The Unoraganised Workers Social Security Act, 2008

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'ith~ ~«~ette fl( ~kl 
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No. 421 
amNroll 
EXTRAORDJNARY 
llll'l 0-~ l 
PARI' 11- Section 1 
Jtfim{lf~ 
PUBLISHED BY AUTIIORITY 
';ff~.~~ 31, 2008~ 10, 1930 
NEW DELHI, WEDNESDAY, DECEMBER 31, 2008 / PA USA 10, I 930 
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Separate paglllc Is &lff11 to lhlt 'hrt l11 ordfr tlurt it may be filtd u a up.ante eompilntlon. 
MINISTRY OF LAW AND JU.STICE 
(Legislative Department) 
New Delhi. the 3.lst Decembet, 2008/Pausa 10, 1930 {Saka) 
The following Act of Parliament received the assent of the President on the 
30th December, 2008 and is hereby published for general information:-
11lE UNORGANISED WORKERS' SOCIAL SECURITY 
ACT,2008 
No. 33 OF 2008 
[30th December, 2001.} 
An Act to provide for the social security and welfare of uno.rganised wakers and 
for other matters CO!lllected therewith or incidental thereto. 
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as 
follows:-
CHAPTERI 
PRa!MOOJlY 
l. (/) This Act may be called the Unorganised Workers' Social Security Shon utk , 
Act, 2008. wcnl and 
(2) It extends to the whole oflndia. 
(J) It shall com.i int.o force onsacbdateas1he Central Government may, by notification 
in the Official Ga:tt~. appoint. 
frnnfng of 
sc.homc. 
2 THE GAZETTE OF INDIA EXTRAORDINARY 
2. In this Act. unless the context otherwise rcquires,-
(a) "employer" means a person or an association of persons, wbo has engaged 
or employed an unorganised worker either directly or otherwise for remuneration; 
(b) "homc,.based worker" means a person engaged in the production of goods 
or services for an employer in his or her home or other premises ofhls or her choice 
other than the workplace of the employer, for remuneration, irrespective of whether or 
not the employer provides the ~uipment, materials or other inputs; 
(c) "identity card" nieansacard, docu.me,1tor certificate issued toan unorganised 
worker by the District Administration under sub-section (J) of section IO; 
(d) "National Board" means the National Social Security Board for unorganised 
workers constituted under sub-section (/) of section 5; 
(e) "notification" means a notification published in the Official Ga:.ette; 
(/) "organised sector" means an enterprise which is not an unotganised sector. 
(g) "prescribed" means prescribed by rules made under Ibis Act by the Central 
Government or the Smte Government, as the case may be; 
(h) "registered worker" means an unorganised worker registered under sub­
section (3) of section 1 0; 
(1) "Schedule" means the Schedule annexed to the Act; 
(/) "State Board" means the (name of the State) State Social Security Board for 
unorganised workers constituted under sub-section ( /) of section 6; 
(k) "self-employed worker" means any person who is not employed by an 
employer, but engages himself or herself in any occupation in the unorganised sector 
subject to amonlhlyeaming of on amount as may be notified by the Central Government 
or the State Government from time to time or holds cultivable land subject to such 
ceiling as may be notified by the State ~vemmcnt; 
(/) "unorganised sector" means an enterprise owned by individuals or self• 
employed workers and engaged in the production or sale of goods or providing 
service of any kind whatsoever, and where the enterprise employs workers, the number 
of si,ch worlcers is less than ten; 
(m) "unorganised worker" means a borne-based worker, self-employed worker or 
a ~e worker in the unorganised sector and includes a worker in the organised sector 
who is not covered by any of the Acts mentioned in Schedule 11 to this Act; and 
(n) "wage worker" means a person employed for remuneration in the 
unorganised sector, directly by an employer or through eny contractor, irrespective 
of place of work, whether exclusively for one employer or for one or more employers, 
whether in cash or in kind, whether as a hoim-based worker, or as a temporary or 
casual worker, or as a migrant worker, or workers employed by households including 
domestic workers, with a monthly wage of an amount as may be notified by the 
Central Government at1d State Government, as the Cl!Se may be. 
CHAPTERII 
SoclAL SECUIUTY BENE.Fm 
3.(/) The Central Govemrnent shall furmulate and notify, from time to time, suitable 
welfare schemes for unorganiscd workers on matters relating to-
(a) life end disability cover, 
(b) health and maternity benefits; 
;· ; 
S£c. l) 11-IE GAZETTE OP INDIA EXTRAORDINARY 3 
(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 Aa shall be deemed to be the 
welfare schemes under sub-section (I). 
(J) The Central Government may, by notification, amend the Schedules annexed to 
this Act. 
