History of Social Security Laws

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History of social security in India

Pre-constitutional era
In the early historical times, people were living in a more secured or protected environment
The system of the joint family, the guilds, the caste, and community panchayats and
religious institutions have been providing protection to individuals from the evil
consequences of various contingencies.
The development of modern state totally changed the social set up in India and the state
assumed the role of protector of people from evils.

Apprentice act, 1850


An act to provide for the regulation and control of training of apprentices and for matters
connected there with.
It was passed in 1850 as first juvenile legislation to deal with children in India. As per the
provisions of this act, children between ten to eighteen years of age found indulging in
crime were placed in apprenticeship in trade.
After we gained independence, in 1960 a new act focussing on children was passed. This
was the Children Act, 1960 to “provide for the care, protection, maintenance, welfare,
training, education and rehabilitation of neglected or delinquent children and for the trial of
delinquent children in the Union Territories.”
This act has been repealed by the Apprentices act, 1961 (w.e.f 1 st march 1962).

Fatal accidents act, 1855


It was enacted for providing compensation to legal heirs of these employees where death
occurred by an actionable wrong.
Minimum rate of compensation, to some selected legal heirs and a restricted application
were the main drawback this Act.

Indian merchant shipping act, 1859


This act was envisaged for regulating employment of seamen and to provide for their better
health.
This act has been revoked by merchant shipping act, 1958
Workmen’s breach of contract act,1859
This Act was provided for criminal penalties for workers for breach of contract of service.

Employers and workmen(disputes) act, 1860


It provided for speedy and summary settlement of disputes between employers and
workmen.
This act has been replaced by Industrial dispute act, 1947.

Indian factories act, 1881


By 1881, factory system clearly emerged in India, but workers did not organize themselves
simultaneously with the industrialization.
Safety and working conditions of these workers were prime concerns for many members of
the House of Lords (The upper house of the parliament of Britain) and they argued for a
legislation.
This act has been replaced by the factories act, 1948.

Island emigration act, 1892


In order to improve the conditions of plantations labours.

Indian mines act, 1901


To secure safe and healthy conditions of work in mines.
This act has been repealed by The mines act, 1952.

Workmen compensation act, 1923


Under the Montague-Chelmsford Reforms in 1919, the central legislature was given definite
legislative authority to enact industrial laws.Using that power, in 1923, India passed a major
enactment called Workmen’s Compensation Act, 1923.
Its objective was to eliminate hardship caused to workmen injured, through providing
prompt payment of benefits regardless of fault from their side and with minimum legal
formalities
This act is now known as Employee’s compensation act, 1923.
Provident fund act, 1925
To amend and consolidate the law relating to Government and other Provident Funds.
This act has been replaced by The employee’s provident funds and Miscellaneous provisions
act, 1952.

The Government of India act, 1935


It was the last constitution of British India.
 It lasted until 1947, when British India was split into Pakistan and India.
This Act laid down the subjects on which Federal Legislature could pass industrial laws.

Standing labour committee


In 1943, a committee called the ‘Standing Labour Committee’ was appointed by
Government of India.
The committee was constituted for the purpose of formulating a scheme for health
insurance for individual workers.

Major events in 1947


In 1947, India became independent and an interim government was formed and it
formulated a five year programme for the welfare of the labour class. The significant
features of the programme were:
(i) Organization of the health insurance scheme;
(ii) Revision of the Workmen’s Compensation Act;
(iii) Central law for maternity benefit; and
(iv) Extension to other classes of workers the right within specific limits to leave with
allowances during sickness

Industrial dispute act, 1947


It introduced an adjudicating system where an industrial worker can raise an industrial
dispute
Employee’s state insurance act, 1948
It introduced a scheme of compulsory health insurance and benefits in the event of sickness,
maternity and employment injury to workmen

Mica Mines Labour Welfare Fund Act, 1946 & Coal Mines Provident Fund and
Bonus Scheme Act, 1948
These provided for levy of a cess on the output of the industry to finance housing and such
other projects like nutrition, provision for water supply, educational and recreational
facilities etc. of workmen employed in that sector.

Employees Provident Fund Act, 1952


The Act provided for old age, invalidity and survivorship benefits to the workforce in the
organized sector.
The Act now covers factories and establishments employing 20 or more employees in
scheduled industries and other establishments notified by Central Government.

Maternity Benefit Act 1961


The amendments to Maternity Benefit Act, 1961 are as follows:
• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12
weeks for more than two children.
• 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.
• Facilitate “Work from home”
• Mandatory provision of Creche in respect of establishment having 50 or more employees.

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