(c) thirty one 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) five representing state governments; and (v) five representing central government ministries and departments concerned (3) the chairperson and other members 07 we board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration 10 (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 20 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 sector 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 workers in the unorganised sector as are administered by the central government; (d) review the progress of registration and issue of identity cards to the unorganised sector workers, (e) review the record keeping functions performed at the state level; (f) review the expenditure from the funds under various schemes; and 35(g) undertake such other functions as are assigned to it by the central government from time to time state soctal security advisory board for workers in the unorgansed sector 6 (1) every state government shall, by notification, constitute a state board to be known as (name of the state) state social security advisory board to exercise the powers conferred on, and to perform the functions assigned to it, under this act state social security advisory board (2) the state board shall consist of the following members, namely: - (a) a chairperson to be appointed by the state government; (b) the principal secretary or secretary (labour) - member— secretary, ex officio; and (c) twenty-six members to be nominated by the state government, out of whom— (i) seven representing the unorganised sector workers; (ij) seven representing employers of unorganised sector; (iii) five representing eminent persons from civil society; and 5 (iv) seven representing state government departments concerned (3) the chairperson and other members of the board shall be from amongst persons ofeminence in the fields of labour welfare, management, finance, law and administration (4) the number of persons to be nominat_j as members froim cach of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service 10 ofmembers, 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 15 (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 20 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; (4) advise the state government on such matters arising out of the 2 administration of this act as may be referred to it; (c) monitor such social welfare schemes for workers in the unorganised sector 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 bt) 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 7 (1) any scheme notified by the state government may be - funding of ss 35 (i wholly funded by the state government; or senn schemes (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 40 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 fit8 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 record keeping by district administratien be performed by - (a) the district panchayat in rural aveas; and (6) the urban local bodies in urban areas  chapter v registration10 9 (1) every unorganised sector worker shai! 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 registration and social security benefits (6) a self-declaration by him or her confirming that he or she is an unorganised sector worker 15 (2) every eligible unorganised sector worker shall make an application in the prescribed form to the district administration for registration (3) every unorganised sector worker shail 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 20 (4) ifascheme requires a registered unorganised sector 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  chapter vi miscellaneous10 the central government may give directions to— (i) the national board; or | power      ||------------|| central    || government |(ii) the government of a state or the state board of that state, to give directions in respect of matters relating to the implementation of the provisions of this act vacancies, 11 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 | ¢te,        ||--------------|| invalidate   || proceedings || 35           |12 (1) the central government may, by notification, make rules to carry out the provisions of this act power to make rules by central government (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 (/) 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 subsection (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 subsection (7) of section 5; 5 (e) the form for making an application for registration under sub-section (2) of section 9; and (/) any other matter which is required to be, or may be, prescribed 13 (7) the state government may, by notification, make rules to carry out the power to provisions of this act me tules by 10 (2) in particular, and without prejudice to the generality of the foregoing power, such government tules 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- 15 section (4) of section 6; () 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 subsection (7) of section 6; 20 (d) the contributions to be collected from the beneficiaries of the scheme or the employers under sub-section (/) of section 7; and (e) any other matter which is required to be, or may be, prescribed 14 (/) every rule made by the ceniral government under this act shall be laid, as laying of soon as maybe after it is made, before each house of parliament, while it is in session, for rules 25 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, 30 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 15 nothing contained in this act shall affect the operation of any corresponding saving of 35 law in a state providing welfare schemes which are more beneficial to the unorganised certain laws sector workers than those provided for them by or under this act 16 (/) if any difficulty arises in giving