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Taxmann's Unorganised Workers' Social Security Act 2008 with Rules

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Contents PAGE

UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 PAGE

CHAPTER I PRELIMINARY 1. Short title, extent and commencement

1

2. Definitions

1 CHAPTER II SOCIAL SECURITY BENEFITS

3. Framing of scheme

4

4. Funding of Central Government Schemes

5

CHAPTER III NATIONAL SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS 5. National Social Security Board

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CHAPTER IV STATE SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS 6. State Social Security Board

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7. Funding of State Government Schemes

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8. Record keeping by District Administration

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9. Workers facilitation centres

8 I-5


CONTENTS

I-6 PAGE

CHAPTER V REGISTRATION 10. Eligibility for registration and social security benefits

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CHAPTER VI MISCELLANEOUS 11. Power of Central Government to give directions

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12. Vacancies, etc., not to invalidate proceedings

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13. Power to make rules by Central Government

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14. Power to make rules by State Government

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15. Laying of rules

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16. Saving of certain laws

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17. Power to remove difficulties

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SCHEDULE I

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SCHEDULE II

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SUBJECT INDEX

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UNORGANISED WORKERS’ SOCIAL SECURITY RULES, 2009 1. Short title and commencement

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2. Definitions

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3. Term of office of members

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4. Resignation

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5. Change of Address

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6. Manner of filling vacancies

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7. Allowances of members

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8. Disposal of business

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9. Meetings

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10. Notice of meetings and list of business

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11. Quorum

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12. Manner of making application for registration of unorganised worker

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FORM I

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CONTENTS PAGE

PRADHAN MANTRI SHRAM YOGI MAAN-DHAN, 2019 1. Short title, commencement and application

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2. Definitions

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3. Pension Fund

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4. Eligibility to join the Scheme

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5. Recovery of damages for default in payment of contributions

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6. Resolution of doubts, etc.

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7. Benefits on leaving the Pension Scheme

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8. Benefits on disablement

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9. Benefits to the family on death of an eligible subscriber

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10. Payment of pension

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ANNEXURE

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PRADHAN MANTRI LAGHU VYAPARI MAAN-DHAN, YOJANA 2019 1. Short title, commencement and application

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2. Definitions

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3. Pension Fund

25

4. Eligibility to join the Scheme

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5. Recovery of damages for default in payment of contributions

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6. Resolution of doubts, etc.

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7. Benefits on leaving the Pension Scheme

26

8. Benefits on disablement

27

9. Benefits to the family on death of an eligible subscriber

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10. Payment of pension

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11. Enrolment under the scheme

27

ANNEXURE

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Unorganised Workers’ Social Security Act, 2008 [33 OF 2008, DATED 30-12-2008]1 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:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (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 date2 as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. 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; 1. Dated 30-12-2008. 2. With effect from 16-5-2009, vide Notification No. S.O. 1220(E), dated 14-5-2009. *Shall be repealed by the Code on Social Security, 2020, with effect from a date yet to be notified.

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S. 2

UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008

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(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. COMMENTS SECTION NOTES

2.1 Definition of “employer” [Section 2(a)] Meaning of “employer” “Employer” means a person or an association of persons who has engaged or

employed an unorganised worker.


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UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008

S. 2

The engagement or employment must be for remuneration. The engagement or employment can be done either directly or otherwise.

2.2 Definition of “home-based worker” [Section 2(b)] Criteria for “home-based worker” “Home-based worker” means a person who is engaged in the production of goods

or services for an employer and performs the work for remuneration in one of the following locations: z The person’s home. z Other premises of the person’s choice (provided such premises are other

than the workplace of the employer). Condition Independent of Employer Provision This definition applies irrespective of whether or not the employer provides the

equipment, materials, or other inputs. 2.3 Definition of “self-employed worker” [Section 2(k)] Basic criteria for “self-employed worker” “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. Earning and Land-Holding conditions This engagement is subject to either of the following: z Monthly Earning Limit: A monthly earning of an amount as may be notified

by the Central Government or the State Government from time to time. z Cultivable Land Ceiling: Holds cultivable land subject to such ceiling as

may be notified by the State Government. 2.4 Definition of “unorganised sector” [Section 2(l)] Ownership and Activity “Unorganised sector” means an enterprise that is: z Owned by individuals or self-employed workers. z Engaged in the production or sale of goods or providing service of any kind

whatsoever. Worker Employment Threshold Where the enterprise employs workers, the number of such workers must be less

than ten. 2.5 Definition of “unorganised worker” [Section 2(m)] Included categories of workers “Unorganised worker” means one of the following: z A home-based worker. z A self-employed worker. z A wage worker in the unorganised sector. Inclusion from Organised Sector The term includes a worker in the organised sector who is not covered by any of

the Acts mentioned in Schedule II to this Act.


UNORGANISED WORKERS’ SOCIAL SECURITY ACT 2008 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE

: : : : : : :

TAXMANN’S EDITORIAL BOARD TAXMANN DECEMBER 2025 2026 EDITION 9789371265171 36 PAPERBACK

Rs. 80

DESCRIPTION Unorganised Workers’ Social Security Act 2008 with Rules [Bare Act with Section Notes] by Taxmann provides a clear, updated, and systematically organised presentation of India’s core legislation on the welfare and social security of unorganised workers. This Edition compiles the principal Act, the Unorganised Workers’ Social Security Rules 2009, and the two key pension-linked schemes—Pradhan Mantri Shram Yogi Maan-dhan (2019) and Pradhan Mantri Laghu Vyapari Maan-dhan Yojana (2019)—supplemented with precise Section Notes for quick understanding. It serves as a dependable reference for interpreting eligibility, registration, governance structures, and welfare mechanisms applicable to India’s largest workforce segment. This book is intended for the following audience: • Labour Law Practitioners & Legal Professionals • Government Departments & Welfare Boards • Trade Unions, NGOs & Social Sector Organisations • Academicians, Researchers & Students of Labour Laws/Public Policy • Employers in the Unorganised Sector, MSME Owners & Small Traders • Welfare Scheme Implementers & Financial Institutions The Present Publication is the 2026 Edition, covering the amended and updated text of the Unorganised Workers’ Social Security Act [Act No. 33 of 2008; Dated 30-12-2008] and Rules, with the following noteworthy features: • [Complete, Updated Legislative Text] Full provisions of the Act, Rules, and pension-linked schemes • [Pre-amendment Provisions] Footnoted historical text for understanding earlier legal positions • [Clarity-driven Section Notes] Focused explanations of statutory intent, definitions, processes, and governance • [Coverage of Central & State Welfare Scheme Frameworks] Funding, beneficiary identification, grievance mechanisms, and benefit scope • [Detailed Institutional Architecture] Structure and functioning of National and State Social Security Boards • [Registration & Identity Mechanism] Eligibility, smart card issuance, portability, and contribution requirements • [Annexed Schedules]

o Schedule I – Social security schemes

o Schedule II – Acts excluding certain categories of workers

• [Scheme-wise Insights] Contribution charts, eligibility norms, pension benefits, and exit/disability/death provisions

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