The Telangana Platform Based Gig Workers (Registration, Social Security and Welfare) Act, 2026
The Telangana Platform Based Gig Workers (Registration, Social Security and Welfare) Act, 2026
Chapter I PRELIMINARY
1. Short title, extent, commencement and application
(1 ) This Act may be called theTelangana Platform Based Gig Workers (Registration, Social Security and Welfare) Act, 2026.
- (2) it extends to the whole of the State of Telangana.
- (3) it shall come into force on such date as the State Government may, by notification in the Telangana Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provISIon ;
- (4) it applies to:- a) Aggregators, platforms operating in the State of Telangana or those operating in any other States across India or overseas rendering one or more services in Telangana State as specified in Schedule-1; b) Every Platform Based Gig Worker registered with the Board under section 10.
Chapter I PRELIMINARY
2. Definitions
In this Act, unless the context otherwise requires,-
- (a) “aggregator" means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider, and includes any entity that coo'rdinates with one or more aggregators for providing the services;
- (b) “Appellate Authority” means the authority as may be notified by the Government under section 23;
- (c) “Automated monitoring and decIsion-makIng systems” means systems which make decisions by automated means, either wholly or partially with or without human intervention maintained by the aggregator;
- (d) “Board” means the Telangana Platform Based Gig Workers Social Security and 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 Telangana Platform Based Gig Workers Social Security and Welfare Fund established under sub-section (1 ) of section 19;
- (g) “Gig worker" means a person who performs work or participates in a work arrangement that results in a given rate of payment, based on terms and conditions laid down in such contract and includes all piece-rate work, and whose work is sourced through a platform, in the services specified in the Schedule;
- (h) “Government” means the Government of Telangana;
- (i) “GrIevance Redressal Officer” means the authority notified by the Government under sub-section (1 ) of section 22;
- (j) “Notification” means a notification published in the Telangana Gazette and the word “notified” shall be construed accordingly;
- (k) “Payout” means any net payments made by the aggregator/platform to the gig worker for any work performed or service rendered through a platform;
- (l) “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;
- (m) “Platform Work” means a work arrangement made outside traditional employer and employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the State Government, in exchange for payment;
- (n) “Prescribed” means prescribed by rules made under this Act;
- (o) “regulations” means the regulations made by the Board under this Act;
- (p) “rules” means the rules made under this Act;
- (q) “Schedule” means Schedules appended to the Act;
- (r) “Termination” means materially restricting the Platform Based Gig Worker to have access to the platform, including blocking, deactivating or suspending access to his account or making him ineligible to provide services on or through the platform irrespective of the period of such restriction ; “Unique ID” means the Unique Identification Number assigned to the platform-based Gig worker registered by the Board under sub-section
- (4) of section 10;
- (t) “Welfare Fund Fee” means the fee levied under sub-section
- (1) of section 20;
- (u) All other words and expressions used herein but not defined, shall have the same meanings as assigned to them in the Telangana General Clauses Act, 1891 or other relevant Acts.
Chapter II CONSTITUTION OF THE BOARD
3. Establishment of Platform Based Gig Workers Social Security and Welfare Board
(1 ) The Government shall, by notification, with effect from such date, as may be specified therein, constitute a Board called the “Telangana Platform Based Gig Workers Social Security and Welfare Board” to exercise the powers conferred on, and to perform the duties and functions assigned to it, under this Act in such manner as may be prescribed ;
- (2) The Board shall, as and when necessary, implement the general or sector specific social security and welfare schemes which shall be implemented by the Board, as may be notified by the Government from time to time;
- (3) The headquarters of the Board shall be at Hyderabad;
- (4) The Board shall be a body corporate having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, tangible and intangible to contract and to sue and be sued, by the said name.
