Section 5 in The Unorganised Workers Social Security Act, 2008

Title: National Social Security Board

Description: (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 the 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; (iii) seven representing eminent persons from civil society; (iv) two representing members from Lok Sabha and one from Rajya Sabha; (v) five representing Central Government Ministries and Departments concerned; and (vi) five representing State Governments. (3) The Chairperson and other members of the Board shall be from amongst persons of eminence in the fields of labour 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 of filling vacancies among the members of, the National Board shall be such as may be prescribed: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the Minorities and Women. (5) The term 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 may be prescribed for attending the meetings of the National Board. (8) The National Board shall perform the following functions, namely:-- (a) recommend to the Central Government suitable schemes for different sections of unorganised workers; (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 social welfare schemes for unorganised workers as are administered by the Central Government; (d) review the progress of registration and issue of identity cards to the unorganised workers; (e) review the record keeping functions performed at the State level; (f) review the expenditure from the funds under various schemes; and (g) undertake such other functions as are assigned to it by the Central Government from time to time.

Title: State Social Security Board

Description: (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; (iii) two representing members of Legislative Assembly of the concerned State; (iv) five representing eminent persons from civil society; and (v) seven representing State Government Departments concerned. (3) The Chairperson and other members of the Board shall be from amongst persons of eminence in the fields of labour 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 of filling vacancies among the members of, the State Board shall be such as may be prescribed: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the Minorities and Women. (5) The term of the State Board shall be three years. (6) The State Board shall meet atleast once in a quarter 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 may be prescribed for attending the meetings of the State Board. (8) The State Board shall perform the following functions, namely:-- (a) recommend the State Government in formulating suitable schemes for different sections of the unorganised sector workers; (b) advise the State 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 registration and issue of cards to unorganised sector workers; (f) 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.

Title: Funding of State Government Schemes

Description: (1) 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.

Title: Record keeping by District Administration

Description: 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.

Title: Workers facilitation centres

Description: 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.

CHAPTER 3 NATIONAL SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS