In exercise of the powers conferred under
sub-section (1) of Section 14 of the Unorganised Worker's Social Security Act,
2008 (Act No. XXXIII of 2008), the Governor is pleased to make the following
rules (1)
These
rules may be called the Uttar Pradesh Unorganised Worker's Social Security
Rules, 2016. (2)
They
shall extend to the whole of Uttar Pradesh. (3)
They
shall come into force from the date of their publication in the Gazette. (1)
In
these rules, unless the context otherwise requires (a)
"Act"
means the Unorganised Worker's Social Security Act, 2008 (Act No. XXXIII of
2008); (b)
"Board"
means the Uttar Pradesh State Social Security Board constituted under Section
6; (c)
"Chairperson"
means the Chairperson of the Board; (d)
"Fund"
means "the Uttar Pradesh Unorganised Worker's Welfare Fund"
constituted in respect of consolidated fund received from sources provided
under Section 7 of the Act; (e)
"Member"
means the member of the Board; (f)
"Member
Secretary" means the Principal Secretary of the Secretary of Uttar Pradesh
in Labour Department; (g)
"Section"
means a section of the Act. (2)
Words
and expressions used and not defined in these rules but defined in the Act
shall have the meanings respectively assigned to them in the Act. (I)
28
Members of whom (a)
Seven
members representing unorganised workers, to be nominated from a panel of 14
given by approved federation of trade unions or any recognized umbrella trade
union of unorganised workers. (b)
Seven
members representing employers of unorganised labour; (i)
Four
to be nominated by industry associations; (ii)
Two
from vyaparmandal to be nominated by State level organizations; (iii)
One
from registered contractors. (c)
two
members of the State Legislative Assembly. (d)
five
members representing eminent persons from civil society which will include the
following: (i)
One
person from the field of law to be nominated from a list given by
Vice-Chancellors of recognized universities having law faculty. (ii)
One
person from the eminent economist/sociologist with a proven record of working
with unorganised labour, especially published works on the subject. (iii)
Two
persons from among Non-Government organisations with a proven track record of
working with unorganised labour, of whom at least one should be in the field of
women labour. (iv)
One
person from the field of finance with experience in such field. Provided that adequate representation shall
be given to persons belonging to the Scheduled Castes, the Scheduled Tribes,
the Minorities and Women. (II)
Ex-officio
members: (i)
the
Labour Commissioner or his/her nominee; (ii)
the
Principal Secretary/Secretary Rural Development or his/her nominee (not below
the rank of Joint Secretary); (iii)
the
Principal Secretary/Secretary Social Welfare or his/her nominee (not below the
rank of Joint Secretary); (iv)
the
Principal Secretary/Secretary Medical and Health or his/her nominee (not below
the rank of Joint Secretary); (v)
the
Principal Secretary/Secretary Urban Development or his/her nominee (not below
the rank of Joint Secretary); (vi)
the
Principal Secretary/Secretary Housing or his/her nominee (not below the rank of
Joint Secretary); (vii)
the
Principal Secretary/Secretary Panchayati Raj or his/her nominee (not below the
rank of Joint Secretary). Tenure of the Board shall be three years from
the date of its constitution provided that so long as the Board is not
reconstituted, the board shall continue to function as before and the decisions
taken by it shall not be invalid merely for reasons that the tenure of the
Board has completed three years. The headquarter of the Board shall be at
Lucknow. (1)
The
term of Members shall be coterminous with board. (2)
Members
nominated under sub-clause (iii) of clause (c) of sub-section (2) of section
(2) of Section 6 shall cease to be members of the Board, when they cease to be
the elected members of the State Legislature. (3)
Members
nominated under sub-clauses (i), (ii) and (iv) of clause (c) of sub-section (2)
of Section 6 shall not remain the members of the Board, if they ceased to
represent the interest for which he was nominated. (4)
All
nominated members shall be eligible for renomination for one more term. (5)
In
view of the vested fulfilment of purposes and necessity, the Uttar Pradesh
State Social Security Board can invite any worker from public or employer
organisations or any Government department to be present as a special invitee
in the scheduled meeting of the Board on receiving some notice. Any member, not being an ex-officio member or
representing the State Government, may resign from his membership by a letter
in writing addressed to the State Government and such seat shall fall vacant on
the date on which his resignation is accepted by the Government. The Government
may nominate on such vacant seat against the category for which the seat falls
vacant, for the residue of the term of the member in place of whom the
nomination is made. (1)
Any
person shall be disqualified for being a member of the Board (i)
if
he is of unsound mind and stands so declared by a competent court; or (ii)
if
he is an un-discharged insolvent; or (iii)
if
he has been convicted of an offence. (2)
If
a question arises as to whether a disqualification has been incurred under
sub-rule (1), the State Government shall decide the same. (1)
The
State Government may remove from office any member if he/she is disqualified
under Rule 8: Provided that a member shall be removed after
giving him/her the opportunity of being heard. (2)
If
any member not being an ex-officio member or representing the Government,
remains absent in three consecutive meetings without obtaining the leave of the