Chapter II CONSTITUTION OF THE BOARD
4. Composition of the Board
(1 ) The Board shall consist of the following members, namely:-
- (i) The Minister in-charge of the Department of Labour, Government of Telangana. Chairperson ex-officio
- (ii) The Special Chief Secretary or Principal Secretary or Secretary to Government, Department of Labour, Government of Telangana. Ex-officio Member
- (iii) Representative from the Ministry of Labour and Employment, Government of India. Ex-officio Member
- (iv) The Special Chief Secretary or Principal Secretary or Secretary to Government, Department of Information and Technology, Government of Telangana. Ex-officio Member
- (v) The Special Chief Secretary or Principal Secretary or Secretary to Government, Finance Department. Ex-officio Member
- (vi) The Special Chief Secretary or Principal Secretary or Secretary to Government, Department of Commercial Taxes, Government of Telangana. Ex-officio Member
- (vii) The Special Chief Secretary or Principal Secretary or Secretary to Government, Department of Transport, Government of Telangana. Ex-officio Member
- (viii) The Commissioner of Labour, Government of Telangana. Ex-officio Member
- (ix) The Chief Executive Officer appointed by the Government shall be Executive in-charge of day-to-day functioning of the Board and carry out duties on behalf of the Board. Ex-officio Member Secretary
- (x) Four
- (4) reprdsentatives of Platform Based Gig workers to be nominated by the Government. Member
- (xi) Four
- (4) representatives of the aggregators / platforms to be nominated by the Government. Member
- (xii) Two
- (2) representatives from the Civil Societies who have working experience or who is an expert in the field of gig and platform economy to be nominated by the Government. Member
- (xiii) a technical expert in the field of data collection, IT systems or any other relevant field to provide inputs as and when necessary. Special Invitee
- (2) At least one woman representative shall be nominated in each category under clauses (x),
- (xi) and
- (xii) of sub-section (1);
- (3) The term of the Board shall be three years.
- (4) The term of the nominated members of the Board shall be for a period of three years from the date of appointment;
- (5) The Government may extend the tenure of nominated members for another one year, if it deems fit and appropriate in public interest.
Chapter II CONSTITUTION OF THE BOARD
5. Disqualification, removal and resignation of a member of the Board
- (1) No person shall be appointed as a member of the Board, or be continued as such, who, –
- (a) is or at any time has been adjudged an insolvent by a competent court of law; or
- (b) is or has been declared to be of unsound mind by a competent authority; or
- (c) is or has been convicted of any offence involving moral turpitude.
- (2) The Government, may by notification remove any member of the Board, who,–
- (a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or
- (b) is absent without leave of the Board for more than three consecutive meetings of the Board;
- (c) in the opinion of the Government, has so abused the position of his office as to render that such member’s continuation in the office is detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member: Provided that, no such person shall be removed under clauses
- (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed from his office.
- (3) Any nominated member of the Board may at any time, resign from his office in writing addressed to the Government, and on acceptance of such resignation, his office shall become vacant.
- (4) in the event of any vacancy occurring on account of death, removal, disqualification or resignation under sub-sections (1),
- (2) and (3), such vacancy shall be filled by the Government by fresh nomination for the remaining term.
Chapter II CONSTITUTION OF THE BOARD
6. Meetings of the Board
- (1) The Board shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings, as may be prescribed: Provided that, the Chairperson may convene a special meeting at any time to address any specific issue upon a written request from at least 1/4th members of the Board, apart from the regular meetings. Provided further that, the Board shall meet at least once in every quarter.
- (2) The Chairperson shall preside over the meetings of the Board. In the absence of the Chairperson; the Special Chief Secretary / Principal Secretary, Department of Labour, Employment, Training and Factories, shall preside over the meeting. If for any reason whatsoever both are unable to attend a meeting of the Board, the senior most ex-officio member in the Board, shall preside over the meeting.
- (3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the members present, and in the event of equality of votes, the Chairperson, or in his absence, the person presiding, shall have a second or a casting vote.
- (4) The quorum for the meeting of the Board shall be 1/3rd of the total members.
- (5) The nominated members of the Board shall be entitled for such allowances, at such rates as may be prescribed, for attending the meetings of the Board.
Chapter II CONSTITUTION OF THE BOARD
7. Powers and functions of the Board
The powers and functions of the Board shall be as follows, namely:-
- (a) Ensure registration of Platform Based Gig workers in accordance with the provisions of this Act;
- (b) Ensure registration of aggregators or platforms in accordance with the provisions of this Act;
- (c) Set up a monitoring mechanism to certify that welfare fund fee is being duly collected;
- (d) Ensure implementation of general and specific social security schemes based on contributions made, as may be notified by the Government and disburse the social security benefits to the Platform Based Gig workers;
- (e) Monitor the schemes for social security of registered Platform Based Gig workers and provide recommendations to the Government for administering such schemes;
- (f) Ensure that Platform Based Gig workers have access to the benefits as per the schemes formulated by the Government and to provide proactive facilitation to them in their engagement with concerned aggregator/platform;
- (g) Constitute a committee for providing the recommendation to the Government for formulation, review and implementation of the schemes;
- (h) Formulate social security schemes for specific groups of Platform Based Gig workers such as women, persons with disabilities etc. and recommend to the Government;
- (i) Seek data of the Platform Based Gig workers who work with respective aggregators and platforms; a) Any other powers or functions as may be conferred or assigned by the Government, as may be notified from time to time.