( 4) The Stale Government may fonnulnte and notify, from time to time. suitable welfare 
schemes for unorganiscd workers, including schemes relating to-
(a) provident fund: 
(b) employment injury benefit; 
(c) housing; 
(d) educational schemes for children; 
(e) skill upgtlldation ofworters; 
(/} funeral assistance; and 
(g) old age homes. 
4. ( /) Any scheme notified by the Central Government may bo- Fundmg or 
C~a,1111 
(i) wholly funded by the Central Government; or Government 
Schein<s (Ii) pattly funded by the Central Government and partly funded by the Sta11e 
Government; or 
(iii) partly funded by the Central Government, partly funded by the State 
Government and panly funded through contn"butions 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 arc necessary for the efficient implementation of the schemer including the matters 
rebting to,-
(,) scope of the scheme; 
(II) benef"K:iaries of the scheme; 
(iii} resources of the scheme; 
{iv) agency or agencies that will implement the scheme; 
(v) redressal of grievances; and 
(vi) any other relevant matter. 
CHAPTERDl 
NATIONAL SoctA!. SECI/Rrrv 80Altll fOR UNORGANISEO WORKERS 
S. (/) The c.entral Government shall, by notification, constitute a National Board to National 
be known as the National Social Security Board to exercise the powers conferred on, and to Social Setnrny 
perfOim the functions assigned to, it under this Act. Boa,d. 
(2) The National Board shall consist of the following members, namely:-
(a) Union Minister for Labour and Employment-Chairperson, u officio; 
(b)1heDircctorGenen1l(LabourWclfare}-Membcr-Secetary,aofflcio;and 
Sutc Socio! 
s«urity 
noard 
4 THE GAZETTE Of JNDIA EXTRAORDINARY (PARTll-
(c) thirty-four members to be nominated by the Cenlral Government, out ofwhom­
(i) seven representing unorganised sector workers; 
and 
(ii) seven representing employers of unorganised sector; 
(iii) seven representing eminent persons from civil society; 
(ii') two representing members from Lok Sabha and one from Rajya Sabha; 
( v) five representing ~tnil Government Minis1ries and Departments concerned: 
(v,) five representing State Governments. 
(3) The Chairpm,on and other members of the Board shall be from amongst persons 
of eminence in the fields oflahour welfare, management, finance, law and administration. 
(4) The number of persons to be nominated as members from each of the categories 
specified in clause (c) of sub-section (2), the term of office and other conditions of service 
of members, the procedure to be followed in the discharge of their functions by, and the· 
manner offilling vacancies among the members of, the National Board shall be such as may 
be prescribed: 
Provided that adequate represenlation shall be given to persons belonging to the 
Scheduled Castes, the Scheduled Tribes, the Minorities and Women. 
(5) The tenn of the National Board shall be three years. 
(6) The National Board shall meet at least thrice a year, at such time and place and 
shall observe such rules of procedure relating to the transaction of business at its meetings, 
as may be prescribed. 
(7) The members may receive such allowances as IDllY be prescribed for attending the 
meetings of the National Board. 
(8) The National Board shall perform the following functions, namely:-
(a) recommend to lhe Central Government suitable schemes for different sections 
of unorganised woricers; 
(b) advise the Central Government on such matters arising out of the 
administration of this Act as may be referred to it; 
(c) monitor such soc,ial welfare schemes for un6rganiscd woricers as are 
-administered by the Central Government; 
(d) review the progress of registration and issue of identity cards to the 
unorganiscd workers; 
(e) review the record keeping functions performed at the State level; 
(j) review the expenditure from the funds under various schemes; and 
(g) undertake such other functions as arc assigned to it by the Central 
Government from time to time. 
CHAPJERIV 
STATE SOCIA!. Sl:.CUt!TY BoARD fOlt UNORGANISED WORKERS 
6. (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 fun.ctions assigned to it, under this Act 
(2) The State Board shall consist of the following members, namely: -
(a} M inistcr of Labour and Employment of the concerned State-Chairperson, 
er officio; 
(b) the Principal Secretary or Secretary (Labour)-Member-Secretary , 
ex officio; and 
Sa::. l} TIIE GAZETI'E OF INDJA EXTRAORDINARY s 
(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 unorgani&ed workers; 
{iii) two representing members of Legislative Assembly of the concerned 
State; 
(iv) five representing eminent peTSQns from civil society; and 
( 11) seven representing State Government Departments concerned. 
(J) The Chairperson !llld other members oftbe Board shall be from amongst persons 
of eminence in the fields of labour v.,effare, manageiru:nt, finance, law and administration. 
