Section 96: Authorities to be Public Servants

Overview

Section 96 of the Code on Social Security, 2020, doesn’t directly deal with a specific social security benefit like Provident Fund, ESI, gratuity, or maternity benefit. Instead, it’s a crucial provision concerning the administration of the entire Code. It establishes the legal status of individuals responsible for implementing and enforcing the various schemes under the Code. This section ensures that those entrusted with managing social security benefits are held to the same standards of integrity and accountability as other public officials.

Who is Covered?

• This section applies to all officers, inspectors, board members, and authorities appointed or designated under the Code on Social Security, 2020. This includes individuals involved in the administration of Provident Fund, ESI, gratuity, maternity benefit, and other related schemes.
• There are no specific eligibility conditions related to length of service or wage limits for being covered by this section – it applies to anyone holding a designated position of authority under the Code.

Benefits and Contributions

This section doesn’t relate to employee benefits or contribution responsibilities. It concerns the legal status of officials administering the social security schemes. The 'benefit' here is the legal framework ensuring proper administration and accountability.

Procedure and Compliance

There is no specific procedure or compliance requirement for employees or employers under Section 96. It automatically applies to designated authorities. It means that any actions taken by these authorities are subject to scrutiny under the Indian Penal Code and other relevant laws governing public servants. This includes adherence to ethical conduct, transparency, and proper record-keeping.

Practical Examples

• Example 1: Investigation of a Claim: An inspector under the Code investigates a claim for gratuity. Because of Section 96, the inspector is considered a public servant. If the inspector demands a bribe to expedite the claim, they can be prosecuted under the Prevention of Corruption Act, 1988, in addition to facing disciplinary action.
• Example 2: Incorrect Calculation of Benefits: A board member responsible for overseeing the Employees' State Insurance (ESI) scheme makes an error in calculating benefit amounts, resulting in underpayment to employees. Section 96 allows for legal recourse against the board member, holding them accountable for their actions as a public servant.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and Section 96 specifically. It should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.