Bihar Gig and Platform Based Workers (Registration, Social Security and Welfare) Act, 2025
Bihar Gig and Platform Based Workers (Registration, Social Security and Welfare) Act, 2025
1. Short Title, Extent, and Commencement
Short Title, Extent, and Commencement.- 1.
2. This Act may be called the Bihar Gig and Platform Based Workers (Registration, Social Security and Welfare) Act, 2025.
It extends to the whole of the State of Bihar.
3. It shall come into force on such date as the State Government may, by notification in the Bihar Gazette, appoint
It shall come into force on such date as the State Government may, by notification in the Bihar Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
4. This Act applies to: (a) Aggregators, platforms or primary employers operating in the State of Bihar or those operating
2. Definitions Definitions.—In this Act, unless the context otherwise requires, the following terms shall have the following meanings:
- (a) "aggregator" means a digital intermediary or a marketplace that connects a buyer or user of a service with the seller or the service provider, including any entity that coordinates with one or more digital intermediaries for providing the services;
- (b) "Appellate Authority" means the authority as notified by the State Government;
- (c) "Automated monitoring and decision-making systems" means systems which make decisions by automated means with or without human intervention maintained by the aggregator;
- (d) "Board" means the Platform Based Gig Workers Welfare Board constituted under Section 3;
- (e) "Company" means a company as defined in clause
- (20) of Section 2 of the Companies Act, 2013;
- (f) "Fund" means the Platform Based Gig Workers Social Security and Welfare Fund established under this Act;
- (g) "Gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer employee relationship and who works on contract that results in a given rate of payment, based on terms and conditions laid down in such contract and includes all piece-rate workin the Schedule-1;
- (h) "Grievance Redressal Officer" means the authority notified by the State Government under Section 24;
- (i) "Notification" means a notification published in the Bihar Gazette, and the word “notify” shall be accordingly construed;
- (j) "Pay-out" means any final payment made by the aggregator/platform to the Platform Based Gig Workers for any work performed or service rendered through a platform;
- (k) "Platform" means any arrangement providing a service through electronic means, at the request of a recipient of the service, involving the organization of work performed by individuals at a certain location in return for payment, and involving the use of automated monitoring and decision-making systems or human decision making that relies on data;
- (l) "Platform Worker" means a person engaged in or undertaking platform work;
- (m) "Prescribed" means prescribed by rules made under this Act;
- (n) "Primary employer" means any individual or organization directly engaging gig and platform based workers for a particular task against payment;
- (o) "regulations" means the regulations made by the Board under this Act;
- (p) "rules" means the rules made under this Act;
- (q) "Schedule" means a Schedule appended to this Act;
- (r) "State Government" means the Government of Bihar; "Terminate" or "Termination" means materially restricting a platform-based Gig worker access to the digital platform, including blocking such workers' access to the digital platform, suspending a platform-based Gig worker, or making the platform-based Gig worker ineligible to provide services on the digital platform.
- (t) "Unique ID" means the Unique Identification number issued to Gig and Platform workers by the Board under this Act;
- (u) "Welfare Fund Fee" means the fee levied under Section 20 of this Act;
- (v) Words or expressions used but not defined herein shall have the meanings assigned to them in the General Clauses Act, 1897. 3. Establishment of the Platform Based Gig Workers Welfare Board Establishment of the Platform Based Gig Workers Welfare Board.- 1. The State Government shall, on such date as it may appoint, by notification, constitute a body corporate to be known as the The Bihar Platform Based Gig Workers Welfare Board, which shall exercise the powers and perform the duties conferred on it by this Act. 2. The Board shall, as necessary, notify general or sector-specific social security and other benefit schemes to be implemented by it as notified by the State Government. 3. The headquarters of the Board shall be in Patna. 4. Composition of the Board Composition of the Board.- 1.
