UNORGANISED WORKERS SOCIAL SECURITY ACT 2008
(1) This Act may be called the Unorganised Workers' Social Security Act, 2008.
(2) It extends to the whole of India.
(3) It shall come into force on 1[16th May, 2009] as the Central Government may, by notification in the Official Gazette, appoint.
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1. Effective date of Implementation Unorganised Workers' Social Security Act, 2008 on 16th may, 2009 vide Notification No. SO1220(E) Dated 14.05.2009.
In this Act, unless the context otherwise requires,--
(a) "employer" means a person or an association of persons, who has engaged or employed an unorganised worker either directly or otherwise for remuneration;
(b) "home-based worker" means a person engaged in the production of goods or services for an employer in his or her home or other premises of his or her choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs;
(c) "identity card" means a card, document or certificate issued to an unorganised worker by the District Administration under sub-section (3) of section 10;
(d) "National Board" means the National Social Security Board for unorganis
(1) The Central Government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to--
(a) life and disability cover;
(b) health and maternity benefits;
(c) old age protection; and
(d) any other benefit as may be determined by the Central Government.
(2) The schemes included in the Schedule 1 to this Act shall be deemed to be the welfare schemes under sub-section (1).
(3) The Central Government may, by notification, amend the Schedules annexed to this Act.
(4) The State Government may formulate and notify, from time to time, suitable welfare schemes for uno
(1) Any scheme notified by the Central Government may be--
(i) wholly funded by the Central Government; or
(ii) partly funded by the Central Government and partly funded by the State Government; or
(iii) partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be prescribed in the scheme by the Central Government.
(2) Every scheme notified by the Central Government shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to,--
(i) scope of the scheme;
(ii) bene
(1) The Central Government shall, by notification, constitute a National Board to be known as the National Social Security Board to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The National Board shall consist of die following members, namely: --
(a) Union Minister for Labour and Employment--Chairperson, ex officio;
(b) the Director General (Labour Welfare)--Member-Secretary, ex officio; and
(c) thirty-four members to be nominated by the Central Government, out of whom--
(i) seven representing unorganised sector workers;
(ii) seven representing employers of unorganised sector;
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(1) Every State Government shall, by notification, constitute a State Board to be known as (name of the State) State Social Security Board to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The State Board shall consist of the following members, namely: --
(a) Minister of Labour and Employment of the concerned State--Chairperson, ex officio;
(b) the Principal Secretary or Secretary (Labour)--Member-Secretary, ex officio; and
(c) twenty-eight members to be nominated by the State Government, out of whom--
(i) seven representing the unorganised workers;
(ii) seven representing employers of unorganised workers;
(7) Any scheme notified by the State Government may be--
(i) wholly funded by the State Government; or
(ii) partly funded by the State Government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be prescribed in the scheme by the State Government.
(2) The State Government may seek financial assistance from the Central Government for the schemes formulated by it.
(3) The Central Government may provide such financial assistance to the State Governments for the purpose of schemes for such period and on such terms and conditions as it may deem fit.
The record keeping functions for the purpose of this Act shall be performed by the District Administration:
Provided that the State Government may direct that the record keeping function shall be performed by--
(a) the District Panchayat in rural areas; and
(b) the Urban Local Bodies in urban areas.
The State Government may set up such Workers' facilitation centres as may be considered necessary from time to time to perform the following functions, namely:--
(a) disseminate information on available social security schemes for the unorganised workers;
(b) facilitate the filling, processing and forwarding of application forms for registration of unorganised workers;
(c) assist unorganised worker to obtain registration from the District Administration;
(d) facilitate the enrollment of the registered unorganised workers in social security schemes.
(1) Every unorganised worker shall be eligible for registration subject to the fulfilment of the following conditions, namely:--
(a) he or she shall have completed fourteen years of age; and
(b) a self-declaration by him or her confirming that he or she is an unorganised worker.
(2) Every eligible unorganised worker shall make an application in the prescribed form to the District Administration for registration.
(3) Every unorganised worker shall be registered and issued an identity card by the District Administration which shall be a smart card carrying a unique identification number and shall be portable.
(4) If a scheme requires a registered unorganised worker to make a contribution, he or she shall be
The Central Government may give directions to--
(i) the National Board; or
(ii) the Government of a State or the State Board of that State, in respect of matters relating to the implementation of the provisions of this Act.
No proceedings of the National Board or any State Board shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the National Board or, as the case may be, the State Board.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the contributions to be collected from the beneficiaries of the scheme or the employers under sub-section (1) of section 4;
(b) the number of persons to be nominated, the term of office and other conditions of service of members, the procedure to be followed in the discharge of functions by, and the manner of filling vacancies of, the National Board under subsection (4) of section 5;
(c) the rules of procedure relating to the transaction of the business at the meeting of the National Board un
(1) The State Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the number of persons to be nominated, the term of office and other conditions of service of members, the procedure to be followed in the discharge of functions by, and the manner of filling vacancies of, the State Board under subsection (4) of section 6;
(b) the rules of procedure relating to the transaction of business at the meetings of the State Board under sub-section (6) of section 6;
(c) the allowances for attending the meetings of the State Board under subsection (7) of section 6;
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(1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this Act by State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
Nothing contained in this Act shall affect the operation of any corresponding law in a State providing welfare schemes which are more beneficial to the unorganised workers than those provided for them by or under this Act.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:
Provided that no such order shall be mule under this section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
SCHEDULE I
[See sections 2(0 and (5)]
Social Security Schemes for the Unorganised Workers
S. No. Name of the Scheme
1. Indira Gandhi National Old Age Pension Scheme.
2. National Family Benefit Scheme.
3. Janani Suraksha Yojana.
4. Handloom Weavers' Comprehensive Welfare Scheme.
5. Handicraft Artisans' Comprehensive Welfare Scheme.
6. Pension to Master craft persons.
7. National Scheme for Welfare of Fishermen and Training and Extension.
8.
SCHEDULE II
[See section 2(m)]
S. No. Name of the Act
1. The Workmen's Compensation Act, 1923 (8 of 1923).
2. The Industrial Disputes Act, 1947 (14 of 1947).
3. The Employees' State Insurance Act, 1948 (34 of 1948).
4. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).
5. The Maternity Benefit Act, 1961 (53 of 1961).
6. The Payment of Gratuity Act, 1972 (39 of 1972).
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