Unorganised Workers Social Security Act, 2008
No: 33 Dated: Dec, 30 2008
Unorganised Workers Social Security Act, 2008
(Act No 33 of 2008)
An Act to provide for the social security and welfare of unorganised workers and for other matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:
1. Short title, extent and commencement.—(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 such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—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 unorganised workers constituted under sub-section (1) of section 5;
(e) “notification” means a notification published in the Official Gazette;
(f) “organised sector'' means an enterprise which is not an unorganised sector;
(g) “prescribed” means prescribed by rules made under this Act by the Central Government or the State Government, as the case may be;
(h) “registered worker” means an unorganised worker registered under sub-section (3) of section 10;
(i) “Schedule” means the Schedule annexed to the Act;
(j) “State Board” means the (name of the State) State Social Security Board for unorganised workers constituted under sub-section (1) 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 a monthly earning of an 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 Government;
(l) “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 such workers is less than ten;
(m) “unorganised worker” means a home-based worker, self-employed worker or a wage 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 II to this Act; and
(n) “wage worker” means a person employed for remuneration in the unorganised sector, directly by an employer or through any 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 home-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 and State Government, as the case may be.
CHAPTER II
SOCIAL SECURITY BENEFITS
3. Framing of scheme.—(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 unorganised workers, including schemes relating to—
(a) provident fund;
(b) employment injury benefit;
(c) housing;
(d) educational schemes for children;
(e) skill upgradation of workers;
(f) funeral assistance; and
(g) old age homes.