(4) The number of persons to be nominated as members from each ofthe~cgoties 
specified in clause (c) of sub-section (2), the term of office and other conditions of service 
of members, the procedure to be followed in the discharge of their functions by, llnd the 
manner of filling vacancies among the members of, the State Board shall be such u ·may be 
prescribed: · 
Provided that adequate representation shall be given to persons belonging to the 
Sclleduled Castes, the Scheduled Tribes, the Minorities and Women. 
(S) The term of the State Board shall be three years. 
( 6) The State Board shall meet atlcast once in a. quarter at such time and place and 
shall observe such rules of procedure relating to the transaction ofbusiness at its meetings, 
as may be prescribed. 
(7} The members may receive such allowance; as may be prescribed for attending the 
meetings of the Sta.te Board. 
( 8) The State Board shall perform the following functions, namely:-
(a) recommend the State Goverrumnt in formulating suitable schemes for 
different sections of the unorg:anised sector worlcers; · 
(b) advise the Slate Government on such matters arising out of the administration 
of this Act as may be referred to it; · 
· (c) monitor such social• welfare schemes for unorganised workers as are 
administered by the State Government; 
{d) review the record keeping functions performed at the District level; 
( e) review the progress of regisuation and issue of cards to on organised sector 
workers; 
(/) review the expenditure from the funds under-various schemes; and 
(g) undertake such other functions as are assigned to it by the State Government 
from time to time. 
7. (/) Any sclleme notified by the State Government may be­
(1) wbolty funded by the State Government; or 
(i,) partly funded by the State Government. partly funded through conuibutions 
collected from thebe.neficiaries of the scheme or the employers as may be prescribed 
in the scheme by the State Government. 
(2) The State Government may seek financiaJ assistance from the Central Government 
for the schemes formulated by il 
(J) 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. 
Fundmg of 
State 
Gove1nmeo1 
Scheme,. 
!4 . 1 
Record 
keeping b; 
Distri« 
Administr'a• 
tion . 
Workers 
facilillltion 
<:entres . 
f:!ig1l>ili1y for 
regjsttation 
am! sociut 
seiurn)' 
benefits. 
Power of 
~ntrn1 
Ooumment 
to gi\'C 
direction, . 
V:acurn:ies, 
etc., not to 
invalidate 
proceedings. 
Power tu 
muke Tlllei by 
CCfl1ral 
Ooverrunent. 
6 
s. The record keeping functioM for the purpose of this Act shall be performed by the 
District Administration: 
Provided that the State-Oovemment may direct that the record keeping function shall 
be performed by-
{a} the District Panchayat in rural areas: and 
(b) the Urban ~al Bodies in urban areas. 
9. Tb.e Stare Govermnent may set up $!.Ith Workers' f.tcilitation centr¢s as may be 
considered necessary from time to time to perform the following ft.mctions, namely:-
(a) disseminate jnfo:rmation on available social security schemes for the 
unorganised worke.t$; 
(b) facilitate the filling.. processing and forwarding of application forms for 
registration of unorgnnised workers; 
(c) assist unorganised worker tp. obtain registration from the District 
Administration; 
(d) facilitate the enrollment of the registered unorganw:d workers in social 
security schemes. 
CHAPTERV 
RilOISTRA.TIQN 
to. (/) Every unorganis.ed worker shall be eligible for registration subject to the 
futfi1ment of the following conditions, na.mely:-
(a) he or she shalt have completed fourteen years ohge; and 
(b) a self..decJaration 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 Administraiion for registration. 
(J) Every unorganised worker shall be regfatered and issued an identity card by the 
District Administration which shall be a smart card carrying a unique identification number 
and shall bt: portable. 
{ 4) If a scheme requires a registered unorganised worker to make a contribution, he or 
she shall be eligible for social security benefits under the scheme only upon payment of 
such contribution. 
(5) Where a scherne-teqllires the Centtal or Stafe.Oovffl'llllent to make a contribution. 
the Central or State Government. as me case may be, shall make the contribution regularly 
in terms of the scheme. 
CHAPTER VI 
MISCEU.ANilOt.!$ 
11. The Central Government may give directions to­
(i) the National Board; or 
(ii) the Government of a State Qr the Sta~ Board of that State, 
in respect of matters relating to the implementation of the provisions of this Act. 
12. 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 constituti:on of the National 
Board or, as 1he case may be, the State Board. 
13. (!) The CenttaJ Gove?nment may, by notification, make rules to carry out the 
provisions of this Act. 
(2) In particular, and without p~judice: t-o the g~eraUty of tbe foregoing power, such 
rules may provide for all or any of the following matters, namely:-
{«) the contributions to be collected irom the beneficiaries of the scheme or the 
employers under sub-section (J} of section 4; 
SEC. l] nm GAZETIE OP INDIA EXTRAORDlNARY 7 
(b) the number of persons to be nominated, the term of office and other 
oonditior.s of servi~ of members, the procedure to be followed in the discharge of 
functions by, and the manner of filling vacancies of. the National Board under sub-­
section {4) of section 5; 
(c} the rules of procedure relating to the transaction of the business at the 
meeting of the National Board under sub,.section (6) ofse<:tion S; 
{d). the allowances for attending the meetings of the National Board under sub­
section (7) of section 5; 
(e) the form for making an application for registration under sub-section (2} of 
section 1 O; and . . 
