The Constitution of India has numerous welfare provisions for social security of the weaker section of the society.

Entry 24 in list III of schedule VII provides for "Welfare of Labour, including conditions of work, provident funds, liability for workmen's compensation, invalidity and old age pension and maternity benefits. Item No. 9 of the State List and item 20, 23 and 24 of Concurrent List relates to old age pension, social security and social insurance, and economic and social planning. Further, Article 41 of Directive Principles of State Policy deals with the State's role in providing social security to the unemployed, aged, sick, disabled and other unprivileged class of people. Article 39A of the Constitution envisages that the State should provide free legal aid by legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Article 42 of the Constitution provides that the State shall make provision for securing just and humane conditions of work and for maternity relief. The provisions of Article 43 envisages that the State shall secure, secure, by suitable legislation or economic organization or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.

More than one third of the population of the world is deprived of social security. Laws can reduce the vulnerability of those poor and socioeconomically backward people and policies that protect their livelihood, increase their human capital and assist them in times of crises. Despite the serious need, developing countries are not able to implement adequate social

security laws and policies. In developing nations, the implementation of social security laws is very difficult task due to the fact that capital and insurance markets are typically underdeveloped, budget restrictions are high and usually developing countries have traditional labour structures and large levels of poverty. In India there are four principal laws on social security, namely, the Employees State Insurance Act, 1948, the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (Separate provident fund legislations exist for workers employed in Coal mines and tea plantations in the state of Assam and for seamen), the Workmens Compensation Act, 1923, the Maternity Benefit Act, 1961 and the Payment of Gratuity Act, 1972. The Government of India announced a National Policy on Older Persons in January 1999 to ensure financial security, health care and nutrition, shelter, education, welfare, protection of life and property etc. for the well-being of older persons in the country. Recently, the Unorganised Sector Workers' Social Security Bill, 2007 has been introduced in Rajya Sabha with spectacular welfare provisions.

The regulatory framework for Provident Fund and Survivor Insurance is provided under the following laws: 1. Employees Provident Fund and Miscellaneous Provisions Act, 1952 2. The Employees' Deposit Linked Insurance Scheme, 1976. In 2004, a voluntary old-age, disability, and survivors benefits scheme, part of the Unorganized Sector Social Security Scheme for employees and selfemployed persons of 36 to 50 years of age with monthly earnings of 6,500 rupees or less but without mandatory coverage, was introduced as a pilot program in 50 districts. Contributions are income related and flat rate. Employees' Provident Fund Scheme takes care of following needs of the members: (i) Retirement (ii) Medical Car (iii) Housing (iv) Family obligation (v)

Education of Children (vi) Financing of Insurance Polices. Amount of Provident Fund at the credit of the deceased member is payable to nominees/ legal heirs. The Employees' Provident Fund Organisation, India, established under the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952, is one of the largest provident fund institutions in the world in terms of members and volume of financial transactions. The Employees Provident Funds & Miscellaneous Provisions Act, 1952 applies to specific scheduled factories and establishments employing 20 or more employees and ensures terminal benefits to provident fund, superannuation pension, and family pension in case of death during service. Separate laws exist for similar benefits for the workers in the coal mines and tea plantations. Provident fund and survivor (deposit-linked) insurance covers Employees, including casual, part-time, daily wage workers, and those employed through contractors, with monthly earnings of 6,500 rupees or less working in establishments with a minimum of 20 employees in one of the 182 categories of covered industry (the establishment remains covered even if the number of employees falls below 20); employees of other establishments specified by law, including cooperatives with more than 50 employees and establishments with less than 20 employees; newspaper employees; and cinema and theatres employing 5 or more persons. It provides for voluntary coverage for employees of covered establishments with monthly earnings of more than 6,500 rupees, with the agreement of the employer and voluntary coverage for establishment with less than 20 employees if the employer and majority of the employees agree to contribute.

Employees' Provident Fund Organization implements the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and administers the provisions of the scheme framed under the act for the welfare of the working class. The Employees' Provident Fund Organization is a service

organization and a corporate body having an independent board. For the effective functioning of the Employees' Provident Fund Organization, there are numerous committees to assist it. To have effective distribution of benefit and decentralization of administrative network, there are zonal, regional and subordinate regional offices of the Organization.