Chapter II CONSTITUTION OF THE BOARD
8. Rights of Platform Based Gig worker
Platform Based Gig workers shall have the right to,-
- (a) be registered with the Government on being on boarded on any platform, irrespective of the duration of the work, and be provided a Unique ID applicable across all platforms and as may be prescribed;
- (b) have access to general and specific social security schemes based on contributions made by them subject to minimum number of transactions/gig work undertaken by the Platform Based Gig workers with any aggregator or platforms in a quarter as may be notified by the Board; Provided that, in case of death of a platform-based gig worker during the course of work, the requirement relating to minimum number of transactions or gig work shall not apply.
- (c) access a grievance redressal mechanism as specified in section 22:
Chapter II CONSTITUTION OF THE BOARD
9. 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.
Officers and employees of the Board
- (1) An officer of the Labour Department, not below the rank of Deputy Secretary to Government / Joint Commissioner of Labour, shall be appointed as the Chief Executive Officer to perform executive functions as per the provisions of this Act and the rules made thereunder. 2) The Government shall provide the Board with such officers and other employees, as may be required to assist the Board in the discharge of its functions. 3) The officers and other employees of the Board shall discharge their functions under the general superintendence of the Chief Executive Officer. 4) The salaries and allowances payable to and other terms and conditions of service of the officers and other employees of the Board shall be, as may be prescribed.
Chapter II CONSTITUTION OF THE BOARD
10. Registration of platform-based gig worker
- (1) The Government shall prescribe the procedure and manner for self-registration of Platform Based Gig worker.
- (2) The aggregators/platforms shall provide to the Board its database of all platform-based gig workers on boarded or registered with them within Forty-five
- (45) days from the date of commencement of this Act, irrespective of the duration of their engagement with the aggregator, who shall be aptomatically electronically registered in such manner, as may be prescribed.
- (3) The data pertaining to aN Platform Based Gig Workers on boarded or registered with any platform after the commencement of this Act shall be automatically electronically shared with the Board for their registration, and within thirty
- (30) days of being on boarded with the aggregator or platform. The aggregators/platforms shall update and share with the Board about any changes in numbers of Platform Based Gig Workers every quarter.
- (4) The Board shall maintain a database of Platform Based Gig Workers in the State along with the details of their contractual engagement with one or more aggregators / platforms, and notwithstanding the duration or time of engagement with any platform and every Platform based gig worker shall be given a Unique Identification Number (UID)
Chapter II CONSTITUTION OF THE BOARD
11. Provided that, the data so collected by the Board either from the aggregators / platforms or platform-based gig workers shall be used to achieve the aims and objectives of this Act.
Registration of aggregators
- (1) Every aggregator / platform shall register with the Board within forty-five
- (45) days from the date of commencement of this Act in such manner as may be prescribed;
- (2) The Board shall maintain a register of aggregators/platforms operating in the State along with the name and designation of an officer notified by the State Government responsible for carry out obligations under this Act;
- (3) The Board shall publish the register of aggregators/platforms on its web portal.
Chapter III GOVERNANCE AND FAIR PRACTICES
12. Automated monitoring and decision-making systems
- (1) The aggregator / platform must inform the Platform Based Gig Workers, in simple language and in Telugu, Hindi or any other language listed in the Eighth Schedule to the Constitution of India known to the Platform Based Gig Worker, regarding the procedure to seek information in respect of the automated monitoring and decision-making systems employed by the aggregator / platform, which have an impact on their working conditions, including but not limited to fares, earnings, customer feedback and allied information, as may be prescribed.
- (2) The aggregator / platform shall take measures to prevent discrimination on the basis of religion, race, caste, gender or place of birth or on the grounds of disability by the automated monitoring and decision-making systems deployed by the aggregator.
Chapter III GOVERNANCE AND FAIR PRACTICES
13. Obligations to enter into fair contracts and standard rates of remuneration
- (1) All contracts entered into between aggregators, Platforms and platform-based Gig workers shall comply with the provisions of this Act.
