Section 94: Delegation of Powers

Overview

Section 94 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 procedural provision that applies across all schemes established under the Code. It focuses on streamlining the administration of these benefits by allowing the government to delegate its powers to lower authorities.

Who is Covered?

• This section doesn’t cover classes of employees or establishments directly. Its impact is felt by the authorities administering the various social security schemes covered by the Code.
• There are no eligibility conditions related to employees or establishments under this specific section.

Benefits and Contributions

Section 94 itself doesn’t create or modify any benefits or contribution requirements. It simply facilitates the efficient delivery of benefits that are already established under the various schemes within the Code. The benefits and contributions remain governed by the specific provisions relating to each scheme (e.g., EPF, ESI).

Procedure and Compliance

The Code on Social Security aims to consolidate and simplify various labour laws. Section 94 contributes to this simplification by allowing the government to delegate powers related to:

• Registrations: Authorising lower-level officers to approve registrations of establishments and employees under different schemes.
• Inspections: Empowering designated officials to conduct inspections to ensure compliance with the Code’s provisions.
• Assessments: Delegating the authority to assess contributions and penalties.
• Benefit Delivery: Allowing officers to process and approve claims for benefits, ensuring timely disbursement to eligible individuals.

This delegation ensures that these processes aren’t solely dependent on senior authorities, reducing delays and improving efficiency. Compliance remains the responsibility of employers and employees as per the specific scheme rules.

Practical Examples

• Example 1: The central government delegates the power to approve Provident Fund registrations to Regional Provident Fund Commissioners. This allows for quicker processing of registrations without requiring every application to be forwarded to Delhi for approval.
• Example 2: A state government authorises Assistant Labour Officers to conduct inspections of establishments to verify compliance with the Maternity Benefit Act provisions. This ensures more frequent and effective enforcement of the law.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and Section 94 specifically. It should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.