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Maharashtra Unorganised Workers Social Security Rules, 2013

State Notification of Maharashtra · 200818,870 characters of text

The enactment

TypeNotification
Year2008
JurisdictionState of Maharashtra
MinistryGovt of Maharashtra
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslabour

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

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3. A . femm = 15 ¢. Gt AR prem—pa T T | WA (e PR A et TN Rl e g { Q R 3 ¥ 4 RIS TR e W (). Scanned by CamScanner < S "Wie Y a . \ FENTE, Y AT I A=, 7 3o, RORY/TT 9, TH 2734 n pursuance of clause (3) of Article 3 in English of the Governmo, ‘ 48 of the Constituti ; . ; SOLTC.R. 214/ abr l;;n?-:';t]l\vomfimfi”nr Industries TII‘:SI:;lrutmn gflllnldla, the following tra . 4\\7;0\ Governor of Mahflmsh’tr; ed the 30th M i gy and Labour Department No. X ay 2013 is hereby published under the authority of the y order and in the name of the Governor of Maharashtra, BALASAHEB KOLASE, Joint Sceretary to Government. Mad JnP\L{PUSTRIES’ ENERGY AND LABOUR DEPARTMENT ama Marg, Hutatma Rajguru Chowlk, Mantralaya, Mumbai 400 032 dated the 30th May 2013 M NOTIFICATION ” "H‘K‘*S*X:-‘\ U_NORGANISED WorkERs SociaL SecuriTy RuLES, 2013. with O-b aqka 2011/C.R. 214/Lab-7Ta.— In exercise of the powers conferred by section 14 read sub-sections (4), (6) and (7) of section 6 and sub-section (1) of section 10 of the Unorganised \Vorlfers‘ Social Security Act, 2008 (33 of 2008), and of all other powers enabling it in that behalf, the State Government hereby makes the following rules, namely :— b 14 Shm‘t title and commencement.— (1) These rules may be called the Maharashtra Unorganised Workers’ Social Security Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.—(1) In these rules, unless the context otherwise requires,— (@) “Act” means the Unorganized Workers’ Social Security Act, 2008 (33 of 2008);

(b) “Board” means the Maharashtra State Social Se curity Board constituted under section 6 of the Act; (¢) “Chairperson” means the Chairperso n of the Board;

(d) “member” means a member of the B oard;

(e) “section” means a section of the Act. ’ (2) Words and expressions used and not def ined in these rules but defined in the Act sh all have the meanings respectively assigned to them in the Act.

3. Term of office of members.—(1) The term of office of the members of the Board constituted under section 6 of the Act, other than an ex-officio member , shall hold office for a period not exceeding three years from the date of their nominations : | Provided that, the State Government may by order curtail the term of office of any such | Member or members for reasons to be recorded in writing.

(2) A member nominated under sub-clause (iii) of clause () of sub-section (3) of section 6 shall ¢ ! “l\: cease to be a member of the Board if he ceases to be a member of Legislative Assembly by h he was so elected. 3 ; ; of Ee“Ji(A member nominated under sub-clanses (i), (i), (iv) and (v) of clause (c ) of sub-section (2) on 6 g eat fi-(?, ahal.l cease to be a member of the Board if he ceases to represent the category of 1 which he was so nominated : - r“ml rovided that oyt ; ; , out of the persons nominated under clause (i) of said section 6 adequate \\lr:ks,e“\fllinn shie 4 Mingyg e f’l“‘u kge given to persons belonging to the Scheduled Caste, the Scheduled Tribe S and Women, ’ ’ ) A R Membyg). o ‘t""“'a er shall ho cligible for re-nomination. Scanned by CamScanner ERTE R A RO W aw-d, A 3o, R003/s ?, Th I s mation.(1) A member of the Board, not being an ex-offic io member, ma i fr ftl:sv’ g."m'::f. in writing addressed to the Chairperson, e ch a member shall fall vacant from the date on which his resignation i, ry of thirty days from the date of receipt of intimation of resignation Y Tesigy

(2) The scat of su accepted or on th_e expi ichever is earlier. . . i resignation of a member shall vest in the Ch. : ] accept the resignation o .

(3) The power to acc: F;m” report to the Board at its next meeting. accepting the resignatio n, s . o

5. Change of Address.—If a m ember changes his address, he shall P o

2. 141 ber Secretary of the Board who shall thereupon enter his new a ddress in the officiy] 1011 I airperson who, o, to the Me records : . . )

Provided that, if a member fails to notify his new address, the address in the official record, shall ff)l:'v;lrpux'po;es be deemed to be the member’s correct address. e soge 4 s or is likely to oceur in th filling vacancies.—When a vacancy occurs or is o 6. |fi§:2§§13%03rd ths Chairperson shall submit a report to the State Government and oy, ::Z:ilbteuf such report, the State Government may, nominate a person to fill the vacancy and ll}e persolil so nominated shall hold office for the remainder of the term of office of the member iy whose place he is nominated. '

7. Allowances to members.—(1) The travelling allowance of an official member of the Board shall be governed by the rules applicable to him for journey performed by him on officia] duties and shall be paid by the authority paying his salary.