- (2) 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 or any material change in the automated monitoring and decision-making system, not less than fourteen
- (14) days before the proposed change, and the platform-based gig worker shall have the option to terminate the contract accordingly, without any adverse consequences for their existing entitlements under the previous contract.
- (3) All terms and conditions of engagement between the platform aggregator and a platform-based gig worker shall be transparent, comprehensive, and made accessible to the concerned worker in a form and language that is easily understood. Such terms shall–
- (a) clearly specify the applicable piece-rate or time-rate norms, including details of payments, deductions, incentives, and the method of calculation of remuneration; and
- (b) explicitly provide for the right of the worker to decline or refuse any task or assignment offered, without adverse consequences, unless otherwise provided under this Act or the rules made thereunder.
- (4) The Government may, by notification, prescribe standard rates of remuneration for platform-based gig workers, either generally or for specific categories of services, work types, or platforms.
- (5) For the purposes of this section, the applicable wage period, the method and norms of computation of the standard rates of remuneration, and classification by skill level, geographical area, or nature of work shall be as such as may be prescribed by the Government.
Chapter III GOVERNANCE AND FAIR PRACTICES
14. Termination of work
An aggregator or platform may terminate a Platform Based Gig Workers by following the principles of natural justice after due enquiry only by giving valid reason/s in writing and with prior notice of seven days.
Chapter III GOVERNANCE AND FAIR PRACTICES
15. However, in case a threat (physical or mental) is foreseen to the end consumer, the Platform Based Gig Workers may be terminated immediately.
Income Security
- (1) In the cases of deductions from payments, the aggregator / platform must inform the Platform Based Gig Workers about the reasons for such deductions from the transaction statement for the work performed by the Platform Based Gig Workers. Every aggregator / platform shall mandatorily make pay-out as per the contract with no delay in disbursal of pay;
- (2) The welfare fee payable by the aggregator / platform under this Act shall not be deducted from any amount payable to the platform-based gig worker on the basis of the contracts or terms and conditions of service prior to the commencement of this Act.
Chapter III GOVERNANCE AND FAIR PRACTICES
16. Reasonable working conditions
- (1) The aggregator must provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the platform-based Gig worker.
- (2) The aggregator shall comply with the applicable, sector-specific, occupational safety and health standards as may be prescribed.
Chapter III GOVERNANCE AND FAIR PRACTICES
17. Nomination of Point of Contact for enquiries
- (1) Each aggregator shall designate a person as a point of contact with a dedicated facilitation centre within their platform, who shall address the queries and clarifications for their platform-based gig workers.
- (2) The worker shall have the option of communicating with the point of contact in Telugu, English or any other language listed in the Eighth Schedule to the Constitution of India known to the Gig and platform worker;
- (3) The contact information of the point of contact shall be provided on the respective Platform Based Gig Workers accounts on the platform application.
Chapter IV FINANCIAL PROVISIONS
18. Accounts and audit
- (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed.
- (2) The accounts of the Fund shall be audited annually by the Office of the Accountant General of the State.
- (3) The accounts of the Fund certified by the auditor, together with the audited report thereon shall be submitted annually by the Board to the Government before such date as may be prescribed.
- (4) The Board shall comply with such directions as the Government may, after perusal of the report of the Auditor, think fit to issue.
- (5) The cost of the audit, as determined by the Government, shall be paid out of the administrative costs of the Fund.
- (6) All monies forming part of the Fund shall be kept in current or deposit account with any Nationalized Bank or as prescribed by the Government.
Chapter IV FINANCIAL PROVISIONS
19. Social Security and Welfare Fund for Platform Based Gig Workers
- (1) The Government shall establish a Fund to be called the Telangana Platform Based Gig Workers Social Security and Welfare Fund for social security and welfare of the registered Platform Based Gig Workers and the following money shall form part of, and be paid into, namely,-
- (a) all sums received from welfare fund fee levied under this Act;
- (b) all contributions made by individual platform and Platform Based Gig Workers towards any specific social security scheme prescribed;
- (c) all sums received as grant-in-aid from the State Government and Central Government;
- (d) Funds received from the Corporate Social Responsibility Fund within meaning of the Companies Act, 2013;
- (e) all sums received by way of grants, gifts, donations, benefactions, bequests or transfers; and
- (f) all sums received from any other sources as may be prescribed.
- (2) The Board may spend an amount not exceeding 5% of the annual receipts for the purpose of the Social Security and Welfare Fund under sub-section
- (1) with the prior approval of the Board, as may be specified by the Government from time to time, to meet the administrative expenses of the Board.
