Rule 22. Constitution, Terms and Conditions of State Advisory Committee

(1) The State Building and Other Construction Workers’ Advisory Committee (hereinafter referred to as the State Advisory Committee) under sub-section (7) of Section 7 of the Code shall consist of the following members, namely: -

(a) The Minister of Labour and Employment Government of Arunachal Pradesh, shall be the ex-officio Chairperson of the Arunachal Pradesh State Building and Other Construction Workers’ Advisory Committee.

(b) Four members representing employers of building and other construction workers;

(c) Four members representing building and other construction workers out of whom one shall be women;

(d) One social workers nominated by the Government;

(e) One member representing Architects/Engineers nominated by the Government;

(f) One member representing Accidents Insurance Institutions to be nominated by the Government.

(2) Term of Office :

(a) The members of the State Advisory Committee shall hold office for a period of three years commencing from the date on which their 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.

(b) The State Advisory Committee shall be reconstituted after every three years.

(3) Resignation :

(a) A member of the State Advisory Committee, not being an ex-officio member, may resign his office by a letter in writing addressed to the Government through the Secretary of the Labour Department with information to the Chairperson of such Committee.

(b) The office of such member shall fall vacant from the date on which his resignation is accepted by the Government or on the expiry of thirty days from the date of receipt of the letter of resignation by the Government, whichever is earlier.

(4) Cessation of Membership : If any member of the State Advisory Committee, not being an ex-officio member, fails to attend three consecutive meeting of the Committee, without obtaining the leave of the Chairperson for such absence, he shall cease to be a member of the Committee.

Provided that the Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meeting, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of the Committee.

(5) Disqualification from Membership :

(a) A person shall be disqualified for being a member of the State Advisory Committee: -(i) if he is of unsound mind and stand so declared by a competent court;

(ii) if he is an undercharged insolvent; or

(iii) if he has been convicted of an offence which, in the opinion of the Government, involves moral turpitude,

(b) Where a question arises as to whether a disqualification has been incurred under sub-rule (5) (a), the State Government shall decide the same and its decision shall be final.

(6) Removal from Membership : The Government may remove from office any member of the State 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 for making a representation against the proposed action under this rule.

(7) Manner of filling Vacancies : When a vacancy occurs or is likely to occur in the membership of the State Advisory Committee, the Chairperson of such Committee shall submit a report to the Government and on receipt of such report, the 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.

(8) Staff of State Advisory Committee :

(a) The Secretary of the Arunachal Pradesh Building and Other Construction Workers’ Welfare Board shall be the Secretary to the State Advisory Committee .The Board shall assign to its officers and staff the work of Committee to enable Advisory Committee to carry out its functions;

(b) The Secretary of the State Advisory Committee :

(i) shall assist the Chairperson of such Committee in convening meetings of the Committee;

(ii) shall keep a record of the minutes of the meeting of such Committee;

(iii) shall take necessary measures to carry out the decisions taken at the meeting of such Committee.

(9) Allowances of Members :

(a) The traveling allowances of an official member of the State 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.

(b) The non-official members of the State Advisory Committee shall be paid traveling allowances for attending the meeting of such committee at such rate as are admissible to a Group – ‘A’ officer with Grade Pay – Rs. 5400/-(Level 10), of the State Government and the daily allowance shall be calculated at the maximum rate admissible to such officer.

(10) Disposal of Business :

(a) Every matter which the State Advisory Committee is required to take into consideration shall be considered at a meeting of that Committee, or if the Chairperson so directs, by sending the necessary papers to every members 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 committees shall have a casting vote.

(b) No act or proceeding of the State Advisory Committee shall be invalid merely for reason of any vacancy in or any defects in constitution of the committee.

(11) Meeting :

(a) The State Advisory Committee shall meet at such places and at such time as may be decided by the Chairperson and it shall meet at least once in six months;

(b) The Chairperson 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 member of such Committee present in such meeting may choose from amongst themselves a member to preside over the meeting.

(12) Notice of Meeting and list of Business :

(a) Ordinarily, two weeks’ notice shall be given to the member of the State Advisory Committee of a proposed meeting;

(b) 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.

(13) Quorum : No business shall be transacted at any meeting of the State Advisory Committee unless at least four members of such committee are present in that meeting;

Provided that if at any meeting of such committee less than four 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 numbers of members attending.