ORDER : The Unorganised Workers' Social Security Act has been enacted in the year 2008. Under Section 3 of the Act, there is a provision for framing of schemes. Section 5 contemplates the constitution of a National Social Security Board and Section 6 contemplates constitution of State Social Security Boards. 2. In the affidavit filed on behalf of the Central Government, it is brought to the notice of this Court that Indira Gandhi National Old Age Pension Scheme, National Family Benefit Scheme, Janani Suraksha Yojana, Janshree Bima Yojana, Aam Admi Bima Yojana and Rashtriya Swasthya Bima Yojana schemes have been notified for the unorganised workers. It is also stated in the affidavit that the National Social Security Board constituted in the year 2009, was reconstituted in the year 2013 and its time of three years has expired in February, 2016 and the reconstitution is under process. 3. Since it is more than a year since the period has expired, we direct the Central Government to constitute National Social Security Board in terms of The Unorganised Workers' Social Security Act, 2008 expeditiously and at any rate, within a period of one month from today. 4. Sh. Colin Gonsalves, learned senior counsel appearing for the petitioner submits that despite the Act coming into force in the year 2008 and despite framing of several schemes, no domestic worker has enjoyed the benefit of any scheme. Apparently, this is on account of the fact that the domestic workers have not been registered for the purpose of the benefits. 5. Section 10 of the Act reads as follows :- “Eligibility for registration and social security benefits. 1. Every unorganised worker shall be eligible for registration subject to the fulfilment of the following conditions, namely:- a. he or she shall have completed fourteen years of age; and b. a self-declaration by him or her confirming that he or she is an unorganised worker. 2. Every eligible unorganised worker shall make an application in the prescribed form to the District Administration for registration. 3. Every unorganised worker shall be registered and issued an identity card by the District Administration which shall be a smart card carrying a unique identification number and shall be portable. 4. If a scheme requires a registered unorganised worker to make a contribution, he or she shall be eligible for social security benefits under the scheme only upon payment of such contribution. 5.
4. If a scheme requires a registered unorganised worker to make a contribution, he or she shall be eligible for social security benefits under the scheme only upon payment of such contribution. 5. Where a scheme requires the Central or State Government to make a contribution, the Central or State Government, as the case may be, shall make the contribution regularly in terms of the scheme.” 6. Though it is contemplated under the Act that unorganised workers shall be registered and they be issued identity cards by the District Administration, so far no district administration has taken any steps for the registration of the unorganised workers, it is pointed out. 7. Sh. Ajit Sinha, learned senior counsel appearing for the Ministry of Labour, submits that though it is mandated under the Act that the workers should register, so far the workers have not turned up for the registration as required under Section 10(2) of the Act. 8. Sh. Colin Gonsalves, learned senior counsel, points out that as far as the unorganised workers are concerned, unless there is somebody to pro-actively help them, they will not go for registration and consequently, they will not be getting benefit of any scheme despite the fact that it is more than a decade since the Act has come into force. 9. A suggestion has been made as to whether the services of the para-legal volunteers attached to the Taluk Legal Services Committees can be availed for the purpose of identifying the domestic workers and getting them registered under Section 10, in collaboration with the officers concerned under the Labour Commissioner of the State. 10. The National Legal Services Authority (NALSA) is impleaded as a party-respondent. Notice be served on the Member Secretary, NALSA along with a copy of this order and response be sought within four weeks. 11. Post after six weeks. 12. As requested, necessary correction in the cause title be made within one week.