Rule 3. Manner of exercising the powers and performance of functions by State Unorganised Workers' Board under sub-section (9) and sub section (16), the manner of nomination of members of the Board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the Board under sub-section (12), the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14) of section 6

(1) Constitution of the State Social Security Board for Unorganised Workers.-(i) The Board constituted by notification under sub-section (9) of section 6 shall be called as ‘Bihar Unorganised Workers Social Security Board’ (hereinafter referred to as the "Board" for the purpose of this Rule) (ii) Minister of the Labour Resources and Migrant workers welfare Department, Government of Bihar shall be Chairperson of the Board, ex officio;

(iii) Additional Chief Secretary or Principal Secretary or Secretary, Labour Resources and Migrant workers welfare Department shall be Vice-Chairperson of the Board, ex officio;

(iv) A member, other than an ex-officio member, shall hold office for a period not exceeding three years from the date of his nomination.

(v) A member shall be eligible for re-nomination: Provided that a member shall not hold the office for more than total of two terms.

(vi) State Government may seek nomination from amongst the representatives of associations of unorganised sector workers and employers’ associations of unorganised sector, in the Bihar Unorganised Workers Social Security Board for unorganised workers, in the category of sub-clauses (i) and (ii) of clause (d) of sub-section (10) of section 6 in such a manner, as notified by the Government.

(vii) The State Government shall nominate five persons under sub-clause (iv) of clause (d) of sub-section (10) of section 6 from amongst persons of eminence in the field of labour welfare, management, finance, law and administration.

(viii) Persons nominated under clause (vi) and (vii) of sub-rule (1) of Rule 3, at least one member each from the Scheduled Caste/ the Scheduled Tribe, the Minorities and Women shall be represented.

(ix) The State Government shall seek nomination of two members representing the State Legislative Assembly under sub-clause (iii) of clause (d) of sub-section (10) of section 6.

(x) The State Government shall nominate ten Members under sub-clause (v) of clause (d) of sub-section (10) of section 6 representing Departments of State Government, concerned with the matters related to the welfare of the unorganised sector workers.

(xi) A member nominated under sub-clauses (i), (ii) and (iv) of clause (d) of sub-section (10) of the section 6, shall cease to be a member of the Board if he ceases to represent the category of interest from which he was so nominated:

(xii) A member nominated under sub-clause (iii) of clause (d) of sub-section (10) of the section 6 shall cease to be a member of the Board if he ceases to be a member of State Legislative Assembly by which he was so elected.

(xiii) No person shall be chosen as, or continue to be, a member of the Board, if such person attracts any provision(s) of section 8 of the Code.

(xiv) The Member Secretary of the Bihar Unorganised Workers Social Security Board shall be notified by the State Government. The Member Secretary shall not be below the rank of Joint Labour Commissioner.

(2) Reconstitution of the Board-

(i) State Government shall initiate the process for reconstitution of the Bihar Unorganised Workers Social Security Board, prior to six months of expiry of the term of the Board.

(ii) If the new Board is not re-constituted after completion of the term of the Board, such arrangements may be made for discharging and function of the board as may be decided by the State Government for the period till the new Board is constituted, through a notification.

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

(3) Resignation-

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

(ii) The seat of 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.

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

(4) Change of Address- If a member changes his address, he shall notify his new address to the Member Secretary of the Board who shall thereupon enter his new address in the official records:

Provided that if 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.

(5) Manner of filling vacancies.- When a vacancy occurs or is likely to occur in the membership of the Board, Member 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 in the manner prescribed under sub-rules (1) of rule 3 above, and the person so nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated.

(6) Procedure for removal of a Member-

(i) During the pendency of the proceeding, if any, under clauses (b) and (c) of sub-section (2) of section 8, for removal of a member of the Bihar Unorganised Workers Social Security Board, such member shall abstain from the meeting(s) of the Board.

(ii) The decision of the State Government, on the debarment, dis-qualification and removal of any member under section 8 of the Code, shall be final.

(7) Meetings. –

(a) The Bihar Unorganised Workers Social Security Board shall, subject to the sub-rule (2), meet at such place and time as may be decided by the Chairperson.

(b) The Bihar Unorganised Workers Social Security Board shall meet at least once in a quarter.

(8) Notice of meeting and list of business. –

(a) A notice of not less than fifteen days from the date of issue, containing the date, time and place of every ordinary meeting of Bihar Unorganised Workers Social Security Board together with a list of business proposed to be transacted approved by the Chairperson shall be sent to every member of Bihar Unorganised Workers Social Security Board through e-mail or registered post or otherwise. A brief note on each item of the agenda shall be sent along with the agenda as soon as possible thereafter.

(b) In case when the Chairperson calls an emergency meeting of the Bihar Unorganised Workers Social Security Board for considering any matter which in his opinion is urgent, a notice giving such reasonable time as he may consider necessary shall be deemed sufficient and shall be sent to every member of Bihar Unorganised Workers Social Security Board through e-mail or registered post or otherwise.

(c) The Chairperson of the Bihar Unorganised Workers Social Security shall, within fifteen days of receipt of a requisition in writing from not less than one-half of the members of the Board, call for a special meeting thereof. A requisition so made shall specify the object of the meeting proposed to be called. In case of a special meeting, notice of only three days may be given to each member.

(d) No business other than for which the meeting of Bihar Unorganised Workers Social Security Board has been convened shall be considered at the meeting except with the permission of the Chairperson of the meeting.

