Rule 5. Arunachal Pradesh Building and Other Construction Workers’ Welfare Board

(1) The Board shall consist of following Members:

(a) The Chairperson of the Board shall be nominated by the Government of Arunachal Pradesh.

(b) One member of the Board will be nominated by the Central Government.

(c) Four members representing Government of Arunachal Pradesh of which one member each shall be from the Law and Finance Departments, and two members shall be from the Labour Department not below the rank of Assistant Labour Commissioner.

(d) Four members from amongst the registered building and other construction workers of which at least one member shall be a woman.

(e) Four members representing the employers of building and other construction workers.

(f) The Board shall, with the concurrence of the Government of Arunachal Pradesh, appoint an Officer from Labour & Employment Department, Government of Arunachal Pradesh not below the rank of Labour Commissioner as Secretary of the Board.

(2) The Term of Office of Non-official Members of the Board :

(a) The term of office of the Chairperson and the non-official members shall be of (3) three years from the date of their appointment. However, no person shall be appointed or nominated for more than a total of two terms whether as non-official member or Chairperson.

(b) The non-official member shall be removed by the State Government from the Board if he ceases to represent the purported interest for which he was appointed or if such person attracts any provision(s) of Section 8 of the Code.

(3) Change of Address :

If the Chairperson or a member changes his address, he shall notify his new address to the Secretary of the Board who shall thereupon enter the new address in the official records.

Provided that if the Chairperson or a member fails to notify his new address, the address in the official records shall for all purposes be deemed to be the member’s correct address.

(4) Resignation :

(a) A Chairperson or a member of the Board, not being an ex-officio member, may resign by a letter in writing, addressed to the State Government.

(b) The seat of Chairperson or such a member shall fall vacant from the date on which his resignation is accepted or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.

(c) The power to accept the resignation of Chairperson or a member shall vest with the State Government.

(5) Procedure for removal of Chairperson or a Member :

(a) The Government of Arunachal Pradesh may remove the Chairperson or a Member of Arunachal Pradesh Building and Other Construction Workers’ Welfare Board from his office, who (i) is or has become subject to any disqualifications mentioned in sub-section (1) of Section 8 of the Code; or

(ii) is absent without leave of the Board of which he is Chairperson or a member for more than three consecutive meetings of the Board; or

(iii) in the opinion of the State Government, has abused the position of his office as to render Chairperson or that member’s continuation in office detrimental to the public interest or is otherwise unfit or unsuitable to continue as Chairman or such member in the opinion of the State Government;

(iv) representing employers or the employees, as case may be, ceases to adequately represent so; or

(v) representing the State Government cannot continue to represent such government, having regard to the exigencies of circumstances or services in State Government;

Provided that no person shall be removed under sub-clauses (ii),(iii) and (iv), unless that person has been given an opportunity to show cause as to why he should not be removed.

(b) During the pendency of the proceedings under sub-causes (ii) and (iii) of clause (a) above for removal of the Chairperson or member, such Chairperson or member shall abstain from the meeting(s) of the Board.

(6) Filling up of Casual Vacancies:

(a) Any member, inclusive of the Chairperson, appointed to fill a casual vacancy shall hold office, for the remainder of the term of office, of the member in whose place he is nominated.

(b) When a vacancy occurs or is likely to occur in the membership of the Board, the Secretary of the Board shall submit a report to the State Government and on receipt of such report, the State Government may, by notification, nominate a person to fill the vacancy, and the person so nominated shall hold office, for the remainder of the term of office, of the Chairperson/ member in whose place he is nominated.

(7) Reconstitution of the Board :

(a) The State Government shall initiate the process for reconstitution of the Arunachal Pradesh Building & Other Construction Workers’ Welfare Board, prior to six months of expiry of the term of the Board or on supersession of the Board as the case may be.

(b) If the new Board is not re-constituted after completion of the term of the Board or on supersession of the Board, such arrangements may be made for discharging and functions of the Board as may be decided by the State Government by a notification for the period till the new Board is constituted.

(c) Consequent upon institution of such arrangement, all actions taken shall have the same effect as if such actions were carried out by the Board itself.

Provided that such interim arrangement shall not exceed a period of six months, after the due date by which the new Board should have been re-constituted or six months after the supersession of the Board, as the case may be.

(8) Manner of exercising the powers and performance of the functions of the Board : Every matter to be taken into consideration, shall be considered at a meeting of the Board, or if the Chairperson so desires, by sending the necessary papers to every member for opinion, and the matter shall be disposed in accordance with the decision of the majority ;

(9) Quorum : No business shall be transacted at any meeting of the Board unless a minimum of six members are present.

(10) Meetings, Notice of meetings and List of Business :

(a) The Board shall meet at such places and at such times and it shall meet at least once in a quarter.

Provided that the Chairperson shall, within fifteen days of the receipt of a requisition in writing from not less than one-third of the members of the Board, call a meeting by issuing a notice giving 14 days’ time.

(b) The Chairperson shall preside over every meeting in which he is present and in his absence, the member nominated by him shall preside over such a meeting. In the absence of such nomination by the Chairperson, the members present in such a meeting may choose from amongst themselves a member to preside over the meeting.

(c) Ordinarily, two week notice shall be given to the members, of a proposed meeting.

(d) No business, except as included in the list of business for a meeting of the Board shall be considered at the meeting without the permission of the Chairperson.

(e) The Chairperson may at any time call for a special meeting of the Board in case of an emergency, after informing the members at least three days in advance about the subject matter of discussion.

(f) Notice intimating the date, time and venue of every meeting together with a list of business to be transacted at the meeting shall be sent by registered post or by special messenger, to each member.

(11) Transaction of Business :

(a) Every question considered at a meeting of the Board, shall be decided by a majority of the votes of the members present and voting, and in the event of any equality of votes, the Chairperson shall have a casting vote.

(b) If the Chairperson or any member of the Board, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration of the Board or a Committee thereof, then he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the Board and such Chairperson or member, shall not take part in any proceeding or decision of the Board or a Committee thereof relating to that matter.

(12) Minutes of the meetings :

(a) Every decision taken at a meeting of the Board shall be recorded in a Minutes’ Book and signed by the Chairperson. The Minutes’ Book shall be a permanent record of the Board.

(b) Every decision of the Board will be assigned a resolution number. The decision and the corresponding agenda items will be kept as a permanent record.

(13) Fees and allowances :

(a) Every non-official member of the Board shall be paid a sitting fee of Rs. 2500 (rupees two thousand five hundred) or any such amount as may be fixed by the Government from time to time, for attending a meeting of the Board.

(b) Every non-official member shall be paid traveling allowance and daily allowance for attending the meeting of the Board at such rates as admissible to a Group ‘A’ officer of the state government, with Grade Pay of Rs.5400 (Pay Level 10).

(c) The traveling allowance and daily allowance of an official member shall be governed by the rules applicable to him for journey performed on official duties and shall be paid by the Board.