THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 
__________ 

ARRANGEMENT OF SECTIONS 
________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

SOCIAL SECURITY BENEFITS 

3.  Framing of scheme. 
4.  Funding of Central Government Schemes. 

NATIONAL SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS 

5.  National Social Security Board 

CHAPTER III 

CHAPTER IV 

STATE SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS 

6.  State Social Security Board. 
7.  Funding of State Government Schemes. 
8.  Record keeping by District Administration. 
9.  Workers facilitation centres. 

10.  Eligibility for registration and social security benefits. 

CHAPTER V 

REGISTRATION 

CHAPTER VI 

MISCELLANEOUS 

11.  Power of Central Government to give directions. 
12.  Vacancies, etc., not to invalidate proceedings. 
13.  Power to make rules by Central Government. 
14.  Power to make rules by State Government. 
15.  Laying of rules. 
16.  Saving of certain laws. 
17.  Power to remove difficulties. 

SCHEDULE I. 
SCHEDULE II. 

1 

 
 
 
 
THE 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:— 

[30th December, 2008.] 

CHAPTER I 

PRELIMINARY 

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  date1  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; 

1. 16th May, 2009, vide notification No. S.O. 1220(E), dated 14th May, 2009, see Gazette of India, Extraordinary, Part II, sec. 

3(ii). 

2 

 
                                                           
(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. 

4.  Funding  of  Central  Government  Schemes.—(1)  Any  scheme  notified  by  the  Central 

Government may be— 

(i) wholly funded by the Central Government; or 

(ii) partly funded by the Central Government and partly funded by the State Government; or 

(iii) partly funded by the Central Government, partly funded by the State Government and partly 
funded through contributions 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  are 

necessary for the efficient implementation of the scheme including the matters relating to,— 

(i) scope of the scheme; 

(ii) beneficiaries of the scheme; 

(iii) resources of the scheme; 

(iv) agency or agencies that will implement the scheme; 

3 

 
(v) redressal of grievances; and 

(vi) any other relevant matter. 

NATIONAL SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS 

CHAPTER III 

5. National Social Security Board.—(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 

4 

 
(g) undertake such other functions as are assigned to it by the Central Government from time to 

time. 

CHAPTER IV 

STATE SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS 

6.  State  Social  Security  Board.—(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. 

5 

 
 
 
7. Funding of State Government Schemes.—(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. 

8. Record keeping by District Administration.—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. 

9.  Workers  facilitation  centres.—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 V 

REGISTRATION 

10.  Eligibility  for  registration  and  social  security  benefits.—(1)  Every  unorganised  worker  shall  be 
eligible for registration subject to the fulfilment of the following conditions, namely:— 

(a) he or she shall have completed fourteen years of age; and 

(b) a self-declaration 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 

Administration for registration. 

(3)  Every  unorganised  worker  shall  be  registered  and  issued  an  identity  card  by  the  District 
Administration which shall be a smart card carrying a unique identification number and shall be 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 scheme requires the Central or State Government to make a contribution, the Central or 

State Government, as the case may be, shall make the contribution regularly in terms of the scheme. 

6 

 
 
 
CHAPTER VI 

MISCELLANEOUS 

11.  Power  of  Central  Government  to  give  directions.—The  Central  Government  may  give 

directions to— 

(i) the National Board; or 

(ii) the Government of a State or the State Board of that State, 

in respect of matters relating to the implementation of the provisions of this Act. 

12. Vacancies, etc., not to invalidate proceedings.—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 
constitution of the National Board or, as the case may be, the State Board. 

13.  Power  to  make  rules  by  Central  Government.—(1)  The  Central  Government  may,  by 

notification, make rules to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the contributions to be collected from the beneficiaries of the scheme or the employers under 

sub-section (1) of section 4; 

 (b) 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  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) of section 5; 

(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 10; and 

(f) any other matter which is required to be, or may be, prescribed. 

14. Power to make rules by State Government.—(1) The State Government may, by notification, 

make rules to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(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  filling 
vacancies of, the State Board under sub-section (4) of section 6; 

(b) the rules of procedure relating to the transaction of business at the meetings of the State Board 

under sub-section (6) of section 6; 

(c) the allowances for attending the meetings 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 (1) of section 7;  

(e)  the  form  in  which  the  application  for  registration  shall  be  made  under  sub-section  (2)  of 

section 10; and 

(f) any other matter which is required to be, or may be, prescribed. 

7 

 
 
 
15. Laying of rules.—(1) Every rule made by the Central Government under this Act shall be laid, as 
soon as may be after it is made, before each House of Parliament, while it is in session, for a total period 
of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if, 
before the expiry of the session immediately following the session or the successive sessions aforesaid, 
both Houses agree in making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may 
be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule. 

(2) Every rule made under this Act by State Government shall be laid, as soon as may be after it is 

notified, before the State Legislature. 

16.  Saving  of  certain  laws.—Nothing  contained  in  this  Act  shall  affect  the  operation  of  any 
corresponding  law  in  a  State  providing  welfare  schemes  which  are  more  beneficial  to  the  unorganised 
workers than those provided for them by or under this Act. 

17. Power to remove difficulties.—(1) If  any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, 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.  

8 

 
 
 
SCHEDULE I 

[See sections 2(i) and (3)] 

SOCIAL SECURITY SCHEMES FOR THE UNORGANISED WORKERS 

S. No.  Name of the Scheme 

Janani Suraksha Yojana. 

Indira Gandhi National Old Age Pension Scheme. 

1. 
2.  National Family Benefit Scheme. 
3. 
4.  Handloom Weavers’ Comprehensive Welfare Scheme. 
5.  Handicraft Artisans’ Comprehensive Welfare Scheme. 
6. 
7.  National Scheme for Welfare of Fishermen and Training and Extension. 
8. 
9.  Aam Admi Bima Yojana. 
10.  Rashtriya Swasthya Bima Yojana. 

Pension to Master craft persons. 

Janshree Bima Yojana. 

9 

 
 
 
 
SCHEDULE II 

[See section 2(m)] 

S. No.  Name of the Act 

1. 
2. 
3. 
4. 
5. 
6. 

The Workmen’s Compensation Act, 1923 (8 of 1923). 
The Industrial Disputes Act, 1947 (14 of 1947). 
The Employees’ State Insurance Act, 1948 (34 of 1948). 
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952). 
The Maternity Benefit Act, 1961 (53 of 1961). 
The Payment of Gratuity Act, 1972 (39 of 1972). 

____ 

10 

 
 
 
 
 
