Rule 4. Constitution, Terms and Conditions of State Advisory Committee

(1) The State Unorganized Workers Advisory Committee (hereinafter referred to as the State Advisory Committee) under sub-section (16) of Section 6 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 State Unorganized Workers Advisory Committee.

(b) Secretary (Labour), Government of Arunachal Pradesh – Member.

(c) Labour Commissioner, Government of Arunachal Pradesh – Member.

(d) Three members representing employers;

(e) Three members representing unorganized workers out of whom at least one shall be women;

(f) One social worker nominated by the Government;

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

(2) Term of Office :

(a) The members 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 of Member :

(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) 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 undischarged 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 (4) (a), the State Government shall decide the same and its decision shall be final.

(5) 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.

(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 State Government Shall appoint such other staff, being in the service of the State Government, as it may think necessary, to enable such Committee to carry out its functions;

(b) The remuneration payable to such staff shall be such as may be decided by the Government from time to time.

(c) The Officers of the Labour Department

(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 of the Government, and the traveling and daily allowance shall be calculated at the rate admissible to such officer with Grade Pay– Rs. 5400(Pay Level 10).

(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 paper 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 shall have a second or 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,

(b) The Chairperson shall preside over every meeting of the Committee in which he is present and in his absence, Secretary (Labour) will preside over such a 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;

Provided that the Chairperson of such committee, if he is satisfied that it is expedient to do so, may give notice of shorter period of not less than three days for such 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.