The Employee State Insurance Corporation, an apex corporate body, 1948 administers the social programme under the Employee State Insurance Act. Its membership comprises of employee, employers, the central and state government, besides, representatives of parliament and medical profession. The union minister of labour is the chairman, who heads the corporation. The director general is appointed by the central government and he functions as its chief executive officer. A standing committee constituted from amongst the members of the corporation, acts as an executive body. The medical benefit council constituted by the central government is a statuary body that advises the corporation on matters related to effective delivery services to the beneficiary population. The central head quarters of the corporation is at New Delhi, and it operates through a network of 26 regional and sub- regional offices situated in various states of the country. The respective state governments supervise the administration of medical benefit.

Ministry of Labour and Employment is one of the important organs of the government of India which implements the directives of the Constitution regarding social security. Some of the thrust areas of activity of the Ministry are Safety, health and welfare of labour; Social security of labour Policy relating to special target groups such as women and child labour; Employment services and vocational training and Administration of Central Labour & Employment Services. The Social Security Division is one of the constituents of the main Secretariat of the Ministry which encompasses the following:

1. 2. 3. 4. 5. 6. 7. 8. 9.

Social Security - A Profile Employee Provident fund Organization Employee State Insurance Corporation The Unorganized Sector Workers Social Security Scheme Salient Feature of the above Scheme. Industrial Relations Child and Women Labour Directorate General, Labour Welfare The Unorganized Sector Workers Social Security Scheme Salient Feature of the above Scheme.

The Employee State Insurance Act, 1948, is a social welfare legislation. It has been enacted with the purpose of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto, thereby trying to attain the goal of socio-economic justice enshrined in the Directive principles of state policy under part 4 of the Indian constitution. During the early stages, the ESI scheme was implemented at just two industrial centers in the country namely, Kanpur and Delhi with a total coverage of about 1.20 Lakh workers. Gradually, it was implemented in a phased manner across different states of the country. The Employee State Insurance Act, 1948 applies to non-seasonal, power using factories or manufacturing units employing ten or more persons and nonpower using establishments employing twenty or more persons. The Central government shall prescribe the monthly wage limit for coverage under the ESI Act in the ESI (central) rules, 1950. The present wage ceiling for coverage (excluding remuneration for over-time work) is Rs.6500 per month (Rule 50 of ESI central rules, 1950). The Employee State Insurance Corporation, an apex corporate body, administers the comprehensive and well-designed social security programme under the ESI Act. The ESI scheme under the ESI Act is a self-financing health insurance scheme.

The Employees Provident Funds & Miscellaneous Provisions Act, 1952 provides Social Security to the workers in the Organized Sector. The Employees Provident Funds & Miscellaneous Provisions Act, 1952 applies to specific scheduled factories and establishments employing 20 or more employees and ensures terminal benefits of provident fund, superannuation pension, and family pension in case of death during service. The provisions of the Act assist the government by providing funds of considerable magnitude for utilization on various projects meant for promoting economic and social development of the country and the well being of its people. Separate laws exist for similar benefits for the workers in the coal mines and tea plantations. The Act makes provision for the framing of the Employees' Provident Fund Scheme for the establishment of provident funds under this Act for employees or for any class of employees. The Fund shall vest in, and be administered by the Central Board constituted under the provisions of this Act. There shall be an Executive Committee to assist the Central Board in the performance of its functions.

The Coal Mine Workers are governed by the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948. The Coal Mines Provident Fund Organization formed under this act, is a statutory organization. This Organization is a repository and custodian of the provident fund and other contributions received from the members and their employer-organizations in the Coal Mine Sector, both in the public and private sectors in the country.

The Mines Act, 1952 seeks to regulate the working conditions of labour in mines by providing measures to be taken for the safety of the workers employed therein. To the implement the provisions of Mines Act, 1952, the

Central Government has framed the Mines rules, 1955, Metalliferous Mines Regulations, 1961, and the Maternity Benefit (Mines) Rules, 1963, etc. to provide for the procedural aspects. The Mines Act, 1952 has prescribed duties of the owner (defined as the proprietor, lessee or an agent) to manage mines and mining operation and the health and safety in mines. It also prescribes the number of working hours in mines, the minimum wage rates, and other related matters. Both penal and pecuniary punishments are prescribed for violation of obligation and duties under the Act.

