TAMIL NADU STREET VENDING AND SHOPS AND ESTABLISHMENTS WORKERS SOCIAL SECURITY AND WELFARE SCHEME, 2010.

notifications · 1982 · Tamil Nadu

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Parent: The Tamil Nadu Manual Workers (Regulation Of Employment And Conditions Of Work) Act,1982 (264e33f4a18499cfd37562d9d6b5a1faca9e9e51)

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TAMIL NADU STREET VENDING AND SHOPS AND ESTABLISHMENTS WORKERS SOCIAL SECURITY AND WELFARE SCHEME, 2010. No.II(2)/LE/90(m-49)/2011 In exercise of the powers conferred by section 4 read with section 3 of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Tamil Nadu Act 33 of 1982) and in supersession of the Labour and Employment Department Notification No.II(2)/LE/266(d-1)/2001, published at pages 1-17 of Part II Section 2 of the Tamil Nadu Government Gazette. Extraordinary, dated the 28 th February 2001, the Governor of Tamil Nadu, after consultation with the Tamil Nadu Manual Workers' Advisory Committee, hereby makes the following Scheme for the employment in Street Vending and Shops and Establishments, specified in item 50 and 46 in the schedule to the said Act:- THE SCHEME Short title, extent, application and commencement . -(1) This Scheme may be called the Tamil Nadu Street Vending and Shops and Establishments Workers' Social Security and Welfare Scheme, 2010 . It extends to the whole of the State of Tamil Nadu. It shall apply to all manual workers engaged in street vending and it shall also apply to small traders like hawkers, those selling goods either on pavements or by carrying them in baskets or in carts and petty shopkeepers and such other type of workers and shops and establishments employing four and less workers. It shall come into force on the 19 th February 2010. Definitions . -In this Scheme, unless the context otherwise requires.- (a) ―Act‖ means the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Tamil Nadu Act 33 of 1982); (b) ―Board‖ means the ―Tamil Nadu Street Vending and Shops and Establishments Workers' Welfare Board‖, established under section 6 of the Act; (c) ―depe

Rule TOC

4 · . Secretary of the Board . — (1) The Chief Executive Officer of the Board shall be the Secretary to the Board.

3 · [ (b) President or the General Secretary of a trade union of the employment concerned, registered under the Trade Unions Act, 1926 (Central Act XVI of 1926), which has submitted the annual returns in Form E appended to the Tamil Nadu Trade Unions Regulations, 1927, to the Registrar of Trade Unions, for three consecutive years before the date of issue of certificate of employment or any other office – bearer of such trade union authorised by the President or General Secretary of the said trade union, in writing in this behalf;"]

4 · [(d) Village Administrative Officer and for Chennai District, the Revenue Inspector concerned];

4 · Added by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt. 24 th October 2008.

3 · Substituted by G.O.(Ms) No.78,Labour and Employment (I1) Dept, Dt.15

1 · ["(3) (a) The registration of the name of the manual worker with the Board shall be made by the Labour Officer (Social Security Scheme) of the respective district after due verification by the respective Village Administrative Officer and for Chennai district, by the Revenue Inspector concerned.] (b) The registration under this clause is valid for a period of 2[five years] or until the registered manual worker attains the age of sixty years, whichever is earlier‖] (4) Every registered manual worker whose name has been registered under this clause will be issued with an identity card in Form-II free of cost by the 3 [Labour Officer (Social Security Scheme) of the respective district:] (5) In case of loss of the identity card, a duplicate Identity card will be issued by the 4[Labour Officer (Social Security Scheme) of the respective district] on an application made by the registered manual worker concerned and on payment of twenty rupees. (6) (a) Every registered manual worker shall furnish name, address, relationship of the nominee to whom the benefits shall be payable in the event of his death in the application. (b) If a manual worker has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family. Any nomination made by such worker in favour of a person who is not a member of his family shall be void. (c) If at the time of making a nomination the manual worker has no family, the nomination may be made in favour of any person or persons. (i) If the manual worker subsequently acquires a family such nomination shall forthwith become invalid and the manual worker shall make within ninety days of acquiring a family, a fresh nomination in favour of one or more members of his/her family.