- (1) The Board shall consist of the following members: i. The Minister in-charge of the Labour Resources Department, Government of Bihar – Ex-officio Chairperson. ii. The Additional Chief Secretary or Principal Secretary or Secretary to the Government, Labour Resources Department, Government of Bihar – Ex-officio Member. iii. The Additional Chief Secretary or Principal Secretary or secretary to Government, Information Technology Department or his nominee not below the rank of Joint Secretary, Government of Bihar. iv. The Additional Chief Secretary or Principal Secretary or secretary to Government, Finance Department or his nominee not below the rank of Joint Secretary, Government of Bihar. v. The Additional Chief Secretary or Principal Secretary or secretary to Government, Commercial Taxes Department or his nominee not below the rank of Joint Secretary, Government of Bihar. vi. The Additional Chief Secretary or Principal Secretary or secretary to Government, Transport Department or his nominee not below the rank of Joint Secretary, Government of Bihar. vii. The Additional Chief Secretary or Principal Secretary or secretary to Government, Social Welfare Department or his nominee not below the rank of Joint Secretary, Government of Bihar. viii. A representative from the Ministry of Labour and Employment, Government of India – Ex-officio Member. ix. The Labour Commissioner, Government of Bihar – Ex-officio Member. x. The Chief Executive Officer appointed by the State Government, who will act as the Executive in-charge of the day-to-day functioning of the Board – Ex-officio Member/Secretary. xi. Four representatives of Platform Based Gig Workers, nominated by the State Government. xii. Four representatives of aggregators/platforms, nominated by the State Government. xiii. Two representatives from civil society having experience or expertise in the Gig and Platform based economy. 2. A technical expert in the field of data collection and IT systems may be invited as and when necessary to provide inputs. 3. The Platform based Gig Workers Welfare Board must have at least one-third of its nominated members as women. 4. The tenure of the nominated members will be three years from the date of appointment, which may be extended further if the Labour Resources
5. Department deems it appropriate until a new nomination is made.
Disqualification and removal of a member of the Board Disqualification and removal of a member of the Board.- 1. No nominated person shall be appointed or retained as a member who is adjudged an insolvent, has been declared of unsound mind, or has been convicted of an offence involving moral turpitude. 2. The board may remove a nominated member on grounds of prolonged absence (more than three consecutive meetings) or if the member is deemed to have misused the position, subject to an opportunity to show cause as prescribed in rules. 3. In the event of any vacancy occurring on account of death, resignation, disqualification, or removal under sub-section (2), such vacancy shall be filled by the Board by fresh nomination for the remaining term as per the rules. 4. Any nominated member of the Board may at any time resign from his/her office by writing under his/her hand addressed to the Chairperson, and his/her office shall, on acceptance of resignation, become vacant. 5. No person shall be chosen as, or continue to be, a nominated member of the Board who- a. is a salaried officer or an employee of the State Government; or b. is or at any time has been adjudged insolvent; or c. is found to be a lunatic or becomes of unsound mind; or d. is or has been convicted of any offence involving moral turpitude; or e. is an aggregator or owner or manufacturer of goods who has defaulted or violated any provision of this Act.
6. Meetings of the Board
Meetings of the Board.- 1. The Board shall meet at intervals as prescribed for the transaction of its business. In special circumstances, the Chairman can call a special meeting on at least three days' prior notice. 2. The Chairperson shall preside over meetings. If the Chairperson is absent, the Additional Chief Secretary/Principal Secretary (Labour Resources Department) shall preside. If both are unavailable, the Labour Commissioner shall chair the meeting. 3. Decisions shall be based on a majority vote. In case of a tie, the presiding officer shall have a casting vote. 4. The quorum for a meeting shall be one-third of the total membership in which at least one representative of Platform Based Gig Workers and one representative of aggregators/platforms must be present. 5.
7. Nominated members shall be entitled to allowances as prescribed for attending meetings.
Powers and Functions of the Board Powers and Functions of the Board.-The Board shall: i. Ensure the registration of Platform Based Gig Workers under this Act. ii. Ensure the registration of Aggregators/Platforms in accordance with this Act. iii. Set up a monitoring mechanism to certify the collection of the Welfare Fund Fee. iv. Implement general and specific social security schemes based on worker contributions and oversee the disbursement of benefits. v. Monitor the social security schemes and recommend improvements to the State Government. vi. Ensure that Platform Based Gig Workers have access to the benefits and facilitate their engagement with the concerned Aggregators/Platforms workers. vii. Constitute a committee to provide recommendations on the formulation, review, and implementation of schemes. viii. Formulate schemes for specific categories (for example, women, persons with disabilities) and advise the government accordingly. ix. Gather compiled data on Platform Based Gig Workers from the respective Aggregators/Platforms. x. Exercise any other functions as conferred by or notified by the Government. xi. In case of non-compliance of the order passed by grievance redressal officer or appellate authority, the board shall refer the case to the competent court as government case. xii.
