R.N.I. No. TELMUL/2016/73158. [Price : ` ` ` ` `. 6-00. HSE.No.1051/2020-2022.
RULES SUPPLEMENT TO PART-I
EXTRAORDINARY
OF
THE TELANGANA GAZETTE
PUBLISHED BY AUTHORITY
No. 06 ] HYDERABAD, FRIDAY, APRIL 9, 2021.
NOTIFICATIONS BY GOVERNMENT
–––x–––
LABOUR EMPLOYMENT TRAINIG AND FACTORIES
DEPARTMENT
(LAB.I)
AMEDMENT TO THE TELANGANA STATE UNORGANIZED
WORKERS SOCIAL SECURITY RULES, 2012.
[G.O. Ms.No.16, Labour Employment Training and Factories (LAB.I),
8th April, 2021.]
In exercise of the powers conferred by Section 14 of the Unorganized
Workers' Social Security Act, 2008 (Central Act 33 of 2008), Government
hereby issue the following amendments to the Telangana State Unorganized
Workers Social Security Rules, 2012 issued in G.O.Ms.No.20, L.E.T. & F.
(Lab-IV) Department, Dated:17.02.2012 and as subsequently amended from
time to time:-
[1]
G-51.
2 TELANGANA GAZETTE EXTRAORDINARY [Part -I
AMENDMENT
In the said Rules,
1. For rule 3, the following shall be substituted, namely,-
"3. Telangana State Social Security Board:-
(1) The Government shall, constitute a Board to be known as the
Telangana State Social Security Board.
(2) The Board shall consist of a Chairperson and such number of other members representing the Unorganized Workers, employers of unorganized workers, Members of Legislative Assembly, eminent persons from civil society and officials of the Government, having eminence in the fields of labour welfare, management, finance, law and administration, as the State Government may by order decide.
Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the Minorities and Women.
(3) An Officer not below the rank of Joint Commissioner of Labour shall be appointed as Secretary of the Board for performing executive functions, who may, but need not be a member of the Board."
2. In rule 5,
(a) for sub-rules (2) and (3), the following shall be substituted,
namely,-
"(2) The seat of such a member shall fall vacant from the date on which his resignation is accepted or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.
(3) The power to accept the resignation of a member shall vest in the Government, and on accepting the resignation, the Chairperson shall report to the Board at its next meeting."
3. Rule 6 shall be omitted.
April 9, 2021] RULES SUPPLEMENT 3
4. In rule 7, for the words "Member-Secretary", the word "Secretary"
shall be substituted.
5. In rule 8,
(a) for the words "Member-Secretary", the words "Secretary
of the Board" shall be substituted;
(b) in the proviso thereunder,
(i) for the words "Member-Secretary", the words
"Secretary of the Board" shall be substituted;
(ii) the words "removal or" shall be omitted.
6. In rule 10,
(a) in the opening paragraph, in line 5, for the word "that", the
word "the" shall be substituted;
(b) in the proviso thereunder, for the words "a second or a casting
vote", the words "the final word" shall be substituted.
7. In rule 11, in sub-rule (1), for the word "four", the word "three" shall
be substituted.
8. After rule 11, the following new rule shall be inserted, namely,-
"11A. Vacancies, etc., not to invalidate proceedings:- No proceedings of the State Board shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the State Board."
9. Rule 14 shall be substituted with the following, namely,-
"14. Functions of the Board: (1) The State Board shall perform its functions in accordance with the provisions laid down in sub- Section (8) of Section 6 of the Act.
(2) The Board may also adopt such procedures, forms and registers etc., as are required for carrying out the said functions. Such Schemes, procedure to be followed, forms and registers etc., shall be approved by the Government, before they are implemented."
10. Rule 15 shall be substituted with the following, namely:-
"15. Staff of the Board: The Government may sanction such number of posts for proper administration of the Board, based on the proposals received from the Secretary of the Board." 4 TELANGANA GAZETTE EXTRAORDINARY [Part -I
11. In rule 16, for the words "Secretary', wherever it occurs, the words
"Secretary of the Board" shall be substituted.
12. After rule 16, the following rules shall be inserted, namely,-
"17. Budget of the Board:– The Secretary of the Board shall cause the budget estimates of the fund containing estimated receipts and expenditure for every financial year to be prepared and laid before the Board by 31st January every year and the Board will approve the budget before the 15th March. The details of all immovable and movable assets of the Board including the Bank deposits, expenditure incurred on Welfare Schemes, administration and other sub-heads against the current year's approved budget, and a detailed progress report on the functioning of the Board during the current year, shall be placed before the Board as annexure to the Budget. Thereafter, the budget copies shall be forwarded to the Government.
18. Operation of the Bank Account:- (1) The Secretary of the Board shall open a Current Account in a Nationalized Bank for depositing the subscriptions, etc., after obtaining the prior permission of the Government.
(2) The Accounts shall be operated by the Secretary of the
Board.