2 · Substituted by G.O.Ms.No.134,Labour and Employment (I1) Dept, Dt.18 th November 2014.

1 · ["(d) Where the nomination made is incomplete or becomes void, the assistance shall be released to the legal heirs of the deceased registered manual worker":]

10 · Suspension and cancellation of membership . — (1) 2[ The Labour Officer(Social Security Scheme) of the respective district] may, if he has any reasonable cause to believe that the membership and or benefit under this Scheme has been secured by a registered manual worker by making any statement in relation to, any application or the registration, which is incorrect or false in any material particular or has contravened any of the provisions of the Act, or any Rule or Scheme framed under the Act, suspend such membership pending the completion of any enquiry against the holder of such membership.

1 · Added by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24 th October 2008

1 · Inserted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24 th October 2008.

13 · Contributions. — (1) The contribution payable under this scheme shall comprise contribution payable to the Board by an employer (hereinafter referred to as the ―employer's contribution‖), and the grant made to the Board by the Government, from time to time as contribution to the Fund which shall form part of the Fund.

14 · Renewal of Registration:-- (1) Every manual worker whose name has been registered under Clause 9, shall renew his registration before the expiry of the period of 1[five years] specified in that Clause.

1 · Substituted by G.O.Ms.No.134,Labour and Employment (I1) Dept, 18 th November 2014.

2 · Substituted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24 th October 2008.

1 · Substituted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24

3 · omitted by G.O.Ms.No.37,Labour and Employment (I1) Dept, Dt.28 th February 2011

2 · Added by G.O.Ms.No.37,Labour and Employment (I1) Dept, Dt.28 th February 2011.

4 · added by G.O.Ms.No.37,Labour and Employment (I1)Dept, Dt.28 th February 2011

1 · ["(2-A) In case of disablement due to accident, the registered manual worker shall also be eligible to claim wheel chair or artificial limbs, in addition to the amount of compensation".] (3) Claim:(a) Immediately upon the happening of any accident while in pursuit of his employment resulting in death or loss of limbs or loss of sight, the employer shall send a report to the 2[Labour Officer (Social Security Scheme) of the respective district] and to the Police in Form VI, within three days of such occurrence of the accident. In any other case the report of the accident may be sent to the 3[Labour Officer (Social Security Scheme) of the respective district] either by the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned. The 4[Labour Officer (Social Security Scheme) of the respective district] shall investigate the accident occurred, in the work place either on the report of the accident received from the employer or the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned. (b) In the case of injury or loss of limbs or loss of eyesight specified in items (b) to (e) of sub-clause (3), the claim shall be made by the registered manual workers concerned, in the event of death of a registered manual workers, the claim shall be made by his nominee in Form VII. (c) In case of death of a registered manual worker due to accident, death certificate and post-mortem certificate issued by an authority who is competent to issue such certificate shall be produced by the claimant. If there is delay for more than thirty days in getting the post-mortem certificate, the certificate given by the Tahsildar in this regard shall be produced. (d) In case of loss of limbs or loss of eyesight or, partial disablement due to accident, the claimant should produce a medical certificate issued by a medical officer not below the rank of a Civil Assistant Surgeon.

1 · Inserted by G.O.Ms.No.64,Labour and Employment (I1) Dept, Dt.01.03.2016

18 · Pension Scheme . -(1) Eligibility – Every registered manual worker who has completed 60 years of age is eligible for pension, 3[if he has continued as such worker for a continuous period of not less than five years.]

19 · . A Assistance to meet the funeral expenses of a registered manual worker:--

20 · Assistance on the natural death of a registered manual worker:-- (1) If a registered manual worker dies naturally, the 4[Labour Officer (Social Security Scheme ) of the respective district, after due verification] 5[shall pay a sum of Rs.20,000/(Rupees Twenty Thousand only)] to the nominee of the deceased registered manual worker.