8. The Board shall have the power to impose penalty in case of failure to submit requisite documents.
Rights of Platform Based Gig Workers Rights of Platform Based Gig Workers.-A Platform Based Gig Workers shall have the right to: a) Get themselves registered through an aggregator/platform with the State Government upon on boarding on any platform irrespective of the work duration, and be provided with a Unique ID applicable across all platforms; b) Access general and specific social security schemes based on the contributions made, subject to any minimum transaction or engagement conditions as prescribed by the Board; c) Utilize a grievance redressal mechanism as specified in Section 24 of this Act; Provided that nothing in this Act shall affect any rights or benefits under any other prevailing law: Provided that nothing in this Act shall affect any right, benefit or protection conferred to Platform Based Gig Workers under any other law for the time being in force.
9. Officers and employee of the Board
Officers and employee of the Board.- 1. An officer of the Bihar Labour Service, not below the rank of Joint Labour Commissioner, shall be appointed as the Chief Executive Officer to perform the executive functions as per this Act and its rules. 2. The State Government shall provide sufficient officers and employees to assist the Board. 3. All officers and employees shall function under the overall superintendence of the Chief Executive Officer. 4.
10. Salaries, allowances, and other service conditions for these officers shall be as prescribed.
Registration of Platform Based Gig Workers Registration of Platform Based Gig Workers.- 1. The State Government shall prescribe the procedure and manner for the registration of Platform Based Gig Workers through an aggregator. 2. Every aggregator operating within the State of Bihar shall mandatorily register all Platform Based Gig Workers engaged through its platform with the State Platform Based Gig Workers Welfare Board within 30 days of commencement of engagement or within 60 days from the date of enactment of this Act, whichever is earlier. 3. Aggregators/platforms shall provide their complete database of all onboarded or registered workers to the Board within sixty days from the commencement of this Act as prescribed. 4. For all workers registered with a Aggregators/Platforms after the commencement of this Act, the relevant data shall be electronically shared with the Board within thirty days of on boarding. The aggregators shall update the Board about any changes, i.e., increase or decrease in numbers of Platform Based Gig Workers in the data provided under sub-section
- (1) in such manner as may be specified in the regulations. 5. The Board shall maintain a comprehensive database of Platform Based Gig Workers in Bihar along with their contractual details. Every worker shall be provided a Unique Identification Number (UID). Provided that the data collected may be used only to achieve the objectives of this Act. 6. Platform Based Gig Workers shall have the right to access and verify their registration status through a State-maintained online portal. 7.
11. The registered Platform Based Gig Workers shall not have right to form association under this act.
Registration of Aggregators/Platforms Registration of Aggregators/Platforms.- 1. Every Aggregators/Platforms shall register with the Board within Sixty days from the commencement of this Act in the prescribed manner. 2. The Board shall electronically maintain a register of Aggregators/Platforms operating in Bihar along with the name and designation of a designated officer responsible for ensuring compliance with this Act. 3. The register of aggregators/platforms shall be published on the Board’s official web portal. 4.
12. Failure to comply with the provisions of this act shall render the aggregator/platform liable to a penalty as determined by the Welfare Board.
Obligation of Fair Contract and Contract Templet Obligation of Fair Contract and Contract Templet.- 1. All contracts entered into between Aggregators/Platforms and Platform Based Gig Workers shall comply with the provisions of this Act. 2. Contracts shall be written in simple language easily comprehensible, and shall be available in Hindi, English or any other local language listed in the Eighth Schedule of the Constitution known to the platform-based Gig worker. 3. Once the contract has been entered into, the aggregator shall notify the platform-based Gig worker of any change in the terms of the contract not less than fourteen days before the proposed change, and the platform-based Gig worker shall have the option to accordingly terminate the contract, without any adverse consequences for their existing entitlements under the previous contract. 4. A platform-based Gig worker may refuse or reject, with reasonable cause, a specified number of Gig work requests per week, as shall be provided in the contractual agreement between the platform-based Gig worker and the Aggregators/Platforms, without any adverse consequences. 5. The State Government shall publish sector specific guidelines for contracts from time to time. 6.
