Section 41: General provisions as to benefits
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 41 — Governs general provisions as to benefits and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter.
The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter.
- (2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.
- (3) A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) — (a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this Chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof;
- (b) shall not while under treatment do anything which might retard or prejudice his chances of recovery;
- (c) shall not leave the area in which medical treatment provided by this Chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and (d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the Corporation in this behalf.
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- (2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.
- (6) If a person dies during any period for which he is entitled to a cash benefit under this Chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal…
Actors expressly appearing in the text
Employer, Employee / worker, Authority / officer, Corporation / EPFO / Board
Full statutory text — Section 41
41. General provisions as to benefits.—(1) Save as may be provided in the regulations, no person
shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter.
(2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or
disablement benefit for temporary disablement on any day on which he works or remains on leave or on a
holiday in respect of which he receives wages or on any day on which he remains on strike.
(3) A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on
permanent disablement) —
(a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution
provided under this Chapter, and shall carry out the instructions given by the medical officer or medical
attendant in-charge thereof;
(b) shall not while under treatment do anything which might retard or prejudice his chances of
recovery;
(c) shall not leave the area in which medical treatment provided by this Chapter is being given,
without the permission of the medical officer, medical attendant or such other authority as may be
specified in this behalf by the regulations; and
(d) shall allow himself to be examined by any duly appointed medical officer or other person
authorised by the Corporation in this behalf.
(4) An Insured Person shall not be entitled to receive for the same period—
(a) both sickness benefit and maternity benefit; or
(b) both sickness benefit and disablement benefit for temporary disablement; or
(c) both maternity benefit and disablement benefit for temporary disablement.
(5) Where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be
entitled to choose which benefit he shall receive.
(6) If a person dies during any period for which he is entitled to a cash benefit under this Chapter, the
amount of such benefit up to and including the day of his death shall be paid to any person nominated by
the deceased person in writing in such form as may be specified in the regulations or, if there is no such
nomination, to the heir or legal representative of the deceased person.
(7) (a) Any person eligible for availing *dependants’ benefitor or disablement benefit under this Chapter
shall not be entitled to claim Employees’ Compensation from his employer under Chapter VII.
(b) Any women employee eligible for availing maternity benefit under this Chapter shall not be entitled
to claim maternity benefit from her employer under Chapter VI.
(8) Where any person has received any benefit or payment under this Chapter when he is not lawfully
entitled thereto, he shall be liable to repay to the Corporation the value of the benefit or the amount of such
payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of
the deceased devolved on him.
(9) The value of any benefits received other than cash payments shall be determined by such authority
as may be specified in the regulations made in this behalf and the decision of such authority shall be final.
* By Corrigenda dated 29-9-2020.
(10) The amount recoverable under this section may be recovered in the manner specified under
sections 129 to 132.How to apply this provision
- Primary statutory test — (1) Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter.
- Additional operative limb — (2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.
- Numerical or timing control — (2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.
- Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Authority / officer, Corporation / EPFO / Board.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
For a worker/member seeking a benefit connected with general provisions as to benefits, the file should show coverage, service/contribution facts, the rule/scheme and prescribed form, and the calculation/payment. One statutory point to test is: “(2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remain”
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 41
What does Section 41 of the Social Security Code cover?
Section 41 — Governs general provisions as to benefits and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter.
What is the main legal requirement or power in Section 41?
The first operative clause identified from the official text is: “(1) Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter.” Read it with the remaining subsections and any proviso below.
Does Section 41 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 41?
The provision contains this numerical/time expression: “(2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 41?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 41 currently operative?
The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.
Source & verification trail
Act: Code on Social Security, 2020 — official India Code PDF ↗
Central Rules: Social Security (Central) Rules, 2026 — G.S.R. 344(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.