The Dock Workers (Regulation of Employment) Act, 1948 seeks to regulate the conditions of employment of the dockworkers. Under the provisions of this Act, certain Schemes may be introduced for ensuring regular employment of workers. Such Schemes may provide for the registration or dockworkers and employers in order to ensure greater regularity of employment and for regulating the employment of dockworkers whether registered or not in a Port. Such Schemes may define the obligations of dock workers and employers and provide for regulating the recruitment and entry into the scheme of dock workers, and the registration of dock workers and employers; the employment of dock workers and the terms and conditions of such employment, including rates of remuneration, hours or work and conditions as to holidays and pay in respect thereof. Schemes may be initiated for securing that, in respect of periods during which employment, or full employment is not available for dockworkers to whom the scheme applies and who are available for work, such workers will, subject to the conditions of the scheme, receive a minimum pay.

The Workmens Compensation Act 1923 has been enacted with the objective of providing compensation to the injured workman in case of an employment injury and to his dependants, in case of his death. Under the provisions of this

Act, an employer shall be liable to pay compensation to a workman in case a personal injury is caused by an accident arising out of and in the course of his employment. An injured person or his dependants have to give a notice to the employer to pay compensation. Violation of certain provisions of the Act shall be punishable with fine, which may extend to five thousand rupees.

The Maternity Benefit Act, 1961 seeks to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits. This Act extends to the whole of India and applies to every factory, mine, plantations, establishments for the exhibition of equestrian, acrobatic and other performances. This Act is also applicable to every shop or establishments defined under any law applicable to such establishments in a state in which persons are employed on any day of the preceding twelve months. Under this Act, the prohibited period of employment for women includes the period of employment or work by women in any establishment during the six weeks immediately following the day of her delivery or her miscarriage. Other benefits under this Act includes the provisions of leave for miscarriage, leave for illness arising out of pregnancy or delivery, premature birth of child or miscarriage and nursing breaks for nursing the child until the child attained the age of 15 months. The Maternity Benefit Act provides for 12 weeks wages during maternity as well as paid leave in certain other related contingencies.

The Payment of Gratuity Act, 1972 has made provision for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. This Act applies to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve

months and such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months. The Act provides that Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years.

Employees Pension Scheme is a social insurance scheme for survivors, old aged and disabled persons in order to ensure long term financial sustenance. Employees Pension Scheme, 1995 offers three types of benefits. The Survivor Pension is offered in case of death of a member during service period. The Old Age Pension is offered on Superannuation of a member and the Permanent Disability Pension is offered in the event of any member suffering permanent disability while in service. To avail the Old age pension on account of superannuation or retirement the member must attain the age of 58 years. In case, a member opts to exit from employment before attaining the age of 58 years, under no circumstances pension will be payable before the age of 50 years. A member may be allowed to draw a monthly pension at a reduced rate if he opts to draw monthly pension from a date earlier than 58 years of age.

The Protection of Women from Domestic Violence Act, 2005 has been legislated with the aim to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. The Act provides that any act, omission or commission or conduct shall constitute domestic violence in case it (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful

demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned above; or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. An aggrieved person means any woman who has been in a domestic relationship with the accused person and who alleges to have been subjected to any act of domestic violence by any person.

The National Social Assistance Program 1995 has been initiated with an aim to extend financial assistance to old persons having little or no regular means of subsistence, to households living below the poverty line in case of death of the primary breadwinner and to pregnant women of households below the poverty line up to the first two live births. This Programme has come into effect from August 15, 1995. The National Social Assistance Programme is a collection of three Schemes, namely, National Old Age Pension Scheme, National Family Benefit Scheme and National Maternity Benefit Scheme (NMBS). The Programme has introduced a national policy for social security assistance to the poor families which is a significant step towards the fulfillment of the welfare provisions of the Directive Principles of the Constitution The National Social Assistance Programme is a Centrally Sponsored Programme which extend Central assistance to the States and Union Territories to provide the benefits under it in accordance with the norms, guidelines and conditions laid down by the Central Government.

The Provident Funds Act, 1925 aims to amend and consolidate the law relating to Government and other Provident Funds. The Act has special provisions for protection of Compulsory Deposits, repayment, rights of

Nominees. It also makes provisions for withholding or recovery of Government contributions in case of Central Government officers taking up, without prior permission, commercial employment within two years of their retirement.