The Government
constituted the National Commission for Enterprises in the Unorganised Sector
(NCEUS) under the chairmanship of Dr. Arjun Sengupta on 20.09.2004.
The Commission completed its term on 30.04.2009. The Commission submitted its Reports
including Report on Social Security for Unorganized Workers. The Report on Social Security for Unorganised
Workers was submitted in May, 2006.
Salient features of the Report of National
Commission for Enterprises in the Unorganised Sector on Social Security for
unorganized sector:
The National Commission for Enterprises in the Unorganised Sector
(NCEUS) in its report on Social Security for Unorganised Workers had
recommended a legislation for the social security for
unorganised workers. The salient features of the proposed legislation are:
Social Security Benefits:
The Central Government to formulate a
scheme to be called National Social Security Scheme for unorganised workers
consisting of following minimum social security benefits:
(i) hospitalisation cover up to
Rs.15,000 and sickness cover for the
registered worker during hospitalization at Rs.50 per day for a maximum period
of 15 days.
(ii)
Maternity benefit of Rs.1,000 (maximum) per
delivery
(iii) Personal accident cover in the event of death
of earning head of family to the tune of Rs.25,000
(iv) Two options for
old age security: (a) Monthly old age pension of Rs.200 per month to all poor
(BPL) old aged (60+) workers, and
(v) Provident
Fund to all other workers (who are required to contribute to the national
social security scheme).
The State Government may formulate
schemes relating to:
·
Provident fund
·
Employment injury benefits
·
Housing schemes
·
Educational schemes for children
of workers
·
Skill upgradation; etc.
·
Funeral Assistance
·
Marriage of daughters; and
·
Any other schemes to enhance the
socio-economic security of unorganized workers.
Setting up of National Social Security
Fund:
(a) Grants and loans from the
Central Government.
(b) Contribution from workers, employers, Governments for the specified
national minimum social security given as under :
(i)
Rs. 1/- per day for BPL workers by the
Central Government
(ii) Rs. 1/- per day by the employer wherever identified. For those where
employer is not identified, the contribution to be shared by the Central
Government & State Government in the ratio of 3:1
(iii) Rs. 0.75 per worker per day by the Central Government and Rs. 0.25 per
worker per day by the State Government.
On the basis of
the recommendations of the Commission, the Government enacted, ‘Unorganised
Workers’ Social Security Act, 2008 envisaging formulation of social security
schemes for these workers.
The Minister of
State for Labour and Employment Shri Harish Rawat gave this information in
reply to a question in the Lok Sabha today.
The ‘Unorganised
Workers’ Social Security Act, 2008 provides for constitution of National Social
Security Board which shall recommend social security schemes viz life and disability cover, health and maternity
benefits, old age protection and any other benefit as may be determined by the
Government for unorganized workers.
The salient
features of the Act are as under:
·
Section (2) provides for the
definitions, including those relating to unorganised worker, self-employed and
wage worker.
·
Section 3 (1) provides for
formulation of schemes by the Central Government for different sections of
unorganised workers on matters relating
to (a) life and disability cover; (b) health and maternity benefits; (c) old
age protection (d) any other benefit as may be determined by the Central
Government.
·
Section 3 (4) provides formulation
of schemes relating to provident fund, employment injury benefits, housing,
educational schemes for children, skill upgradation, funeral assistance and old
age homes by the State Governments.
·
Section 4 relates to funding of
the schemes formulated by Central Government.
·
Section 5 envisages constitution
of National Social Security Board under the chairmanship of Union Minister for
Labour & Employment with Member Secretary and 34 nominated members
representing Members of Parliament, unorganised workers, employers of
unorganised workers, civil society, Central Ministries and State Governments.
·
Provision for adequate
representation to persons belonging to the Scheduled Castes, the Scheduled
Tribes, the Minorities and Women.
·
The functions of National Board, inter-alia, include: to
recommend to the Central Government suitable schemes for different sections of
unorganised workers; monitor the implementation of schemes and advise the
Central Government on matters arising out of the administration of the
Act.
·
Section 6 has provision for
constitution of similar Boards at the State level.
·
Section 7 relates to funding
pattern of the schemes formulated by the State Governments.
·
Section 8 prescribes record
keeping functions by the District Administration. For this purpose, the State
Government may direct (a) the District Panchayat in rural areas; and (b) the
Urban Local Bodies in urban areas to perform such functions.
·
Section 9 provides for setting up
of constitution of Workers’ Facilitation Centre to (a) disseminate information
on social security schemes available to them (ii) facilitate the workers to
obtain registration from district administration and enrollment of unorganised
workers.
·
Section 10 provides for
eligibility criteria for registration as also the procedure for registration
under the Act.
·
Sections 11-17 contain
miscellaneous provisions for implementing the Act.
The Rules under
the Act have been framed and the Act came into force vide notification dated 14th May, 2009. The National Social Security Board was
constituted on 18.08.2009 and held its meetings to consider extension of RSBY
to other unorganized workers and formulation of other social security schemes
for these workers. The Board has recommended that social security schemes viz Rashtriya Swasthya Bima Yojana (RSBY) providing
health and maternity benefits, Janshree Bima Yojana
(JBY) providing death and disability cover and Indira Gandhi National Old Age
Pension (IGNOAP) providing old age pension may be extended to certain categories
of unorganized workers.
Recognizing the
need for providing social security to workers in the unorganised sector, and as
a follow up to the Unorganised Workers’ Social Security Act, 2008, it has been decided to set up a National
Social Security Fund for unorganised sector workers with an initial allocation
of Rs 1000 crore. This fund will support schemes for weavers,
toddy tappers, rickshaw pullers, Beedi workers etc.
As a follow up of this, the Ministry of Labour and Employment has set up:
1. A Task Force for suggesting schemes for domestic workers. The Task Force has submitted its report to
the Government.
2. A Task Force for suggesting schemes to provide social security to
rickshaw pullers, street vendors and rag pickers.
3. A Task Force to suggest scheme for Pension/Provident Fund for
unorganised workers.
4. A Task Force for suggesting scheme for toddy tappers and Beedi workers.
YSK/PM