Chapter IV FINANCIAL PROVISIONS
20. Welfare Fund Fee
- (1) The Government shall charge a fee, to be known as the Telangana Platform-Based Gig Workers Welfare Fund Fee, which shall be levied on all aggregators/platforms at such rate and in such manner as may be notified by the Government from time to time.
- (2) The Government may, by notification, specify different rates of the Welfare Fund Fee for different categories of Aggregators or Platforms, having regard to the nature of services provided, as classified in Schedule I.
- (3) The Welfare Fund Fee shall be collected by such authority, in such manner, and within such time as may be prescribed.
- (4) The aggregator/platform shall deposit the Welfare Fund Fee levied under this Act, at the end of the month in such manner, as may be prescribed.
- (5) If any aggregator / platform fails to pay any amount as specified under sub-section (1), shall be liable to pay simple interest on the fee due from the date on which such payment is due till such actual payment at such a rate, as may be notified by the State Government, from time to time.
- (6) The Welfare Fee so collected will count as the total contribution payable under sub-section
- (4) of section 114 of the Code on Social Security, 2020:
Chapter IV FINANCIAL PROVISIONS
21. Provided that, if there is any difference between the Central Act and the State Act, then the higher rate as may be prescribed.
Welfare Fund Fee Verification System (WFFVS)
- (1) All payments made to Platform Based Gig Workers generated on platforms shall be mapped on to a Welfare Fund Fee Verification System (WFFVS) on a real-time basis administered by the Government and monitored by the Board.
- (2) Every payment made to Platform Based Gig Workers and the Welfare Fund Fee deducted by the platforms shall be sent to Welfare Fund Fee Verification System (WFFVS) on a real-time basis for each transaction related to platform-based Gig worker in such manner as may be prescribed;
- (3) All the details of Welfare Fund Fee collected and spent at the Platform Based Gig Workers level shall be disclosed and made available on the Welfare Fund Fee Verification System (WFFVS) on a real-time basis;
- (4) Welfare Fund Fee Verification System (WFFVS) shall be in compliance with the applicable Central and State legislations on data protection for the time being in force.
Chapter V GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION
22. Redressal of grievances of Platform Based Gig Workers
- (1) The Government, by notification shall appoint a Grievance Redressal Officer. for redressal of the grievances of the Platform Based Gig Workers.
- (2) A Platform Based Gig Worker registered under this Act may file an application in the prescribed format either in person or through web portal or any other mode before the Grievance Redressal Officer appointed under sub-section (1), in relation to any grievance arising out of entitlements, social security payments and other benefits provided by the Board under this Act: Provided that, the link to such web portal shall be provided on the platform application of every aggregator/platform registered under this Act.
- (3) The procedure for disposal of the application filed under sub-section
- (2) shaH be in such manner as may be prescribed.
- (4) The Grievance Redressal Officer so appointed under sub-section (1), shall conduct enquiry on such application and shall pass a reasonable order in due compliance with the principles of natural justice within thirty
- (30) days from the date of application.
Chapter V GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION
23. Appellate Authority
- (1) The Government, by notification shall appoint an officer in the cadre of Deputy Commissioner or equivalent rank or cadre as an Appellate Authority.
- (2) Any person aggrieved by the orders of the Grievance Redressal Officer under sub-section
- (4) of section 22, may prefer an appeal to such Appellate Authority appointed under sub-section (1), within ninety
- (90) days from the date of order
- (3) The Appellate Authority shall dispose of the appeal in accordance with such procedure as may be prescribed.
Chapter V GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION
24. Resolution of disputes by Internal Dispute Resolution Committees
- (1) Every aggregator/platform, with at least one hundred
- (100) Platform Based Gig Workers registered on their platform, shall set up Internal Dispute Resolution Committees to resolve the grievances relating to issues as specified in Schedule -II;
- (2) The composition and procedures of the Internal Dispute Resolution Committee shall be such as may be prescribed;
- (3) The Internal Dispute Resolution Committee shall complete its proceedings within thirty
- (30) days on receipt of a written complaint or on behalf of the aggrieved party.
Chapter VI COMPLIANCE AND ENFORCEMENT
25. Disclosure of information
- (1) The aggregator/platform shall ensure that information on the grievance redressal mechanism in section 22 is widely published and easily accessible on their platform.
