Social Security Law in India, 2nd Edition

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Social Security Law in India, 2nd Edition

By Debi S. Saini
Kluwer Law International October 2021

Specifications

ISBN-13
9789403538716
Publisher
Kluwer Law International
Publication
October 2021
Format
Paperback
Jurisdiction
India ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book describes the social security regime in India. It conveys a clear working knowledge of the legal mechanics affecting health care, employment injuries and occupational diseases, incapacity to work, pensions, survivors’ benefits, unemployment benefits and services, and family benefits.

 

The analysis covers the field of application, conditions for entitlement, calculation of benefits, financing, the institutional framework, and relevant law enforcement and controls. Allowances for retirees, employees, public sector workers, the self-employed, and the handicapped are all clearly explained, along with full details of claims, adjudication procedures, and appeals.

 

Succinct yet eminently practical, the book will be a valuable resource for lawyers handling social security matters in India. It will be of practical utility to those both in public service and private practice called on to develop and to apply social security law and policy, and of special interest as a contribution to the comparative study of social security systems.

Table of Contents

The Author

List of Abbreviations

General Introduction

Part I. The Institutions

Introduction

Chapter 1. Public Institutions

Chapter 2. Constitution and Powers of the Public Institutions

Part II. Contribution and Financing

Chapter 1. Financing of the ESI Scheme

Chapter 2. Financing of Provident Funds and Pensions

Chapter 3. Financing of Welfare Funds

Chapter 4. Financing of MNREGA Scheme

Part III. Health Care

Chapter 1. Basic Structure of Health Care System

Chapter 2. Sickness Insurance for Industrial Workers

Chapter 3. Providing Medical Care under ESI Scheme

Chapter 4. Health Insurance for People BPL

Chapter 5. Ayushman Bharat Yojna: National Health Protection Mission (AB-NHPM)

Chapter 6. Health Care Provided Through Labour Welfare Schemes

Chapter 7. Towards Efficacious Medical Care Administration

Part IV. Family Allowances

Part V. Incapacity to Work

Chapter 1. Reimbursement of Funeral Expenses

Chapter 2. Maternity Benefit

Chapter 3. Invalidity Pension

Part VI. Compensation for Employment Accidents and Occupational Diseases

Chapter 1. Compensation for Employment Accidents

Chapter 2. The Computation and Disbursement of Compensation

Chapter 3. The ESI Act and Occupational Hazards

Part VII. Unemployment Compensation

Chapter 1. Lay-Off Compensation

Chapter 2. Retrenchment Compensation

Chapter 3. Closure Compensation

Chapter 4. Transfers

Chapter 5. Unemployment Allowance Scheme under the ESI Act, 1948

Chapter 6. Towards Comprehensive Unemployment Insurance

Part VIII. Provident Funds and Pensions

Chapter 1. Provident Funds

Chapter 2. Employees’ Deposit-Linked Insurance

Chapter 3. Pensions

Part IX. Gratuity

Chapter 1. Nature of Gratuity

Chapter 2. Application of the Act

Chapter 3. Exemptions

Chapter 4. Payment of Gratuity

Part X. Minimum Income Support

Chapter 1. Social Assistance to Elderly Poor and Vulnerable

Chapter 2. Employment Guarantee Scheme Through Legislation (MNREGA)

Chapter 3. Social Assistance Through Welfare Funds

Chapter 4. Welfare Fund for the Building and Other Construction Workers

Chapter 5. Minimum Wage

Chapter 6. Food Security Through the PDS

Chapter 7. The Legislation for Meeting the Basic Social Protection Needs of the Unorganized Sector Workers

Part XI. Enforcement of Protection

Chapter 1. The Structure of the Social Protection Enforcement

Chapter 2. Administrative and Technical Problems

Part XII. Claims and Adjudication

Chapter 1. The Employees’ Insurance Court

Chapter 2. Adjudication System for Occupational Accidents and Diseases

Chapter 3. Claims for Provident Funds and Pensions

Chapter 4. Gratuity Claims and Adjudication

Chapter 5. Claiming Maternity Benefit

Chapter 6. Claiming Lay-Off, Retrenchment and Closure Compensation

Part XIII. General Conclusions

Chapter 1. Working of the Formal Social Security Framework

Chapter 2. Towards Integrated Social Security

Chapter 3. Is Building a National Consensus on Reconceptualization of Social Security Feasible?

Chapter 4. The Social Security Code (SCC): An Attempt

Towards Integration and Simplification

Selected Bibliography

Table of Indian Statutes, Schemes and Regulations

Table of Cases

Index

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