13. The State Government may review contract templates sent by Aggregators/ Platforms, on request, in order to ensure fair contracts with platform-based Gig worker.
Transparency in respect of automated monitoring and decision-making systems Transparency in respect of automated monitoring and decision-making systems.- 1. Aggregators/platforms must inform both workers and users—in simple language and in languages including Hindi, English, or any other local language listed in the Eighth Schedule of the Constitution—about the procedures for seeking information regarding their automated systems. This information must cover impacts on working conditions, earnings, fare determination, customer feedback, and other relevant data. 2. Aggregators/platforms shall take measures to prevent discrimination on the basis of religion, race, caste, gender, place of birth, or disability by any automated system deployed. 3. The Aggregators/Platforms must communicate the following information regarding the respective Platform Based Gig Workers, in writing, in Hindi, English, or any other local language listed in the Eighth Schedule of the Constitution known to the platform-based Gig worker, as and when sought by him – a. the main parameters which, either individually or collectively, are the most important for determining the allocation of work, the distribution of work, the assessment of work carried out, and the grounds for denial of work; b. the rating system, if any, set up by the aggregator; c. categorisation of Platform Based Gig Workers, on the basis of the quality of service rendered, log-in time, or any other criteria, where such categorisation is employed by the aggregator; d. the personal data of the respective Platform Based Gig Workers available with the aggregator, such personal data which is processed by the aggregator, including the purposes for which such personal data is processed; e. any other information that may be notified by the State Government. 5. In cases of account deactivation, suspension, or significant reduction in work opportunities, the Platform/Aggregators shall provide the affected worker with: a. A written explanation outlining the specific reasons; b. The data or actions that led to the decision; c. An opportunity to appeal or request review of the decision within a stipulated timeframe. 6. Right to Information and Review: Platform Based Gig Workers shall have the right to request a review of algorithmic and platform decisions affecting their livelihood.
14. Platforms/Aggregators must establish a mechanism for redressal that includes human oversight and timely resolution.
Termination of Work Termination of Work.- 1. An aggregator/platform may terminate a Platform Based Gig Workers only after following the principles of natural justice and providing valid, documented reasons with a minimum prior notice of seven days. However, in circumstances where there is a threat (physical or mental) to the end user, immediate termination may be allowed. 2. The contractual agreement entered into between the Platforms/Aggregators and the Platform Based Gig Workers shall contain an exhaustive list of grounds for termination of contract by the Platforms/Aggregators or deactivation of the Platform Based Gig Workers from the platform.
15. Income Security
Income Security.- 1. The platform/aggregator shall, in cases of payment deductions, clearly inform the Platform Based Gig Workers of the reasons for such deductions in the invoice generated for work performed. 2. The aggregator/platform shall, ensure that all pay-outs are made without undue delays.
16. Under no circumstances shall the gap between two payment periods exceed 7 days from the date of delivery of service.
Skill Development and Financial Inclusion Skill Development and Financial Inclusion.- 1. It shall be the duty of the Additional CEO, Bihar Skill Development Mission to facilitate the linkage of registered Platform Based Gig Workers with suitable skill development, up skilling, and reskilling programmes under the Bihar Skill Development Mission or such other schemes as may be notified, with a view to enhancing employability, productivity, and economic mobility. 2. Provisions may be made, by rules, for the promotion and in centivisation of worker collectives, cooperatives, or unions comprising Platform Based Gig Workers, including facilitation of legal registration, access to credit and grants, capacity-building assistance, and such other support as may be considered necessary for their effective functioning.
17. Reasonable Working Conditions
Reasonable Working Conditions.- 1. Aggregators/platforms shall provide and maintain, as far as reasonably practicable, a safe working environment that poses no health risk to Platform Based Gig Workers. 2. They shall comply with all applicable sector-specific occupational safety and health standards as prescribed. 3. If an aggregator/platform engages 100 or more Gig/Platform workers within a district, such aggregator/platform shall be required to establish designated rest points for Platform Based Gig Workers at key locations within the district.