(2) The non-official members of the Board shall be paid travelling illlf)\vance for atten‘ding the meetings of the Board at such rates as are admissible to a Group ‘A’ Officer 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.

8. Disposal of business.—Every matter 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 papers to every member for opinion, and the matter shall be disposed of in accordance with the decision of the majority :

Provided that, where there is no opinion of majority on a matter and the members of the Board are equally divided, the Chairperson shall have a second or a casting vote.

Explanation—The expression “Chairperson” for the purpose of the above proviso shall include a member nominated or chosen under sub-rule (2) of rule 9 to preside over a meeting,

9. Meetings—.(1) The Board shall meet at such places and at such times as may be decided by the Chairperson and it shall meet at least once in three months. . '(2)1 Tllu Chairperson shall.prcside over every meeting of the Board in which he is present diu- Tn u]s‘ ubfence he may nomm:lte‘a 1119111[)01‘ of the Bom’d to preside over such o meeting in his P a‘L‘L ;m in l. he absence of such nomination by the Ch:m'person, the members of the Board present 1 such meeting may choose from amongst themselvos a member to preside over the meeting ] 10. Notice of meetings and list oy business.—(1) Ovdinarily, two weeks notice shall be given to the members of the Board of a proposed meeting : ’ " T’m\";dcd‘ that, the Cha_irperson, irhe is satisfied tha i is expedient go to do 1nay give notict oflonger period not exceeding one month for stich meeting S I

(2) No business except which is i ) ' hich is ine ist of 5 i i Al shall be consige at thupmeelinu of l‘]:}“ge‘l l'n :hc Pl A i y ile & 2 e board hg e er i ot e poccisatn 67 g Digtess ¢ ohall be considered at the meetin: witho 3

(3) The C) after ink; ) urgency. ieperson may g, ; ime S . erabors i}n ,:,nf L{x:,L call «special hiceting of the Board in caee o urg : cavancee about tie syljee watter of discussic s ud the roasn oruang ! Scanned by CamScanner AW AR AT 3 * STUTURYT W -7,

11. Quorum.—(1) N A, W o, 2003/7% < , Wk 334 , ‘ U, 0 businesg s : st six members ar X shall be transacted at « : east X mem are present in t} cled at any meeting of the ’ ilat 1o " 4 g 1¢ Board unless 4, |egislative Assembly : it meeting which shall include at least one M unl‘i?b u; h{: r Ci eI 0 1 e

Provided that, if at, ifal a meetj ing, less than six g, less than six members are present, the Chairperson may 1dj : Chairpers ay adjourn (he meeting Lo another 5 date informing that he proposes to diipass 1’;1(:]1 mllnnv the members present and giving notice to the otl k g ) spose of the business at tl . 5 S > to the other members quorum or not, and i siness at the adjourned meeti . . : g it shall ther oo . meeting whether there is pres cribed meeting irrespecti < creupon be lawlul for him to dispose of : 4 » ectiv o dispose of the business » adj 1 ¢ of the number of membe rs attending I siness at the adjourned g

(2) The St X State Government ar & et (R e Bm”f:;fli{“bbdr any member, other than ex-ofjicio members, from taking

(a) he i absents ; . . s himself from three consecul ive meetings of the Board without written informati ¢ tion to and consent of the Chairperson, or

(b) in the vi iew of the State Government, such member has ceased Lo repres ent the interest which he purports to represent on the Board . of unorganized worker. —(1) The sgistration Act shall be made in Form I, to the 12. M - of maki ] applicati af“;m of lfl-.lkmg appl ication for r D'I‘ cation. el e}'rE(l to in sub-section (2) of section 10 of the ) District Administration. o 13. Al{cgistrntion of Be neficiary.—(1) Every unorganized worker sha ll apply in Form [ for ltiglst'rzxt\nn under sub-se ction (2) of section 10 as & beneficiary, to the aut horized officer of the District Panchayat in r ural areas and the Urba n Local Bodies in urban areas respectively.

(2) The State (lovernment may direct to the District Panchayat an d Urban Local Bodies shall authorize one or more of its officers to be the registering officer o f beneficiaries undex th e Act.

(3) The application for regis tr:

(a) A fee may be as fixe d by the Board. ation as beneficiary shall be accompanie d with the following :— e, (b) Proof of : (¢) Self declaration by hi m or her confirming tha t he or she is an uno rganized worker.

(d) 3 copies of passpor t size photograph. of Board shall maint ain re all be, as decided by the Board (4) The Secretary gister of beneficiari es in Form 1L vide its resolution,

(5) Registration fee of the beneficiary sh from time to time.

(6) Contribution from the unorgunized worker shall be , as decided by the Board vide its resolution, from time to time.