(9) Chairperson to preside at meetings.–The Chairperson or in his absence the Vice-Chairperson of Bihar Unorganised Workers Social Security Board shall preside the meeting. In event of absence of both the Chairperson and the Vice-Chairperson, the meeting shall be presided over by such Member as may be nominated by the Chairperson.

(10) Quorum. – No business shall be transacted at any meeting unless at least one-third of the members and at least one representative member each of both the employers and an employee are present:

Provided that, if at any meeting less than one-third of the members are present, the Chairperson may adjourn the meeting to a date not later than fifteen days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present:

Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members electronically or otherwise.

(11) Nomination of a substitute during the absence of a Member – a) If a member is unable to attend any meeting of the Bihar Unorganised Workers Social Security Board he may, by a written instrument, signed by him, addressed to the Chairperson of the concerned body and explaining the reasons for his inability to attend the meeting, appoint any representative of the organisation, which he represents on the Bihar Unorganised Workers Social Security Board as his substitute for attending that meeting of the State Board in his place:

Provided that no such appointment shall be valid unless— i. such appointment has been approved by the Chairperson of the Bihar Unorganised Workers Social Security Board; and ii. the instrument making such appointment has been received by the Chairperson of the Bihar Unorganised Workers Social Security Board before the date fixed for the meeting. b) A substitute validly appointed under clause (a) shall have all the rights and powers of a member, as the case may be, in relation to the meeting of Bihar Unorganised Workers Social Security Board, in respect of which he is appointed and shall receive allowances, and be under obligations as if he were a member appointed under the Code. c) A member appointing a substitute for attending any meeting of the Bihar Unorganised Workers Social Security Board shall, notwithstanding anything contained in this sub-rule, continue to be liable for the misappropriation or misapplication of the Fund by the substitute and shall also be liable for any act of misfeasance or non-feasance committed in relation to the Fund by the substitute appointed by him.

(12) Disposal of business. – Every question considered at a meeting of the State Board or any Committee thereof shall be decided by a majority of the votes of the members of the Board present and voting. In the event of an equality of votes the Chairperson shall exercise a casting vote:

Provided that the Chairperson may in anticipation of an emergent situation when meeting is not possible, direct that any question shall be decided by the circulation of necessary papers to members of the State Board or any Committee thereof and by securing their opinions in writing. Any such question shall be decided in accordance with the opinion of the majority of members received within the time-limit allowed and if the opinions are equally divided, the opinion of the Chairperson shall prevail:

Provided further that any member of the State Board or any Committee thereof may request that the question referred to members of the concerned body, as the case may be, for written opinion be considered at a meeting of the State Board or any Committee thereof and thereupon the Chairperson may, and if the request is made by not less than three or members of the Board, shall direct that it be so considered.

(13) Minutes of meetings. –

(a) The minutes of each meeting showing inter-alia the names of the member present there, shall be forwarded to each member of the Bihar Unorganised Workers Social Security Board as soon as possible and in any case not later than four weeks after the meeting.

(b) The minutes of the meeting shall be confirmed with such modification considered necessary at the next meeting.

(c) The minutes of a meeting of the Bihar Unorganised Workers Social Security Board shall be kept in separate Books (hereinafter referred to as minute-books) and shall be signed by the Chairperson of the meeting at which the proceedings are confirmed.

(d) A copy of the minutes so confirmed shall be forwarded to the State Government within fifteen days from the date of such confirmation.

(e) The minute-books shall be kept open at the principal office of the Bihar Unorganised Workers Social Security Board during office hours on working days for inspection free of charge by any of the respective member.

(14) Fees and allowances. –

(a) Based on availaity of internal resources, every non-government member of the Bihar Unorganised Workers Social Security Board shall be entitled to draw travelling and halting allowance for any journey performed by him in connection with his duties, at the rates and subject to the conditions applicable under the provisions of rule 144(1) of the Bihar Travelling Allowance Rules, 1949, as may be notified by the Labour Resources and Migrant Workers Welfare Department from time to time.

(b) Where such member, who is a Member of State Legislature shall be paid travelling allowance and daily allowance in accordance with the provisions of the respective provision of the law pertaining to the members of the concerned State Legislature, as the case may be:

Provided that when a Minister is appointed as Chairperson of the Bihar Unorganised Workers Social Security Board and attends a meeting, his travelling and daily allowance shall be governed by the rules applicable to him for journeys performed on official duties and shall be paid by the authority paying his salary.

(c) No daily or travelling allowance in respect of any day of journey, as the case may be, shall be claimed by a member of the Bihar Unorganised Workers Social Security Board if he has drawn or will draw allowance for the same from his employer or as a member of the Committee or any Legislature or of any Committee or Conference constituted or convened by Government and no travelling allowance shall be claimed if he uses a means of transport provided at the expense of Government or his employer.

(d) For attending a meeting of the Bihar Unorganised Workers Social Security Board a member of the State Government shall draw his travelling allowance from his department on a scale admissible to him under the State Government Rules and the amounts so drawn shall, on a demand being made therefore by the State Government, be reimbursed by the State Government.

(e) Payments shall not be made to a non-official member earlier than the last date up to which the allowance is claimed. The travelling allowance for both the onward and return journeys will be included in the travelling allowance bill and the payment made thereof treated as final, irrespective of the date of completion of the journey.