18. The specifications and amenities of such rest points shall be prescribed by the state government.
Nomination of a Point of Contact Nomination of a Point of Contact.- 1. Each aggregator/platform shall designate a person as the Point of Contact for queries and clarifications to aid Platform Based Gig Workers. 2. The worker shall have the right to communicate with the designated Point of Contact in Hindi, English, or any other local language listed in the Eighth Schedule of the Constitution.
19. And the contact details of the point of contact for queries and clarifications must be provided on the platform application under the worker’s profile.
Accounts and Audit Accounts and Audit.- 1. The Board shall maintain proper accounts, records, and an annual statement of accounts in the prescribed form. 2. The Fund’s accounts shall be audited annually by the office of the Accountant General of Bihar. 3. The audited accounts and report shall be submitted to the State Government by the Board in the prescribed timeframe as per the rules. 4. The Board shall adhere to any directions issued by the State Government after reviewing the auditor’s report. 5. Administrative expenses for the audit shall be borne by the Fund up to a prescribed limit. 6.
20. All monies in the Fund shall be maintained with a Nationalized Bank.
Social Security and Welfare Fund for Platform Based Gig Workers Social Security and Welfare Fund for Platform Based Gig Workers.- 1. The State Government shall establish the Bihar Platform Based Gig Workers Social Security and Welfare Fund for the benefit of registered workers, comprising: i. All amounts received from the Welfare Fund Fee levied under this Act; ii. Contributions made by individual workers towards any prescribed social security scheme; iii. Grants-in-aid from the State and Central Governments; iv. Amounts received under the Corporate Social Responsibility provisions of the Companies Act, 2013; v. Amounts received as grants, donations, benefactions, or bequests; vi. Compounding fee received under section 28 of this Act. vii. Any other prescribed sources. 2.
21. The Board may spend an amount not exceeding 5% of the annual receipts from the Fund for administrative expenses, subject to the prior approval of the State Government.
Guaranteed Minimum Social Security and Insurance Coverage Guaranteed Minimum Social Security and Insurance Coverage.-
- (1) Social security benefits provided by the Board, as prescribed under the subsequent rules framed thereunder, shall be extended to registered Platform Based Gig Workers while they are engaged in work arrangements for aggregators or platforms, in accordance with their registration on the e-Shram portal and fulfilment of other eligibility criteria as may be specified by the Central or State Governments:
- (a) In the case of accidental death while on duty, a lumpsum of Rs. 4.00 lakh will be paid ex-gratia to families of deceased person, subject to the certification regarding cause of death from the appropriate authority.
- (b) In case accident while on duty a lumpsum of Rs. 16000/- per person, requiring hospitalization for more than a week and a lumpsum Rs. 5400/- per person requiring hospitalization for less than a week shall be paid. This is subject to the certification regarding cause of accident from the appropriate authority. (Note: Injured persons getting treatment under the ‘Ayushman Bharat’ Yojana, will not be eligible for relief under this item.)
- (c) A lumpsum of Rs. 74000/- per person, when the range of disability due to accident while on duty is between 40% and 60% and Rs. 2.50 lakh per person, when the range of disability is more than 60%. This is subject to certification by a doctor from a hospital or dispensary of Government, regarding the extent and category of disability.
- (2) Every female Platform-Based Gig Worker shall be eligible for maternity benefit for a period of ninety
- (90) days of presumed job loss arising due to pregnancy and childbirth.
22. This benefit shall be calculated on the basis of the minimum wage as may be notified for unorganised workers by the State Governments, or as otherwise prescribed by the rules.
Welfare Fund Fee Welfare Fund Fee.- 1. The Government shall levy a Welfare Fund Fee from aggregators/platforms which shall not be less than one percent nor exceed two percent of the pay-out made to a worker in each transaction, or as otherwise notified. 2. Separate fee rates may be prescribed for different types of Aggregators/Platforms based on the services listed in Schedule-I. 3. The fee shall be collected by the notified authority in the prescribed manner and within the prescribed timelines as per the rules. 4. Aggregators/Platforms shall deposit the collected fee into the Fund at the end of each quarter in the prescribed manner. 5. Failure to pay the fee shall attract compound interest from the due date until actual payment is received, as per the rates notified by the State Government. 6.
