Rule 9: National Social Security Board

Finin2min analysis — operative rule mechanics

Full notified text — Rule 9

9. National Social Security Board.–(1)(a) A member of the National Social Security Board
other             than           an      ex          officio        member           thereof,
shall hold office for a period not exceeding three years from the date of his nomination and
shall be eligible for re-nomination:

        Provided that a member, other than an ex officio member, shall not hold the office for more
than total of two terms.

(b) The Central Government shall seek nominations from amongst the representatives of associations
of unorganised sector workers and employers‘ associations of unorganised sector, in the National
Social Security Board in the category of sub-clauses (i) and (ii) of clause (c) of sub-section (2) of
section 6 in such manner as it may determine.

(c) The Central Government shall nominate seven persons under sub-clause (iii) of clause (c) of sub-
section (2) of section 6 from amongst persons of eminence in the fields of labour welfare,
management, finance, law and administration.

(d) The Central Government shall seek nominations of two Lok Sabha members from the Speaker of
the Lok Sabha and one member from the Chairman of the Rajya Sabha under sub-clause (iv) of clause
(c) of sub-section (2) of section 6, as the case may be.

(e) The Central Government shall nominate ten members under sub-clause (v) of clause (c) of sub-
section (2) of section 6 representing Ministries or Departments of the Central Government, concerned
with the matters related to the welfare of the unorganised sector workers.

(f) The Central Government shall nominate five members representing the State Governments under
sub-clause (vi) of clause (c) of sub-section (2) of section 6, and one member representing Union
territories under sub-clause (vii) of clause (c) of sub-section (2) of section 6 on rotation basis in such
manner, as it may determine.

(g) A member nominated under sub-clauses (i), (ii) and (iii) of clause (c) of sub-section (2) of section
6, shall cease to be a member of the National Social Security Board, if he
ceases to represent the category of interest from which he was so nominated:

        Provided that out of seven persons nominated under said sub-clause (i),
one member each from the Scheduled Caste, the Scheduled Tribe, the minorities and women
shall be represented.

(h) A member nominated under sub-clause (iv) of clause (c) of sub-section (2) of section 6
shall cease to be a member of the National Social Security Board, if he ceases to be a member
of the House of Parliament by which he was so elected.

(i) No person shall be chosen as, or continue to be, a member of the National Social Security Board if
such person attracts any provision of section 8.

(2) (a) The National Social Security Board for Unorganised Workers constituted under section 6
shall be the Board referred to in sub-section (6) of section 114, for the gig and platform workers.

(b) A member of the National Social Security Board, other than an ex officio member thereof, shall
hold office for a period not exceeding three years from the date of his nomination and shall be
eligible for re-nomination:

         Provided that a member, other than an ex officio member, shall not hold the office for more
than total of two terms.

(c) The Central Government shall nominate five members under clause (a) of sub-section (6) of
section 114, as representative of aggregators on rotation basis from amongst the types of the
aggregators mentioned in the Seventh Schedule.

(d) The Central Government shall nominate five members under clause (b) of sub-section (6) of
section 114 from amongst the gig workers and platform workers, on rotation basis, representing the
different types of gig workers and platform workers.

(e)The Central Government shall nominate five members as experts from amongst persons of
eminence in the field of labour welfare, management, finance, law, administration, e-commerce or
information technology under clause (e) of sub-section (6) of section 114.

(f) In the discharge of functions of the National Social Security Board for the purpose of the welfare
of gig workers and platform workers, the quorum for transaction of business at any of the meeting
shall be six members.

(g) The National Social Security Board may constitute an expert committee to advise it on matters
related to the welfare of gig workers and platform workers, assessment of number of gig workers and
platform workers, identifying the new types of aggregators or any other matter related to gig workers
and platform workers.

(3) (a) The National Social Security Board, for discharging its functions as assigned to it, under sub-
section (7) of section 6, may constitute a committee to deliberate and recommend on the specific
issues as may be assigned to such committee;

(b) Such committee may co-opt members from such Board or outside, as the case may be, from the
fields of the experts, on which the committee is required to deliberate.

(4) (a) The Central Government shall initiate the process for reconstitution of the National Social
Security Board, prior to six months of expiry of the term of the Board.

(b) If the new Board is not re-constituted after completion of the term of the National Social Security
Board, such arrangements may be made for discharging the functions of the Board as may be decided
by the Central Government for the period till the new Board is constituted, through a notification.

(c) Consequent upon institution of arrangement referred to in clause (b), all actions taken shall have
the same effect as if it has been carried out by the Board itself.

(5) (a) A member of the National Social Security Board, not being an                                ex
officio member, may resign by a letter in writing addressed to the Central Government.

(b) 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.

(c) The power to accept the resignation of such a member shall vest with the Central
Government.

(6)If such a member changes his address, he shall notify his new address to the Member-
Secretary of the Board who shall thereupon enter his new address in the official records:

         Provided that if a member fails to notify his new address, the
address in the official records shall for all purposes be deemed to be the member‘s correct
address.

(7) When a vacancy occurs or is likely to occur in the membership of the National Social
Security Board, Member-Secretary of the Board shall submit a report to the Central
Government and on receipt of such report, the Central Government                             may,
by notification, nominate a person to fill the vacancy in the manner specified under sub-rules (1)
and     (2)     of   rule    9,    and      the    person     so    nominated      shall     hold
office for the remainder of the term of office of the member in whose place he is nominated.

(8) (a) During the pendency of the proceeding, if any, under clauses (b) and (c) of sub-section (2) of
section 8, for removal of a member of the National Social Security Board for Unorganised Workers,
such member shall abstain from the meetings of the Board;

(b) the decision of the Central Government, on the debarment, dis-qualification and removal of any
member under section 8, shall be final.

Application and evidence

1. Primary statutory test — (1)(a) A member of the National Social Security Board other than an ex officio member thereof, shall hold office for a period not exceeding three years from the date of his nomination and shall be eligible for re-nomination:
2. Additional operative limb — Provided that a member, other than an ex officio member, shall not hold the office for more than total of two terms.
3. Qualification / exception to test — Provided that a member, other than an ex officio member, shall not hold the office for more than total of two terms. (b) The Central Government shall seek nominations from amongst the representatives of associations of unorganised sector workers and employers‘ associations of unorganised sector, in the National Social Security Board in the category of…
4. Numerical or timing control — National Social Security Board.–(1)(a) A member of the National Social Security Board other than an ex officio member thereof, shall hold office for a period not exceeding three years from the date of his nomination and shall be eligible for re-nomination:
5. Code Section mapping — 6. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Central Government, State Government.

Cross-references & prescribed forms

Worked example

Q&A — Rule 9

Primary sources