Section 6: National Social Security Board and State Unorganised Workers’ Board

Finin2min analysis — what the section actually does

Full statutory text — Section 6

6. National Social Security Board and State Unorganised Workers’ Board.—(1) The Central
Government shall, by notification, constitute a National Social Security Board for unorganised workers to
exercise the powers conferred on, and to perform the functions assigned to, it under this Code, in such
manner as may be prescribed by the Central Government.
   (2) The National Social Security Board shall consist of the following members, namely:—
      (a) Union Minister for Labour and Employment as Chairperson;
      (b) Secretary, Ministry of Labour and Employment as Vice-Chairperson;
      (c) forty members to be nominated by the Central Government, out of whom—
         (i) seven members representing unorganised sector workers;
         (ii) seven members representing employers of unorganised sector;
         (iii) seven members representing eminent persons from civil society;
         (iv) two members representing the Lok Sabha and one from the Rajya Sabha;
         (v) ten members representing Central Government Ministries and Departments concerned;
         (vi) five members representing State Governments;
         (vii) one member representing the Union territories; and

      (d) the Director General Labour Welfare, as Member-Secretary, ex officio.
   (3) All members except Chairperson of the National Social Security Board shall be from amongst
persons of eminence in the fields of labour welfare, management, finance, law and administration.
    (4) The manner in which members shall be nominated 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 Social Security Board shall be such as may be prescribed by the Central Government:
   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 Social Security Board shall be three years.
   (6) The National Social Security 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
by the Central Government.
   (7) The National Social Security Board shall perform the following functions, namely:—
      (a) recommend to the Central Government for framing suitable schemes for different sections of
   unorganised workers, gig workers and platform workers;
     (b) advise the Central Government on such matters arising out of the administration of this Code as
   may be referred to it;
      (c) monitor such social welfare schemes for unorganised workers, gig workers and platform workers
   as are administered by the Central Government;
      (d) review the record keeping functions performed at the State level;
      (e) review the expenditure from the fund and account; and
      (f) undertake such other functions as are assigned to it by the Central Government from time to time.
    (8) The Central Government may, by notification, constitute with effect from such date as may be
specified therein one or more advisory committee to advise the Central Government upon such matters
arising out of the administration of this Code relating to unorganised workers and such other matters as the
Central Government may refer to it for advice.
   (9) Every State Government shall, by notification, constitute a State Board to be known as (name of the
State) Unorganised Workers' Social Security Board to exercise the powers conferred on, and to perform the
functions assigned to, it under this Code, in such manner as may be prescribed by the State Government.
   (10) Every State Unorganised Workers' Board shall consist of the following members, namely:—
      (a) Minister of Labour and Employment of the concerned State as Chairperson, ex officio;
      (b) Principal Secretary or Secretary (Labour) as Vice-Chairperson;
      (c) one member representing the Central Government in the Ministry of Labour and Employment;
      (d) thirty-one members to be nominated by the State Government, out of whom—
         (i) seven representing the unorganised workers;
         (ii) seven representing employers of unorganised workers;
         (iii) two members representing the Legislative Assembly of the concerned State;
         (iv) five members representing eminent persons from civil society;
         (v) ten members representing the State Government Departments concerned; and
         (e) Member-Secretary as notified by the State Government.

   (11) All members except Chairperson of the State Unorganised Workers' Board shall be from amongst
persons of eminence in the fields of labour welfare, management, finance, law and administration.
    (12) The manner in which members shall be nominated from each of the categories specified in clause
(d) of sub-section (10), 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 State Unorganised Workers' Board shall be such as may be prescribed by the State Government:
   Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the
Scheduled Tribes, the minorities and women.
   (13) The term of the State Unorganised Workers' Board shall be three years.
   (14) The State Unorganised Workers' 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 by the State Government.
   (15) The State Board shall perform the following functions, namely:—
      (a) recommend the State Government for framing 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 Code as
   may be referred to it;
     (c) monitor such social welfare schemes for unorganised workers as are administered by the State
   Government;
      (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.
   (16) The State Government may, by notification, constitute with effect from such date as may be
specified therein, one or more advisory committee to advise the State Government upon such matters arising
out of the administration of this Code relating to unorganised workers and such other matters as the State
Government may refer to it for advice.

How to apply this provision

1. Primary statutory test — (1) The Central Government shall, by notification, constitute a National Social Security Board for unorganised workers to exercise the powers conferred on, and to perform the functions assigned to, it under this Code, in such manner as may be prescribed by the Central Government.
2. Additional operative limb — (2) The National Social Security Board shall consist of the following members, namely:— (a) Union Minister for Labour and Employment as Chairperson;
3. Qualification / exception to test — Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the minorities and women.
4. Numerical or timing control — (5) The term of the National Social Security Board shall be three years.
5. Central Rule mapping — 9, 10, 11, 12. 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.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 6

Source & verification trail