23. Any amount due under this Act, including any interest or penalty thereon, shall be treated as a public demand and may be realized in the same manner as an arrear of land revenue.
Management Information System (MIS) Management Information System (MIS).- 1. Every transaction on a platform shall be mapped onto a Management Information System
- (MIS) administered and monitored by the State Government. 2. Every payment made to the workers and the fee deducted shall be recorded in the CFMS in the prescribed manner. 3. The details of the fee collection and expenditure at the worker level shall be disclosed via the CFMS. 4.
24. The CFMS shall comply with the prevailing Central and State legislations on data protection.
Redressal of Grievances Redressal of Grievances.- 1. The State Government shall appoint a Grievance Redressal Officer by notification for addressing worker grievances. 2. Any worker may file a grievance in the prescribed format—online, in person, or by any other mode—before the Grievance Redressal Officer regarding any issue concerning entitlements, payments, or benefits under this Act. (The link to the grievance portal must be provided on every aggregator/platform’s application.) 3. The procedure for resolving grievances shall be such as may be prescribed. 4.
25. The Grievance Redressal Officer shall complete an inquiry and pass a reasoned order on the grievance within thirty days of the application.
Appellate Authority Appellate Authority.- 1. An Officer in the cadre of Joint Labour Commissioner (or an equivalent rank) shall be appointed as the Appellate Authority by notification. 2. Any person aggrieved by the decision of the Grievance Redressal Officer may appeal to the Appellate Authority within ninety days of the order. 3. The Appellate Authority shall pass a reasoned order on the appeal within sixty days from the appeal. Decision of Appellate Authority shall be final. 4.
26. The Appellate Authority shall dispose of the appeal in accordance with the prescribed procedure.
Resolution of Disputes Against Aggregators/Platforms Resolution of Disputes Against Aggregators/Platforms.- 1. Every aggregator/platform having at least one hundred
- (100) registered workers shall constitute an Internal Dispute Resolution Committee. 2. The composition and procedure of the Committee shall be such as may be prescribed. 3. The Committee shall resolve any grievance received in writing within thirty days. 4. Notwithstanding anything contained in this section, a platform-based Gig worker may seek resolution of his disputes through the mechanism under the
27. Industrial Disputes Act, 1947 (Central Act 14 of 1947).
Disclosure Obligations Disclosure Obligations.- 1. Aggregators/platforms shall make information regarding the grievance redressal mechanism (Section 24) widely accessible on their platforms. 2. Similarly, details of the dispute resolution mechanism (Section 24) shall be clearly published on the platform. 3.
28. The manner of publication shall be such as may be prescribed.
Cognizance of Offences Cognizance of Offences.- 1. No court inferior to a Judicial Magistrate of the First Class shall try any offence under this Act. 2. Offences under this Act are cognizable, bailable, and compoundable. 3. In trying the offences under this Act, the procedure prescribed in relevant Chapters of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be applicable. 4.
29. Jurisdiction for trying the cases will be Patna.
General Penalties and Punishments General Penalties and Punishments.- 1. Any aggregator, platform, primary employer, or company—who fails to pay the prescribed Welfare Fund Fee under this Act or its associated rules/regulations, shall be punishable with imprisonment up to one year, or with a fine up to Rs. 2 lakhs, or both and if the contravention is continued after the conviction, then, the duration of punishment shall be extended by 6 months or an additional fine up to Rs. 1 lakh shall be imposed or both. 2. Failure or refusal to submit any return, report, or statement required under this Act shall be punishable with a fine which may extend up to 3 months of imprisonment or with a fine of Rs. 50,000.
