Section 115 of The Occupational Safety, Health and Working Conditions Code, 2020
- (1)There shall be established by the appropriate Government a social security fund for the welfare of the unorganised workers to which there shall be credited the amount received from composition of the offence as specified in sub-section (4) of section 114 and the amount of the penalty as specified in sub-section (6) of section 111.
- (2)The fund may also be funded by such other sources as may be prescribed by the appropriate Government.
- (3)The fund shall be administered and expended for welfare of the unorganised workers in such manner as may be prescribed by the appropriate Government including the transfer of the amount in the fund to any fund established under any other law for the time being in force for the welfare of the unorganised workers. Explanation.---For the purpose of this section the expression "unorganised worker" shall have the same meaning as is assigned to it under clause (m) of section 2 of the Unorganised Workers Social Security Act, 2008 (33 of 2008).
Summary
- The appropriate government must establish a social security fund dedicated to the welfare of unorganised workers, who are self-employed or lack formal employment benefits.
- This fund is financed by money collected from the compounding of offences under Section 114(4) and administrative penalties under Section 111(6).
- The fund can receive additional funding from other sources prescribed by the appropriate government.
- The government will administer and spend the fund to benefit unorganised workers, which can include transferring money to other existing unorganised worker welfare funds.
Practical examples
FAQ
1. What is the main purpose of the social security fund under Section 115 of the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 115 of the Occupational Safety, Health and Working Conditions Code, 2020, the social security fund is established by the appropriate government to provide welfare benefits and support to unorganized workers.
2. What money is credited to the unorganized workers' fund under Section 115 of the Code?
Under Section 115 of the Code, the fund is financed by the money collected from the compounding of offences under Section 114 and the administrative penalties imposed under Section 111, alongside other government-prescribed sources.
3. Can funds from Section 115 of the Act be transferred to other welfare funds?
Yes, under Section 115 of the Act, the appropriate government can transfer money from this social security fund to any other fund established under another law meant for the welfare of unorganized workers.
Test yourself
Q1.Under Section 115 of the Occupational Safety, Health and Working Conditions Code, 2020, who is responsible for establishing the social security fund?
Q2.Under Section 115 of the Occupational Safety, Health and Working Conditions Code, 2020, which of the following amounts is credited to the social security fund?
Q3.Under Section 115 of the Occupational Safety, Health and Working Conditions Code, 2020, the definition of "unorganised worker" is adopted from which Act?
Q4.Under Section 115 of the Occupational Safety, Health and Working Conditions Code, 2020, what is the link between the social security fund and the compounding of offences under Section 114?