effect to the provisions of this act, the power to central government may, by order published in the official gazette, make such provisions, 'move not inconsistent with the provisions of this act, as may appear to it to be necessary for "ifficulties 40 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 schedule (see section 3) sociat security schemes for the unorganised sector workerssno name of the scheme national old age pension scheme national family benefit scheme national maternity benefit scheme mahatma gandhi bunkar bima yojana health insurance scheme for handloom weaver scheme for pension to master crafts persons group accident insurance scheme for active fishermen saving-cum-relief for the fishermen janshree bima yojana aaam admi bima yojana aw awn = —~ = © swasthya bima yojanasector, such as agricultural workers, construction workers, beedi workers, handioom workers, leather workers, etc 2 the unorganised sector workers' social security bill, 2007 aims to provide for social security and welfare of the unorganised sector workers and for matters connected therewith or incidental thereto, the bill, inter alia, provides for the following matters, (4) the central government shall constitute a national social security advisory board to recommend suitable welfare schemes for different sections of unorganised sector workers, and upon consideration' of these recommendations, the central government may notify suitable welfare schemes relating to life and disability cover, health and maternity benefits, old age protection, or any other benefits (iv) the central government and the state government shall have the power to make rules for the purposes of carrying out the objects of the bill 3 the bill seeks to achieve the above objectives new deut; oscar fernandes the 7th september, 2007:_ _ clause 5 of the bill provides for constitution of the national social security advisory board to recommend the central government on formulation of suitable welfare schemes for different sections of the unorganised sector workers relating to life and disability cover, health benefits, old age protection, etc the allowances, etc, to the members of the national board for attending the meetings of the national board shall be made by the central government clause 4 of the bill provides that the schemes notified by the central government may be funded wholly by the central government or partly by the central government and partly by the state government; or partly through contributions collected from the beneficiaries of the scheme and the employers as may be specified in the scheme clause 6 of the bill envisages for constitution ofa state social security advisory board to recommend the state government on formulation of suitable welfare schemes for different sections of the unorganised sector workers sub-clause (3) of clause 7 of the bill also provides for giving financial assistance to the state governments for the purpose of schemes framed by those governmerts the financial implications for funding of the schemes would be determined as and when such schemes are formulated 2 the allowances to the members of the national board shall be made out of the regular budget of the ministry of labour and employment the national board will be serviced by the existing staff in the ministry of labour and employment, the fund for the schemes, as and when they are announced, will be channelised through the existing channels of funding as is being done for other schemes of the government the fund flow system will be defined in each scheme and it will vary from scheme to scheme 3 the provisions of the bill will not involve any other expenses of recurring or nonrecurring nature  memorandum regarding delegated legislationclause 12 of the biil empowers the central government to make rules for carrying out the purposes of the proposed legislation the matters with respect to which rules niay be made has been set out in sub-clause (2) the matters, inter alia, relate to (a) the contributions to be collected from the beneficiaries of the scheme or the employers under sub-clause (/) of clause 4; (6) the number of persons to be nominated, the term of office and other conditie- of service of, the procedure to be followed in the discharge of their functions by, and '1¢ manner of filling'vacancies among, the members of the national board under sub- clause (4) of clause 5; (c) the rules of procedure relating to the transaction of the business at the meeting of the national board under sub-clause (0 of clause 5; (d) the allowances for attending the meetings of the national board under sub-clause (7) of clause 5; (e) the form for making an application for registration under sub-clause (2) of clause 9; and (/) any other matter which is required to be, or may be, prescribed 2 clause 13 of the bill empowers the state governments to make nules for carrying out the purposes of the proposed legislation the matters with respect to which rules may be made has been set out in sub-clause (2) the matters, inter alia, relate to (a) the number of persons to be nominated, the term of office and other conditions of service of, 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 under sub-clause (4) of clause 6; (4) the rules of procedure relating to the transaction of business at the meetings of the state board under sub-clause (6) of clause 6; (c) the allowances for attending the meetings of the state board under sub-clause (7) of clause 6; (d) the contributions to be collected from the beneficiaries of the scheme or the employers under sub-clause (j) of clause 7; and (e) any other matter which is required to be, or may be, prescribed 3 the matters in respect of which rules may be made are essentially matters of detail or procedure the delegation of legislative power is, therefore, of a normal character 