- (2) The aggregator/platform shall ensure that information on the dispute resolution mechanism in section 24 is'easily accessible on their respective platform.
- (3) The manner of publication of disclosure obligations by the aggregator / platform shall be such as may be prescribed.
Chapter VI COMPLIANCE AND ENFORCEMENT
26. General Penalties and Punishments for offences
- (1) Where any aggregator or platform fails to pay any amount of fee payable under section 20 within the time as may be prescribed, such aggregator or platform shall be liable to pay–
- (a) a fine of fifty thousand rupees for the first contravention;
- (b) a fine of one lakh rupees for the second contravention;
- (c) a fine of one lakh fifty thousand rupees for the third contravention; and
- (d) for the fourth and every subsequent contravention, a fine which shall be five times the amount of the fee due under section 20.
- (2) if an aggregator or platform fails or refuses to submit any return, report, statement or any other information required under this Act or any Rules, Regulations or schemes made or framed thereunder, shall be punishable with fine which may extend to rupees fifty thousand.
- (3) if an aggregator or platform fails to pay the Welfare Fund Fees payable or the fine imposed under this Act, the same shall be recovered as per the provisions of sections 461 to 462 read with section 471 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Chapter VI COMPLIANCE AND ENFORCEMENT
27. Cognizance of Offences
- (1) No court inferior to that of a Judicial Magistrate of the First class shall take cognizance of an offence punishable under this Act, except on a complaint made by the officer appointed under section 32.
- (2) The offences under this Act are cognizable, bailable and compoundable;
- (3) in trying the offences under this Act, the procedure prescribed in Chapter XXI of the Bharatiya Nagarik Suraksha Sanhita, 2023 for trial of summons-cases by Magistrate shall be followed.
Chapter VI COMPLIANCE AND ENFORCEMENT
28. Offences by companies
- (1) Where an offence under this Act, has been committed by a company, every person who, at the time the offence was committed, was directly in charge and responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in sub-section
- (1) shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
- (2) Notwithstanding anything contained in sub-section (1), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any Director, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: for the purposes of this section, -
- (a) “Company” means any body corporate, and includes a firm or other association of individuals; and
- (b) “Director”, in relation to a firm, means a partner in the firm.
Chapter VI COMPLIANCE AND ENFORCEMENT
29. Compounding of offences
- (1) The offences under this Act may be compounded either before or after institution of the prosecution under section 26 or on an application made by the offender on payment of compounding fees as may be prescribed: Provided that, the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable.
- (2) if such compounding of offences is permitted before prosecution under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence and the offender shall be deemed to have been discharged from the offence.
- (3) if the prosecution is already instituted in the competent court, the officer appointed under section 32, may file an application for withdrawal of the case before the competent court and such withdrawal shall have the effect of discharge / or acquittal, as the case may be under section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Chapter VII REPORTING AND MONITORING
30. Submission of Annual Returns by Gig and platform workers
The aggregator / platform shall submit annual returns to the Board electronically in such form as may be prescribed.
Chapter VII REPORTING AND MONITORING
31. Annual Reports
- (1) The Board shall submit to the Government an annual report of its work and activities and the budget finally adopted by the Board.
- (2) The Government shall cause a copy of the annual report, budget and the audited accounts together with the report of the Accountant-General and the comments of the Board thereon to be laid before each House of the State legislature.
Chapter VII REPORTING AND MONITORING
32. Appointment of officers for enforcement of the Act
The Government may appoint officers with such designations as it may deem fit, to function under the general superintendence and control of the Board in such manner as may be prescribed, for effective enforcement of the provisions of this Act, and the rules made thereunder.
Chapter VIII MISCELLANEOUS
33. Act in addition, and not in derogation to other law
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
Chapter VIII MISCELLANEOUS
34. Protection of action taken in good faith and bonafide belief
No suit, prosecution or other legal proceeding shall lie against the Government, any person or authority, for anything which is done in good faith and Bonafide belief or intended to be done in pursuance of this Act or any rule or order made thereunder.
Chapter VIII MISCELLANEOUS
35. Power to make rules
- (1) The Government may, by notification in the Telangana Gazette, make rules not inconsistent with this Act and subject to the condition of previous publication, for the purpose of giving effect to the provisions thereof . after previous publication for carry out the purposes of this Act.
