Indian Bare Acts: 2008

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Railways (Amendment) Act, 2008

1. Short title and commencement.

(1) This Act may be called the Railways (Amendment) Act, 2008.

(2) It shall be deemed to have come into force on the 31st day of January, 2008.

2. Amendment of Section 2.

In Section 2 of the Railways Act, 1989 (24 of 1989) (hereinafter referred to as the principal Act),-

(a) after clause (7), the following clause shall be inserted, namely:-

‘(7-A) “competent authority” means any person authorized by the Central Government, by notification, to perform the functions of the competent authority for such area as may be specified in the notification;

(b) after clause (29), the following clause shall be inserted, namely:-

‘(29-A) “person interested” includes,-

(i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act;

(ii) tribal and other traditional forest dwellers, who have lost any traditional rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);

(iii) a person interested in an easement affecting the land; and

(iv) persons having tenancy rights under the relevant State laws;

‘(37-A) “special railway project” means a project, notified as such by the Central Government from time to time, for providing national infrastructure for a public purpose in a specified time-frame, covering one or more States or the Union territories;’

3. Insertion of new Chapter IV-A.

After Chapter IV of the principal Act, the following chapter shall be inserted, namely:-

‘CHAPTER IV-A

LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT

20-A. Power to acquire land, etc.

(1) Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land.

(2) Every notification under sub-section (1), shall give a brief description of the land and of the special railway project for which the land is intended to be acquired.

(3) The State Government or the Union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required.

(4) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language.

20-B. Power to enter for survey, etc.

On the issue of a notification under subsection (1) of Section 20-A, it shall be lawful for any person, authorized by the competent authority in this behalf, to-

(a) make any inspection, survey, measurement, valuation or enquiry;

(b) take levels;

(d) set out boundaries and intended lines of work;

(e) mark such levels, boundaries and lines placing marks and cutting trenches; or

(f) do such other acts or things as may be considered necessary by the competent authority.

20-C. Evaluation of damages during survey, measurement, etc.

The damages caused while carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under Section 20-B particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works.

20-D. Hearing of objections, etc.

(1) Any person interested in the land may, within a period of thirty days from the date of publication of the notification under subsection (1) of Section 20-A, object to the acquisition of land for the purpose mentioned in that sub-section.

(2) Every objection under sub-section (1), shall be made to the competent authority in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

Explanation.-For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of sub-section (1) of Section 2 of the Advocates Act, 1961 (25 of 1961).

(3) Any order made by the competent authority under sub-section (2) shall be final.

20-E. Declaration of acquisition.

(1) Where no objection under sub-section (1) of Section 20-D has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification, that the land should be acquired for the purpose mentioned in sub-section (1) of Section 20-A.

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.

(3) Where in respect of any land, a notification has been published under subsection (1) of Section 20-A for its acquisition, but no declaration under sub-section (1) of this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:

Provided that in computing the said period of one year, the period during which any action or proceedings to be taken in pursuance of the notification issued under subsection (1) of Section 20-A is stayed by an order of a court shall be excluded.

(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.

20-F. Determination of amount payable as compensation.

(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) The competent authority shall make an award under this section within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:

Provided that the competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months:

Provided further that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent of the value of the award, for each month of such delay.

(3) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per cent of the amount determined under sub-section (1), for that land.

(4) Before proceeding to determine the amount under sub-section (1) or subsection (3), as the case may be, the competent authority shall give a public notice published in two local newspapers, one of which shall be in a vernacular language inviting claims from all persons interested in the land to be acquired.

(5) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of Section 20-D, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

(6) If the amount determined by the competent authority under sub-section (1) or as the case may be, sub-section (3) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government in such manner as may be prescribed.

(7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

(8) The competent authority or the arbitrator while determining the amount of compensation under sub-section (1) or sub-section (6), as the case may be, shall take into consideration-

(a) the market value of the land on the date of publication of the notification under Section 20-A;

(b) the damage, if any sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;

(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

(9) In addition to the market-value of the land as above provided, the competent authority or the arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market-value, in consideration of the compulsory nature of the acquisition.

20-G. Criterion for determination of market value of land.

(1) The competent authority shall adopt the following criteria in assessing and determining the market value of the land,-

(i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds in the area, where the land is situated; or

(ii) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid;

whichever is higher.

(2) Where the provisions of sub-section (1) are not applicable for the reason that:

(i) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or

(ii) the registered sale deeds for similar land as mentioned in clause (i) of subsection (1) are not available for the preceding three years; or

(iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority,

the concerned State Government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years where higher price has been paid, and the competent authority may calculate the value of the land accordingly.