Chairperson for such absence, he shall cease to be the member: Provided that if the State Government is
satisfied that a member is deprived of attending three consecutive meetings of
the Board with sufficient reason, it may direct that he shall continue to be
the member. If any change occurs in the address of a
nominated member, the same shall be communicated in writing, within 15 days, to
the member secretary who shall make a record accordingly. When a vacancy occurs or is likely to occur
in the membership of the Board, the member-secretary shall submit a report to
the State Government and the State Government, after receiving report shall
take steps to fill the vacancy nominating from amongst the category of persons,
to which the person vacating membership belonged and the persons so nominated
shall hold office for the remainder of the term of office of the member whose
place he is appointed. (1)
The
travelling allowances of an ex-officio member shall be governed by the rules
applicable to him for journey performed by him on official duties and shall be
paid by his department. (2)
The
non-official members of the Board shall be paid travelling allowances for
attending meetings of the Board at such rates as are admissible to Group A
officers of the State Government and daily allowances shall be calculated at
the maximum rate admissible to Group A officers of the State Government in
their respective places. Every question which the Board is required to
take into consideration shall be considered at a meeting of the Board or if the
chairperson so directs by sending the necessary paper of every member and the
question shall be disposed of in accordance with the decision of the majority: Provided that in case of equality of votes,
the chairperson shall have a casting vote. (1)
The
Board shall meet at such places and times as may be specified by the
Chairpersons. The Board shall meet at least once in three months. (2)
The
Chairperson shall preside over every meeting of the Board in which he is
present and in his absence he may nominate a member of the Board to preside
over such a meeting in his place. (1)
Ordinarily,
15 days' notice shall be given to the members of a proposed meeting. (2)
No
business, which is not on the list of business for a meeting shall be
considered at the meeting without the permission of the Chairperson. No business shall be transacted at any
meeting unless at least nine members are present in the meeting. Every decision taken at the meetings of the
Board shall be recorded in a minutes book and signed by the Chairperson and the
Member-Secretary. The Minutes book shall be a permanent record of the Board. The Powers and functions of the Board shall
be (a)
to
recommend the State Government for formulating suitable welfare schemes and
their implementation for the various group of workers from unorganised sector; (b)
to
give reasonable advices to the State Government regarding matters referred for
administration/implementation of Act and these rules and to give advice to the
State Government on matters referred for redressal of doubts/problems; (c)
regular
monitoring of welfare and development schemes being carried out in the State
for the welfare of workers of unorganised sector by the State Government and to
advice the State Government with a view to making them more beneficial; (d)
to
monitor the work which is being carried out for the welfare of unorganised workers
and the records thereof at the district level; (e)
to
monitor the work of progress of registration of workers and distribution of
identity cards for workers of unorganised sector; (f)
to
monitor the expenditures made from the fund under various schemes; (g)
to
give suitable advice/recommendation to responsible administrative
departments/executive institutions relating to welfare projects, development
programs, elevation of poverty specially being carried out for the benefit of
unorganised workers in the State; (h)
to
refer the matter to the State Government where there is difference of opinion
between Board and the administrative department/executive institution for its
decision. The Board shall also be responsible for the; (a)
administration
of the fund; (b)
preparation
and submission of annual budget to the State Government for sanction; (c)
maintenance
of accounts; (d)
collections
of contributions to the fund and other charges; (e)
appointment
of Committees for the disposal of the works of the Board and for the
fulfillment of pertaining objects of the Board; (f)
hearing
and deciding complaints; (g)
investment
of the fund in the nationalised banks, or in the institutions owned and
controlled by the State Government or the Central Government for better
management; (h)
delegation
of all or any of the powers of the Board to the Secretary or any other officer
of the Board as may be necessary for the efficient administration; (i)
to
monitor the expenditures made from fund under various schemes; (j)
compliance
of directions given by Central/State Government from time to time. (1)
The
State Government, in exercise of the powers conferred under sub-clause (a) of
sub-section (8) of Section 6 and 4 of the Act, may, with the consultation of
U.P. Social Security Board, may issue orders from time to time in relation to
additional schemes and its administrative and financial assistance and
workers/employees' contributions. (2)
Orders
for registration/renewal of beneficiaries and amount of contribution/fees may
be issued by the State Government from time to time. (3)
Responsibility
of implementing the schemes mentioned in Schedule of the Act shall be on
respective administrative departments. Such administrative/responsible
organization shall be direct responsible to send action taken report to U.P.