14. Funds, its applic ation and procedu re thereof—

(1) Funds of Board,— (¢) Donation by employe rs, Governments, Gemi-Government an d private organization;

(b) Income obtain through vario us fund

(2) The board shall have and mainta in its own F (@) All money received by the Board fro m the State G (0 5 “R‘snt:; All money received by the Boar d by way of sale ng schemes, includ ing income from th e 1 be credited,—- generati und to which shal overnment; and disposal of pro perty and othe: te) Inter . N eres S s . . X L on investment in security and deposits, rent and al l money received by th Buard § m an " i Y other manner or from any other sources. Scanned by CamScanner Mini throt

3. any ea/aans @ T WA B L Ll i 30, qed/FW R L et . . e e various benefits Lo the aan . - % ' fund providing ¢ 11 constituted by every ““““:il‘:llllllxu:oln () (1) There ..h.x!l e shall be procedure €Tt ‘ syranized worker an¢ o i oy - — pnorgani’ e Contral ¢ W from Hive . " unm‘z:zunzcr l workers. Board [rom any other twants rect (@) Gran ] 1« made by the ource cceived by the Wl for meelir W) All rnu (rilm(hn () All oth er sums I 1d shall b e apP : her followinig lic = . o . s [unctions unde r Section 6. @) he f e of il 1 the disch » board it N s of the board L ol the members, officers and other and otl ratior a) Expenst fa) L1 hor remune allowances b) Salaries, y Board, and " thorized by the Stale Gov ernment, employees of th . ] ¢ objects and for the purpos es v and deposil a ccount with o n ¢ of the Board as may be \tion to the Board in such form register ay make an applica e C(\}y“l:u‘pres cribcd, for grant o f payments out o f the fund ¢ or more nationalised banlc laid down in the regulations,

(c) Expenses ont othe keep current 3) The Board may

(i) Ihe 5 such office and the same may be operated by

(4) Any unorganiz ed worker it such documents as md and accompanied by c towards th d to under this Act. towards the benefits he is entitle . '

(5) The Board may alt er receipt of every suc h application, conduc t Sllfth cnflf"r)'v as it may deem fit, and either gran t the application or, for the reasons to be recor ded in writing, may r eject the same.

Provided that, any such applic ation shall not be rejected unles s being heard is given to the applicant s.

(6) The decision of the Board in this regard shall be final. a reasonable opportunity of

15. Scheme.— The State Government, may, by notification in the official gazette, malke one or more s chemes for any group of unorganized workers in one or more areas specified in the sub-section (4) of section 3 of the Act.

16. Records— The Board may authorize i 3 0. ay a e one or more officers of the Boar ai i ec s n g ard to maintain statutory records

17. Accounts and Audit —

(1) The Board shall maintain proper accounts and other annual o L . " re . N } . | statement of accounts, including a balance-sheet . levant records and prepare an

(2) The accounts of the Board shall be State Government may appoint, audited annually by such qu o alified person as the

(3) The auditor shall at, all rea documents of the Board sonable times have aceess to the information as L may ré z”}r'i may for t'hu purposes of the audit iy quire, or examine any member of of(j 1L, C[q he accounts ) icer of the Boar thereon, shall b. furw:.fdthe Board certified by the aud; Board, Government man o orded annually to the State G uditor, togetl 4y speeily in this behalf, State Government, he

(5) The Board s), of the report of the ll{o;.)ks of accounts and other or such explanation and ;(EI‘ with the audited report ore such date as {he State . n!] comply witly o auditor, think fit t

(6) The cost of of the Board Budget such directiong { uv“n\c\tmw 1 Derus? Lons as ] = the Stat Gove audit as det ied by (he te Governpy, 1 ) | S Lern, C| he Sta Go I B shall } e paid out, of the funds Scanned by CamScanner BB R e — I AR, 4 30, 2013/7m 9, o 2’3 FORM - | (See rule 12) (Application for regisi

(1) Name of the unorganised worker

(2) Father's/hushand's n. tration of unorganised worker) MG i

(3) Occupation

(b) Permanent: ...

(5) Mobile No./contact number :-

(6) Whether RSBY Smart Card given:-

(7) Dependents :

(8): FAbRET: 1556553555550 nreeentnrannssussasinsnsaresanesmsmsansssnens

(b) Mother

(c) Dependent Children:

(d) Wife/Husband = .......comapi-caumanmmnmamasmis.

(e) Others

(8) The particulars of the documents attached : ... Place :- Signature/Thumb Impression of Pate - the Applicant. Scanned by CamScanner Viir hrc N FERTE IR IS0 SR 0T 9w, & 30, ROV 2, 365 273 L£4 Form - 11 [See rule 13 (4)] Register of beneficiaries

1. Full name :

2. Permanent address :

3. Date of birth/age :

4. Sex: Male/Female

5. Registration No. :

6. Name and relation of nominee with address. Whether medical verification is obtained : |l

8. Particulars of employment. Present Address Nature of work Name of the Date of Si_gnatu\reuf and designation |present employer/s| employment Board officia| with address and telephone No.

(1) (2) (3) (4) (3) Place : Date : Signature/Thumb Impression of the Applicant. By order and in the name of the Governor of Maharashtra, BALASANIEB KOLASE, Joint Secretary of Government. Scanned by CamScanner | | J%

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