PART II
CENTRAL ADVISORY COMMITTEE, REGISTRATION OF ESTABLISHMENTS
CHAPTER III
CENTRAL ADVISORY COMMITTEE
10. Constitution of Central Advisory Committee
The Central Building and Other Construction Workers' Advisory Committee (hereinafter referred to as the Central Advisory Committee) shall consist of--
- a Chairperson to be appointed by the Central Government;
- three Members of Parliament, of whom two shall be elected by the House of the People and one shall be elected by the Council of States -- Members
- Director General -- Member ex officio;
- Director General Labour Welfare, Ministry of Labour, New Delhi -- Member;
- Director General Factory Advice Services and Labour Institutes, Mumbai -- Member;
- four persons out of whom at least one shall be a woman to be nominated by the Central Government representing the building workers -- Members;
- four persons to be nominated by the Central Government for representing the employers connected with the building and other construction work -- Members;
- two persons to be nominated by the Central Government representing one from the national level association of architects or engineers and one from an accident insurance institution.
11. Terms of Office
- The Chairperson of the Central Advisory Committee shall hold office as such for a period of three years from the date on which his appointment is notified in the Official Gazette.
- Each member referred to in clause (b) of rule 10 shall hold the office for three years or till he remains a member of the House of People or Council of States, as the case may be, whichever is earlier.
- The members referred to in clause (c), clause (d) and clause (e) of rule 10, shall hold office as such during the period as the Central Government may specify.
- Each of the members referred to in clause (f), clause (g) and clause (h) of rule 10 shall hold office as such for a period of three years commencing from the date on which his appointment is notified in the Official Gazette:
PROVIDED that where the appointment of the successor of any such member has not been notified in the Official Gazette on or before the expiry of the said period of three years, such member shall, notwithstanding the expiry of the period of his office, continue to hold such office until the appointment of his successor is notified in the Official Gazette.
- If a member is unable to attend a meeting of the Committee, the Central Government may, after notice in writing to such member and the Chairperson of the Central Advisory Committee, nominate a substitute of such member to attend the meeting and such a substitute member shall have all the rights and privileges of such member in respect of that meeting.
- The Central Advisory Committee shall be reconstituted after every three years.
12. Resignations
(1) A member of the Central Advisory Committee, not being an ex officio member, may resign his office by a letter in writing addressed to the Central Government through its Secretary in the Ministry dealing with Labour, with prior information to the Chairperson of such Committee.
(2) The seat of such a member shall fall vacant from the date on which his resignation is accepted by the Central Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by that Government whichever is earlier.
13. Cessation of membership
If any member of the Central Advisory Committee, not being an ex officio member, fails to attend three consecutive meetings of such Committee, without obtaining the leave of the Chairperson of such Committee for such absence, he shall cease to be a member of such Committee:
PROVIDED that the Central Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of such Committee.
14. Disqualification for membership
(1) A person shall be disqualified for being a member of the Central Advisory Committee--
(i) if he is of unsound mind and stands so declared by a competent court;
(ii) if he is an undischarged insolvent; or
(iii) if he has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude.
(2) Where a question arises as to whether a disqualification has been incurred under sub-rule (1), the Central Government shall decide such question.
15. Removal from membership
The Central Government may remove from office any member of the Central Advisory Committee, if in its opinion such member has ceased to represent the interest which he purports to represent on such Committee:
PROVIDED that no such member shall be removed unless a reasonable opportunity is given to him of making a representation against the proposed action under this rule.
16. Manner of filling vacancies
When a vacancy occurs or is likely to occur in the membership of the Central Advisory Committee, the Chairperson of such Committee shall submit a report to the Central Government and on receipt of such report, the Central Government shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.
17. Staff of Central Advisory Committee
(1) (i) The Central Government may appoint one of its officers not below the rank of Deputy Secretary to that Government as Secretary to the Central Advisory Committee and appoint such other staff being in the service of that Government, as it may think necessary, to enable such Committee to carry out its functions.
(ii) The remuneration payable to such staff shall be such as may be decided by the Central Government from time-to-time.
(2) The Secretary of the Central Advisory Committee--
(i) shall assist the Chairperson of such Committee in convening meetings of the Committee;
(ii) may attend the meetings of such Committee but shall not be entitled to vote at such meetings;
(iii) shall keep a record of the minutes of the meetings of such Committee; and
(iv) shall take necessary measures to carry out the decisions taken at the meetings of such Committee.
18. Allowances of members
(1) The travelling allowance of an official member of the Central Advisory Committee shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.
(2) The non-official members of the Central Advisory Committee shall be paid travelling allowance for attending the meeting of such Committee at such rates as are admissible to an officer of the rank of Director of the Central Government and daily allowances shall be calculated at the maximum rate admissible to such Director.
19. Disposal of business
(1) Every matter which the Central Advisory Committee is required to take into consideration shall be considered at a meeting of that Committee, or if the Chairperson of such Committee so directs, by sending the necessary papers to every member for opinion, and the matter shall be disposed of in accordance with the decision of the majority:
PROVIDED that where there is no opinion of majority on a matter and the members of such Committee are equally divided the Chairperson of such Committee shall have a second or a casting vote.
Explanation : The expression "Chairperson of the Central Advisory Committee" for the purpose of this rule shall include the Chairperson of such Committee nominated or chosen under sub-rule (2) of rule 20 to preside over a meeting.
(2) No act or proceedings of the Central Advisory Committee shall be invalid merely for reasons of any vacancy in or any defect in constitution of the Committee.
20. Meetings
(1) The Central Advisory Committee shall meet at such places and at such times as may be decided by the Chairperson of such Committee and it shall meet at least once in six months.
(2) The Chairperson of such Committee shall preside over every meeting of the Committee in which he is present and in his absence he may nominate a member of the Committee to preside over such a meeting in his place and in the absence of such nomination by the Chairperson, the members of such committee present in such meeting may choose from amongst themselves a member to preside over such a meeting.
21. Notice of meetings and list of business
(1) Ordinarily, two weeks' notice shall be given to the members of the Central Advisory Committee of a proposed meeting:
PROVIDED that the Chairperson of such Committee, if he is satisfied that it is expedient to do so, may give notice of longer period for such meeting which shall not exceed one month.
(2) No business except which is included in the list of business for a meeting of such Committee shall be considered at such meeting without the permission of the Chairperson of the Committee.
22. Quorum
No business shall be transacted at any meeting of the Central Advisory Committee unless at least six members of such Committee are present in that meeting which shall include at least one member of Parliament:
PROVIDED that if any meeting of such Committee less than six members are present, the Chairperson of such Committee may adjourn the meeting to another date informing members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending.
