West Bengal Unorganised Sector Workers Welfare Act, 2007
No: 24 Dated: Feb, 18 2008
THE WEST BENGAL UNORGANISED SECTOR WORKERS WELFARE ACT, 2007
West Bengal Act XXIV of 2007
An Act to provide for social security and welfare of certain unorganised sector workers and to provide other measures connected therewith or incidental thereto.
Whereas it is expedient to provide for social security measures and welfare schemes with a view to improving the standard of living and to ameliorate the social conditions of certain unorganised sector workers;
It is hereby enacted in the Fifty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows :-
CHAPTER- I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Unorganised Sector Workers Welfare Act, 2007.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, provided, however, that different dates may be appointed for different provisions of this Act and for different employments mentioned in the Schedule appended to this Act.
2. Non-application of the Act. - This Act shall not apply to any person who receives any benefit under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).
3. Definitions. - In this Act, unless the context otherwise requires,-
(a) "beneficiary" means an Unorganised Sector Worker registered under section 15;
(b) "Board" means the West Bengal Unorganised Sector Workers Welfare Board constituted under sub-section (I) of section 4;
(c) "Family" means and includes the Unorganised Sector Worker, his or her spouse and minor legitimate, illegitimate and adopted children dependent upon the beneficiary, and his or her dependent parents;
(d) "Fund" means a fund constituted under sub-section (1) of section 11;
(e) "Notification" means a notification published in the Official Gazette;
(f) "Prescribed" means prescribed by rules made under this Act;
(g) "Schedule" means a Schedule to this Act;
(h) "Scheme" means a scheme introduced under sub-section (1) of section 9;
(i) "Self-employed person" means any person who is not employed by any employer by directly engaged in any occupation specified in Part B of the Schedule relating to unorganised Sector subject to a monthly earning with such a limit as the State Government may, by notification, declare;
(j) "Unorganised Sector" means the Unorganised Sector specified in Part A and Part B of the Schedule and includes any process or branch of work forming a part of such Unorganised Sector;
(k) "Unorganised Sector Worker" means a wage earner and also includes a self-employed person in the Unorganised Sector;
(l) "Wage" means a remuneration paid, directly by the employer or through any agency or contractor whether exclusively by one employer or more employers, in cash or in kind to any unorganised sector worker with such monthly limit as the State Government may, from time to time, notify.
CHAPTER- II
Board, Executive Council, Fund and Schemes
4. Constitution of the Board and the terms and conditions of appointment, and salaries and allowances payable to the Chairman, Vice-Chairman, and other members of the Board. - (1) The State Government shall, by notification in the Official Gazette, constitute a Board to be called "The West Bengal Unorganised Workers Welfare Board" for the purpose of administering the "Fund" created herein and for implementing the schemes introduced under this Act:
Provided that the State Government may set up regional offices under the Board for the purpose of implementing the objects of this Act.
(2) The Board shall be a body corporate with perpetual succession and a common seal and shall sue and be sued by the name of the West Bengal Unorganised Workers Welfare Board.
(3) The Board shall consist of a Chairperson and a Vice-Chairperson to be nominated by the State Government and such number of other members representing the employers, the unorganised sector workers and shall include other officials of the Government, as the State Government may, by order, decide.
(4) The State Government may appoint an officer of the Labour Department as the Secretary of the Board, who shall not be a member of the Board.
(5) The terms and conditions of the appointment and the salaries and other allowances payable the Chairperson, the Vice-Chairperson and the other members of the Board and the manner of filling of casual vacancies by reason of death, resignation or inability to discharge functions owing to illness or other incapacity or for and other reason by, the Chairperson, the Vice-Chairperson and the other members of the Board shall be such as may be prescribed.