(/J any other matter which is wtuired to be, or may be. prescribed. 
14. (J} Th.e State Government may, by notification, make rules to carry out the Power to 
provisions of this Act. make rules by 
State 
(2) fn particular, and without prejudice to the generality of the foregoing power, such Go11en1menl. 
rules may provide for all or ~my of the following matters, namety:-
(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 fining vacancies of, the St.ate Board undt-1' .sub­
section (4) of section 6; 
{b) the rules of procedure reJat.ingto the transaction ofbusiness at the meetings 
of the State Bo.ard under sub-section { 6) of section 6; 
(c) the allowances for attending the meeting.s of the State Board under sub­
section (7) of section 6; 
(d) the contributions to be-collected from the beneficiaries of the scheme or the 
employers under sub-section ( /) of sectio.n 7; 
(e) the form in which the application for registration shall be made· under sub-­
section (2) of section IO; and 
(/) any other matter which is required to be. or may ~e, prescribed. 
15. (1) Every rule made by the Central Government under this Act shaH be laid, as 
,$000 as may be after it is ma~. before each Hause of Patlipnt, white it is in session, ~r 
a total period of thirty days wruch may be comprised in one session or in two or more 
successive sessions, and if, before the expiry of the session immediately fol.lowing the 
session or d1e successive sessions aforesaid. both Houses agree in making aey modifkation 
in the rule or both Houses agr~ that the rule should noi be m~ the rule shalt thereafter 
have effect only in such modified form or be ofuo eiwct, as the case may be; so, however. 
that any such modification or annulment shall be without prejudice to the validity of any.thing 
previously done under that rule. 
(1) Every role made under this Act by Sta~ Government shall be laid, as soon as may 
be after it is notified, before the State Legislatnre. 
16. Nothing contained in this Act shaH aft'eet the operation of any corresl)Qndmg 
law in a State providing welfare schemes which are more beneficial to the unorganised 
workers than those provided fur them by or under this Act. 
17. {J) If any difficulty adses in giving effect to the provisions of this kt. the 
Central Government may; hyord.er published in the Official Oazette, make such provisions. 
not inconsistent with the provisions of this Act. as may appear to it to be necessary for 
removing the difficulty: 
Provided that no such order shall be made under this section after the expiry of a 
period of two years from the commencement of this Act. 
(2) Every order made under this section shall be laid, as soon as may be after it is 
made, before each House of Parliament 
Laying or 
ruk:s. 
Saving of 
certam laws. 
Power to 
!llmove 
difficultill$ . 
8 
SCHEDULEl 
[See sections 2(1) and {3}) 
SooM. Ssr:urutv SCHl.lMES FOR ms UNO!lGANtSED Wo.u:ERS 
S. No. Name oftbe Stheme 
1. lndira Gandhi National OJdAge Pension Scheme. 
2. National Family Benefit Scheme. 
3. JananlSurakshaYojana. 
4. Handloom We.;vers' Comprehensive Welfare Scheme.. 
5. HandicndtArtisans' Comprehensive Welfare Seheme. 
6. Pension ro Master craft persons. 
7. National Scheme for Welfare ofFishermen and Training and Extension. 
8. Jaru;htee Bima Yojana. 
9. Arun:AdmiBimaYojana. 
m. Rashtriya Swasthya Bima Yojana. 
S.No. Na.meoftheAd 
SCHEPULEll 
{See section 2(m)l 
L The Workmen's Compensation Act. l 92) (8 ofl92l). 
2 The Industria!DisputesAet, 1947 {l4ofl947). 
l. The Employees' State Insuram:eAct, 1948 (34 oft 948). 
4. The Employ~• Provident FW'lds and Misi;eflanoous Provisions Act. l 9 i2 
(l9ofl952). · 
S. Th~MaternityBenefitAct, 1961 ($3ofl96l). 
6. The Payment of Gratuity Act, 1912 (39 of 1972). 
T.K. VISWANATHAN, 
Secy. to the Govt. ef India. 
f'R!NTEO llY THE GEN.EAALMAN'AOER, OOVT. OF !NOIA Pl:l:55& M!l'>1U liOAD, NEW tJELlll 
A,>./l) PIJ'SLlfill!iD DY TifE CONTROLUJt Of !'Ul3UCA110N!l. 0£1.tt'l-:!009. 
i 

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