(3) The competent authority shall, before assessing and determining the market value of the land being acquired under this Act,-

(a) ascertain the intended land use category of such land; and

(b) take into account the value of the land of the intended category in the adjoining areas or vicinity,

for the purpose of determination of the market value of the land being acquired.

(4) In determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, the competent authority may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the competent authority.

(5) The competent authority may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.

(6) For the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the competent authority may utilise the services of experienced persons in the field of agriculture as he considers necessary.

20-H. Deposit and payment of amount.

(1) The amount determined under Section 20-F shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

(5) Where the amount determined under Section 20-F by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under Section 20-1 till the date of actual deposit thereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.

20-I. Power to take Possession.

(1) Where any land has vested in the Central Government under sub-section (2) of Section 20-E, and the amount determined by the competent authority under Section 20-F with respect to such land has been deposited under sub-section (1) of Section 20-H with the competent authority by the Central Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within a period of sixty days of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under subsection (1), the competent authority shall apply-

(a) in case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;

(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a district,

and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.

20-J. Right to enter into land where land has vested in Central Government.

Where the land has vested in the Central Government under Section 20-E, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special railway project or part thereof or any other work connected therewith.

20-K. Competent authority to have certain powers of civil court.

The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record from any court or office;

(e) issuing commission for examination of witnesses.

20-L. Utilisation of land for the purpose it is acquired.

(1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Central Government.

(2) When any land or part thereof, acquired under this Act remains unutilized for a period of five years from the date of taking over the possession, the same shall return to the Central Government by reversion.

20-M. Sharing with landowners the difference in price of a land when transferred for a higher consideration.

Whenever any land acquired under this Act is transferred to any person for a consideration, eighty per cent of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the Central Government.

20-N. Land Acquisition Act 1 of 1894 not to apply.

Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.

20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.

The provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F. 26011/4/2007-LRD, dated the 31st October, 2007, shall apply in respect of acquisition of land by the Central Government under this Act.

20-P. Power to make rules in respect of matters in this chapter.

(1) The Central Government may, by notification, make rules to carry out the purposes of this chapter.

(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 manner of appointment of arbitrator under sub-section (6) of Section 20-F;

(b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of Section 20-H;

4. Repeal and savings.

(1) The Railways (Amendment) Ordinance, 2008 (Ord. 2 of 2008) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.

Salaries and Allowances of Officers of Parliament (Amendment) Act, 2008

1. Short title

This Act may be called the Salaries and Allowances of Officers of Parliament (Amendment) Act, 2008.

2. Amendment of Section 3 of Act 20 of 1953.

In Section 3 of the Salaries and Allowances of Officers of Parliament Act, 1953, in sub-section (1), for the words “forty thousand rupees”, the words “one lakh twenty-five thousand rupees” shall be substituted and shall be deemed to have been substituted with effect from the 1st day of January, 2006.

Unorganised Workers Social Security Act, 2008

Section 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 date as the Central Government may, by notification in the Official Gazette, appoint.

Section 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;

(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.

Section 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;

(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;

(d) educational schemes for children;

(e) skill up gradation of workers;

(f) funeral assistance; and

(g) old age homes.

Section 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,-

(a) scope of the scheme;

(b) Beneficiaries of the scheme;

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

(e) redressal of grievances; and

(f) any other relevant matter.

Section 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

(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) he 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;

(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

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

Section 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

(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.

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 at least 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;

(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.

Section 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.

Section 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.

Section 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;

(d) facilitate the enrolment of the registered unorganised workers in social security schemes.

Section 10. Eligibility and for registration 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.

Section 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.

Section 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.

Section 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.

Section 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;

(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.

Section 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.

Section 16. Saving of 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.

Section 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.

THE SCHEDULE 1

[See Sections 2(i) and 3]

Social Security Schemes for the Unorganised Workers

SI. No.	Name of the Scheme
1.	Indira Gandhi National Old Age Pension Scheme
2.	National Family Benefit Scheme
3.	Janani Suraksha Yojana
4.	Handloom Weavers’ Comprehensive Welfare Scheme
5.	Handicraft Artisans’ Comprehensive Welfare Scheme
6.	Pension to Master craft persons
7.	National Scheme for Welfare of Fishermen and Training and Extension
8.	Janshree Bima Yojana
9.	Aam Admi Bima Yojana
10.	Rashtriya Swasthya Bima Yojana

THE SCHEDULE 2

[See Section 2(m)]

SI. No.	Name of the Act
1.	The Workmen’s Compensation Act, 1923 (8 of 1923)
2.	The Industrial Disputes Act, 1947 (14 of 1947)
3.	The Employees’ State Insurance Act, 1948 (34 of 1948)
4.	The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952)
5.	The Maternity Benefit Act, 1961 (53 of 1961)
6.	The Payment of Gratuity Act, 1972 (39 of 1972)