21 · Assistance for education of the son or daughter of a registered manual worker . -6 [(1) The assistance for the education of the Children of a registered manual worker shall be sanctioned by the Labour Officer (Social Security Scheme) of the respective district, after due verification as specified in the Table below:]

3 · The expression ―by the board’, Omitted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt. 24.10.2008.

1 · [(3) The application for assistances specified in Serial numbers 2 and 5 in column (1) of the Table in sub- clause (1) shall be in Form X to be submitted after passing of the course, the application for assistances specified in serial numbers 6 to 10 in column (1) of the said Table shall be in Form XII to be submitted before completion and passing of the course and the application for the assistances specified in serial numbers 1, 3 and 4 shall be in Form XI to be submitted before completion and passing of the course.]

1 · Substituted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24 th October 2008

2 · Substituted by G.O.Ms.No.64,Labour and Employment (I1) Dept, Dt.01.03.2016

1 · Substituted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24 th October 2008

2 · substituted by G.O.Ms.No.39, Labour and Employment (1-2) Department, dated 28.2.2011

24 · Assistance for purchase of spectacles by a registered manual worker . -

1 · Substituted by G.O.Ms.No.122,Labour and Employment (I1) Dept, Dt.24 th October 2008.

2 · [***] Omitted by G.O.Ms.No.90,Labour and Employment (I1) Dept, Dt.2 th June 2015.

3 · Substituted by G.O.Ms.No.168,Labour and Employment (I1) Dept, Dt.09.10.2015

27 · Mode of recovery of amount from employers . -Any amount due from the employer in pursuance of the scheme shall, without prejudice to any other mode of recovery, be recoverable on behalf of the Board as an arrear of land revenue together with interest at such rate as may be notified by the Government.

28 · Power to remove difficulties . -If in the opinion of the Board any difficulty or doubt arises as to the Interpretation of any of the provisions of the Scheme or in the implementation of the Scheme, the Board shall refer the question to the Government and the decision of the Government shall be final and binding.

29 · Construction of reference to the registration, contribution etc., under the Tamil Nadu Manual Workers Social Security and Welfare Scheme, 2001 . -The contribution made by any manual worker and the contribution made by an employer after registration and the consequential benefits accrued to any manual worker under the Tamil Nadu Manual Worker's Social Security and Welfare Scheme, 2001 shall be construed as contribution made and the benefits accrued under this scheme.

2 · Name of the Father/Husband

3 · Date of Birth

4 · Marital Status

5 · Permanent address

6 · Present address

7 · State whether self -employed or employed :

8 · If employed, furnish the name and address of the established and also the name and address of the employer/ contractor

9 · Nature of work :

10 · Number of years engaged in the employment as on the date of application :

11 · Particulars of the member of the family

1 · vide G.O.(D) No.39, Labour and Employment Department dt.28.2.2011

4 · vide G.O.(D) No.230, Labour and Employment Department dt.01.12.2016

5 · vide G.O.(D) No.196, Labour and Employment Department dt.17.11.2017

1 · [ “ 1 . (a) Name of the worker :

1 · Substituted by G.O.Ms.No.151,Labour and Employment (I1) Dept, Dt.12.07.2016

5 · vide G.O.(D) No.102, Labour and Employment (I-1) Department,dated 8.11.2011.

6 · Substituted by G.O.Ms.No.134,Labour and Employment (I1) Dept, Dt. 18 th November 2014.

1 · [―FORM – IV

1 · [The Labour Officer (Social Security Scheme), …………………………….District]

1 · (a)Name of the registered manual

2 · (a) Area :

3 · (a)Name of the nominee :

4 · Whether the claimant is the registered worker?

5 · Date and time of accident

6 · Place of accident :

7 · Whether intimation regarding accident has been given :

8 · Whether the accident resulted in death/

9 · In the case of accidental disability, a certificate :

2 · ["9-A In the case of accidental disability, whether the applicant requires wheel chair/artificial limbs : (strike out whichever is not applicable).";]

10 · (i)Date and time of death(in case of accidental death) :

60 · years of age :

3 · Age (on the date of death) :

5 · Details of the son or daughter for whom educational assistance is sought for:-