section 4
This Act applies to: (a) Aggregators, platforms or primary employers operating in the State of Bihar or those operating
Bihar Gig and Platform Based Workers (Registration, Social Security and Welfare) Act, 2025General202539 sections
Statutory text
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
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