30. Data Protection and Privacy
Data Protection and Privacy.- 1. The State Government shall ensure that all personal data of Platform Based Gig Workers collected under this Act is processed lawfully, fairly, and securely, in accordance with the provisions of the Digital Personal Data Protection Act, 2023 and other applicable laws. 2. No personal data shall be collected or processed without the prior, informed, and explicit consent of the worker, unless otherwise required under law. 3. Data collection shall be limited to that which is necessary for registration, welfare delivery, and other functions under this Act. 4. The Welfare Board shall implement appropriate technical and organizational safeguards to protect personal data from unauthorized access, misuse, or breach. 5. Access to data shall be restricted to authorized personnel for lawful purposes only. 6. Every registered worker shall have the right to— a) access their personal data; b) request correction or updating of inaccurate data; and c) withdraw consent, subject to applicable law. 7. Personal data shall not be shared with third parties, including platform companies, without the worker’s explicit consent or legal authorization. 8. Notwithstanding, if the data is shared with data fiduciary, the Aggregators/Platforms shall have the mandate to sue the data fiduciary in case of breach of data privacy in accordance to the provision under digital personal data protection act 2023 and other applicable laws. 9. Oversight and Grievance Redressal — a) The State Government shall designate a Data Protection Officer within the Welfare Board to monitor compliance and address grievances. b) Procedures for filing and resolving data-related complaints shall be prescribed by rules.
31. Compounding of Offences
Compounding of Offences.- 1. Any offence punishable under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount twenty five percent of penalty, by such officer or authority as the State Government may, by notification in the Official Gazette, specify in this behalf: a) Provided that, the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount: b) Provided further that, the offences of the same nature committed by the same offender for second time shall be compoundable with permission of court: i. Compounding prior to prosecution shall discharge the offender fully from further proceedings regarding that offence. ii. In cases where prosecution has commenced, the Grievance Redressal Officer may apply to the competent court for case withdrawal, which shall result in discharge or acquittal under the relevant legal provisions.
32. Annual Submission and Reporting by Aggregators/Platforms
Annual Submission and Reporting by Aggregators/Platforms.—The aggregator/ platform shall submit a detailed annual return electronically in the prescribed format to the Board.
33. Annual Report of the Board
Annual Report of the Board.— 1. The Board shall compile an annual report on its activities under this Act and submit it to the State Government. 2.
34. The State Government ensure that the report is laid before the State Legislature as soon as practicable.
Act as an Additional Provision Act as an Additional Provision.—The provisions of this Act shall be in addition to, and not in derogation of, any other law presently in force.
35. Entitlement to more than one benefit
Entitlement to more than one benefit.—No right or entitlement provided for under this
36. Act shall affect any benefit or protection accorded to platform-based Gig workers under any other law for the time being in force.
Power to Make Rules Power to Make Rules.- 1. The State Government may, by notification, make rules for carrying out the purposes of this Act. 2. These rules may cover, without limitation, the following aspects: i. The procedure for Board meetings; ii. Allowance rates for nominated Board members; iii. The registration procedures for aggregators/platforms and subsequent publication of their register; iv. The process of seeking information on automated decision-making systems; v. Sector-specific occupational safety and health standards; vi. Maintenance of accounts and periodic submission of the audited report; vii. Proper handling of Fund monies; viii. The collection and deposit procedures for Welfare Fund Fees; ix. The manner of recovery of dues from aggregators; x. The format and integrity of data submitted to the CFMS; xi. The process for grievance and appeal disposal; xii. The composition and procedure of the Internal Dispute Resolution Committee; xiii. The process of compounding offences; xiv. The procedure for submitting quarterly returns by aggregators/ platforms; xv.
37. Any other matters ancillary or supplementary to achieving the objectives of this Act.
Power to Make Regulations Power to Make Regulations.—The Board may make regulations to provide for the following matters under this Act: 1. The manner of registration of aggregators as per sub-section
- (1) of section 11. 2. The method by which aggregators/platforms must submit the database of all onboarded workers. 3. The procedure for updating and sharing worker data in a timely manner. 4.
38. Any additional matters deemed necessary by the Board to effectively discharge the functions conferred upon it.
Power to Remove Difficulties Power to Remove Difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may be necessary or expedient for removing the difficulty from time to time.
39. Power to Amend Schedules
Power to Amend Schedules .—The State Government may, by notification, amend the entries in Schedule-I.
PDF: pending for this language.
Schedule I
(Services Provided by Aggregators/Platforms)
(B2B) or Business-to-Consumer (B2C).