- (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely,-
- (a) The time, place and procedure for meetings of the Board as required under sub-section (1 ) of section 6;
- (b) The rates of allowances for nominated members of the Board under sub-section
- (5) of section 6;
- (c) The manner of registrations of aggregators/platforms with the Board under sub-section (1 ) of section 11 ;
- (d) The manner of publishing of register of aggregators/ platforms by the Board as per sub-sections
- (2) and
- (3) of section 11 ;
- (e) The procedure to seek information regarding automated monitoring and decision-making systems under sub-section
- (1) of section 12;
- (f) Sector specific occupational safety and health standards under sub-section
- (2) of section 16;
- (g) The manner in which proper accounts, annual statements of accounts including balance sheet and other relevant records must be maintained under sub-section (1 ) of section 18;
- (h) The date of submission of the audited report by the Board under sub-section
- (3) of section 18;
- (i) The manner in which the monies of the Fund shall be kept under sub-section
- (6) of section 18;
- (j) Sums received from any other sources under clause
- (b) and
- (f) of sub-section
- (1) of section 19;
- (k) The manner of collection of Welfare Fund Fee under sub-section
- (3) and
- (4) of section 20;
- (l) The manner of deposit of the Welfare Fund Fee by the aggregator/platform at end of each month under sub-section
- (4) of section 20;
- (m) The manner of recovery of due amount from aggregators etc., under sub-section
- (5) of section 20;
- (n) The form in which payment made to Gig and Platform workers and the Welfare Fund Fee deducted shall be recorded on the Welfare Fund Fee Verification System (WFFVS) for each transaction under sub-section
- (2) of section 21 ;
- (o) The manner of disposal of the petition under sub-section
- (3) of section 22;
- (p) The manner of disposal of appeal under sub-section
- (3) of section 23;
- (q) The manner of the composition and procedure of the Internal Dispute Resolution Committee under sub-section
- (2) of section 24;
- (r) The manner of publishing of disclosure obligations under sub-section
- (3) of section 25; The manner of compounding under sub-section (1 ) of section 29;
- (t) The manner of submission of Annual return by the aggregator/platform under section 30;
- (u) Any other matter in addition to or ancillary thereto;
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36. Power to make regulations
- (1) The Board may, by notification, make regulations, not inconsistent with this Act and the rules made or framed thereunder to carry out the provisions of this Act.
- (2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -
- (a) the manner in which the aggregators / platforms shall provide the database of all Gig workers on boarded or registered with them to the board under sub-section
- (2) of section 10;
- (b) the manner in which the latest data of all platform-based Gig workers engaged by aggregators/platforms shall be shared as per sub-section
- (3) of section 10;
- (c) Any other matter which the Board may deem fit to discharge the functions.
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37. Prior publication of rules, regulations, etc
The power to make rules, regulations and schemes under this Act, shall be subject to the condition of the previous publication of the same being made, in the following manner, namely: –
- (a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five
- (45) days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the Telangana Gazette;
- (b) such rules, regulations and schemes shall finally be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act:
Chapter VIII MISCELLANEOUS
38. Provided that the Government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section.
Power to remove difficulties
- (1) if any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by notification or order, in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may be necessary or expedient for removing such doubt or difficulty: Provided that, no such order shall be made under this section after the expiry of a period of three
- (3) years from the commencement of this Act.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature.
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39. Power to amend Schedules
If the Government is satisfied that it is necessary or expedient so to do, it may, by notification amend the Schedules.
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40. Laying of rules, regulations, schemes etc
Every rule, regulation, notification and scheme made or framed by the Board or Government as the case may be, under this Act shall be laid, as soon as may be after it is made or framed, before each House of the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation, notification or scheme, as the case may be, or both Houses agree that the rule, regulation, notification or scheme, as the case may be, should not be mach, such rule, regulation, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, notification or scheme, as the case may be.
PDF: pending for this language.
- Disputes raisable by Gig and Platform Worker
[see section 24] DISPUTES RAISABLE BY GIG AND PLATFORM WORKER 1. Aggregator/platforms fails to communicate information sought by the gig worker regarding automated monitoring and decision-making systems under sub-section
- (1) of section 12; 2. Aggregator/platforms terminates work on grounds not mentioned in the contract, in violation of section 13; 3. Aggregator/platforms terminates work without notice, in violation of section 14; 4. Aggregator/platforms fails to make payout as per contract and fails to provide reasons for deductions in pay as provided for under section 15; 5. Aggregator/platforms fails to comply with sector specific reasonable working conditions as may be prescribed, under section 16.