State Social Security Board in respect of unorganised Workers in the State. (4)
The
respective administrative departments/responsible organizations shall be
responsible to ensure implementation scheme (s) notified by the State
Government under Rules 19(2)(4) and 20(1). (5)
Barring
all financial contributions in respect of schemes of Central Government and
State Government, rest all other types of contributions can be
prescribed/decided and consolidated with the prior permission/sanction of the
State Government. These shall be a fund of the Board in which
the following amount shall be credited (1)
Amount
and contributions from other sources received for the implementation of schemes
of Central and State Government being notified and transacted shall be
consolidated in the "Fund". This Fund shall be called "The Uttar
Pradesh Unorganised Workers Welfare Fund". (2)
"Fund"
shall be administered and transacted by the Board. The account of the Board
will be opened in any Nationalised Bank situated at Lucknow. The account will
be operated by the joint signature of the secretary Board and the Labour
Commissioner Uttar Pradesh. (3)
Amount
received from following sources shall be consolidated in the Fund (I)
Lump
sum amount given by the State Government for the establishment of the Fund. (II)
Amount
of Grant given by Government of India, State Government, amount received from
contribution, the authorities or bodies owned and controlled by the State
Government. (III)
Amount
received for the implementation of the scheme notified by Government of India. (IV)
Amount
received against scheme notified/recorded/transacted by State Government. (V)
Amount/grant
received against various Central/State Government schemes. (VI)
Amount
received from registration/licenses/renewal under various labour acts. (VII)
Amount
received from other boards/institution/bodies as contribution. (VIII)
Amount
received from registration/renewal of beneficiaries. (IX)
Contributions
received from employers. (X)
Contributions
received from beneficiaries. (XI)
Contributions
received from other sources. Ten per cent of total fee received annually
from registration/licenses/renewal in the fund or a maximum rupees 50 lakhs
shall be spent on administration, legal continental and recurring expenses of
the Board. This limit can be amended from time to time by the State Government
as per requirement. (1)
Every
such worker of unorganised sector defined in clause (k), (m), (n) of Section 2
shall be eligible for registration who fulfills the following qualification (i)
He/she
is an Indian citizen; (ii)
He
has completed the age of 14 years; (iii)
He
has submitted a self-attested declaration that he is an Unorganised Worker; (3)
Registration
as an unorganised workers shall be done on receipt of the registration
application to be made in Form 1 and a photo identity card in Form 2 quoting
also the Special Identity Number, shall be issued. (4)
He
shall become the beneficiary of the ongoing any scheme under the Act and these
rules only when he has paid his contribution mentioned under the scheme
notified by the State Government from time to time. In case of loss, damage or deface of identity
card of a registered worker a duplicate copy of the same can be obtained after
paying the fees as may be determined from time to time by the Board. The State Government, for the discharge of
functions mentioned in Section 9 of the Act, shall notify and set-up
"Unorganised Workers Welfare Facilitation Centers" with the
consultation of Uttar Pradesh State Social Security Board. (1)
For
rural areas (i)
the
registration of unorganised workers working in rural areas shall be done by the
revenue department/panchayat raj institution under Section 8 of the Act; (ii)
the
Nayab Tehsildar/Tehsildar/Assistant Block Development Officers are authorised
to issue the identity cards after registration. Other officers can also be
authorised by the State Government as per requirement; (2)
For
urban areas (i)
the
registration of unorganised workers working in urban areas shall be done by
local bodies/employment exchanges under Section 8 of the Act; (ii)
the
Assistant Employment Officer/Employment Officer/Executive Officer/Assistant
Municipal Commissioner are authorised to issue identity card. Other officers
can also be authorised by the State Government as per requirement; (3)
Maintenance
of records in respect of registered and beneficiaries shall also be done by the
registering institutions; (4)
Application
for registration in Form 1 can also be submitted in local or nearest labour
office by the unorganised worker, but the identity card shall only be issued by
authorised officers mentioned in clause (ii) of sub-rule (1) and clause (ii) of
sub-rule (2); (5)
The
administrative department shall be responsible for the registration and issue
of identify cards as per sub-rules (1) and (2); (6)
The
maintenance of records in respect of registration shall be done by the
respective institution, local bodies, offices in prescribed register in Form 3
appended to these rules as per clause (1) and sub-rules (1) clause (i) of
sub-rule (1); (7)
Special
Registration Number shall be allotted on applications of respective unorganised
worker which shall be quoted in their identity cards. (1)
The
power to interpretation of the provisions of any rules are vested in the State
Government. (2)
If
any practical difficulty or doubt arises in the implementation/administration
of schemes being carried out by the Board shall be referred to the State
Government and the State Government shall take decision in the matter after
consultation with U.P. State Social Security Board. Serial No.
..................................Registration no. of
worker........................................dated.......................... (To be filled by registering officer)UTTAR
PRADESH UNORGANISED WORKER'S SOCIAL SECURITY RULES, 2016
PREAMBLE