(3) The Accounts with each of the Bank shall be reconciled once in every quarter with the Cash Book of the Board. The consolidated debits and credits of Bank Accounts shall tally with the Income and Expenditure of the Fund. A Bank Reconciliation Statement shall be made as at the end of every quarter to explain in inconsistencies between the fund Account maintained in the Board and the Bank Accounts.
(4) In the contingency of non-availability of Secretary of the Board and in case of exigency, for reasons to be recorded in writing, the accounts may be operated by an officer not below the rank of Joint Commissioner of Labour approved by the Commissioner of Labour. However, such transactions shall be placed before the Board in its next meeting and shall obtain ratification orders of the Government.
19. Maintenance and Audit of Accounts of the Board:-(a) The
April 9, 2021] RULES SUPPLEMENT 5
Board shall maintain proper accounts and other relevant records and prepare annual statement of accounts including statement of Income and Expenditure and balance sheet, in such form as may be notified by the Government in consultation with the Comptroller and Auditor General of India.
(b) The accounts of the Board shall be balanced on the 31st
March of each year.
(c) The Accounts of the fund shall be maintained by the Secretary of the Board and shall be audited by the Comptroller and Auditor General of India.
(d) The Government may, also at any time, order special
audit of the accounts of the Board.
(e) The expenses for the audit shall be as may be approved
by the Government.
20. Annual report: - (a) The Secretary of the Board shall prepare an Annual Report in a descriptive form explaining all the welfare and other activities of the Board during the Financial Year and submit the same to the Central and State Governments along with the Auditor's Report and Balance Sheet, duly approved by the Board, before the 15th July succeeding the Financial Year.
(b) The State Government shall cause the Annual Report and Auditor's Report to be laid, as soon as may be after they are received, before the State Legislature."
13. After rule 20, the following rule shall be inserted, namely,-
"21. Outsourcing of certain operations of the Board: The Board may outsource the operations such as Maintenance of Beneficiary Accounts, Issuance of Identity Cards, Receipt of Contributions, Registration Fee, Cess, etc.; and implementation welfare measures, as a cost effective measure, taking proper care about the safety of funds, control over implementation and such other measures as are essential for effective implementation of the provisions of the Act. However, such proposals shall be approved by the Government, before they are implemented."
14. In rule 22, sub-rules (1), (2) and (3) shall be omitted.
6 TELANGANA GAZETTE EXTRAORDINARY [Part -I
15. In rule 24, before the opening paragraph, the marginal heading i.e.
"Power of Government to give directions" shall be inserted.
16. Rule 25 shall be omitted.
17. For rule 26, the following rule shall be substituted, namely:-
"26. Registration of beneficiaries: (1) The Government shall by notification, appoint any officer of the Labour Department, as Registering Authority for the purpose of Registration of the Unorganized Workers. Provided that, the officers already authorized by different departments in the State for registration of beneficiaries in the unorganized sector falling under their departments under various welfare schemes shall continue to be the Registering Authorities and shall take up registration of beneficiaries under respective schemes.
(2) If the Registering Authority is satisfied that, the registration was obtained by mis-representation, fraud or suppression of any material fact, the registering authority may be revoke, suspend or cancel the registration.
(3) Renewal of the registration shall be done by the
registration authority.
(4) Every unorganized worker who has completed fourteen years of age, but has not completed sixty years of age, and who has been engaged in any unorganized sector work shall be eligible for registration as a beneficiary under the Act / Rules.
(5) An application for registration shall be made in Form-I to
the Officer as notified by the Government in this behalf.
(6) The fee for registration of worker shall be Rs.30/- and fee for renewal shall be Rs.20/- and fee for any change of nominations and for issue of duplicate Identity Cards shall be Rs.10/- (excluding Photo of the beneficiary). Provided that an application for registration / renewal shall not be rejected without giving the applicant an opportunity of being heard.
(7) If the Registering Authority is satisfied that the applicant has complied with the provisions of the Act and Rules made there under, he shall register the name of the unorganized worker as a beneficiary under the Act.
April 9, 2021] RULES SUPPLEMENT 7
(8) Every registration made under sub-rule 8 shall be renewed for a period of 1 (one) year or for such number of years as may be prescribed commencing from the date of its expiry.
(9) Every application under sub-rule 6 shall be accompanied
by such documents."
18. For the word "Chairman" wherever it occurs, the word "Chairperson"
shall be substituted.
The Commissioner of Labour, Telangana shall take necessary further
action in the matter.
8 TELANGANA GAZETTE EXTRAORDINARY [Part -I
Form – I
(See Rule 26 (5))
Name of the unorganized worker: .......................................................
Father's / husband's name: .................................................................
Occupation: .......................................................................................
Address: ............................................................................................
Present:...............................................
Permanent:
Dependents:.......................................................................................
(a) Father:....................................................................................
(b)Mother:...................................................................................
(c) Dependent children:................................................................
(d) Others: ............................................................................
Signature of the unorganized worker
I.RANI KUMUDINI,
Special Chief Secretary to Government.
Printed and Published by the Commissioner of Printing, Government of Telangana at
Government Central Press, Chanchalguda, Hyderabad.