident Fund.
• Contribution responsibilities (employer, employee, and government) will be specified within each individual scheme. The Code doesn’t pre-define contribution percentages or amounts; these will be determined by the government when designing each scheme. The government may also choose to fully fund certain schemes.

Procedure and Compliance

Section 92 itself doesn’t detail procedures for contributions, registrations, or claims. These procedures will be outlined in the rules and regulations created *under* the schemes established by the government. Generally, schemes will likely involve registration of beneficiaries, regular contribution payments (where applicable), and a defined process for filing claims and receiving benefits. Expect online portals and dedicated administrative bodies to manage these schemes as they are rolled out.

Practical Examples

• Example 1: Gig Worker Scheme – The government designs a scheme providing accident insurance and health benefits to gig workers registered on online platforms. A gig worker, after registering on the scheme’s portal and fulfilling the eligibility criteria (e.g., completing a minimum number of work assignments), becomes eligible for insurance coverage in case of an accident during work.
• Example 2: Non-Compliance with Scheme Regulations – A platform company fails to deduct and remit contributions as required by a scheme designed for platform workers. The government, through its enforcement agencies, can impose penalties on the company for non-compliance, as outlined in the Code and related rules.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. The Code on Social Security, 2020, is a complex piece of legislation, and specific legal advice should be sought from a qualified professional.