Rule 4. Terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building Workers' Welfare Board and the manner of filling of casual vacancies of such members, under sub-section (4), the terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the said Board under clause (c) of sub-section (5) of section 7

(1) Constitution of the Bihar Building and Others Construction Workers Welfare Board - The Board constituted by notification under sub-section (1) of section 7 shall be called as ‘Bihar Building and Others Construction Workers Welfare Board’ (hereinafter referred to as the "Board" for the purpose of this Rule) (2) Composition of Board-(i) The chairperson of the Bihar Building and Others Construction Workers Welfare Board shall be Secretary/ Principal Secretary/ Additonal Chief Secretary heading the Labour Resource and Migrant Workdrs Welfare Department.The Labour Commissioner, Bihar shall be the Vice-Chairperson of the Bihar Building and Others Construction Workers Welfare Board.

(ii) State Government shall nominate fifteen members in Bihar Building and Other Construction Workers' Welfare Board. There shall be at least one-woman member in the Board. A. The representatives of departments of State Government shall be Officer(s) not below the rank of Joint Secretary and consist of – a. Finance Department, b. Social Welfare Department and c. Education Department. d. One member of Law Department. e. One representative nominated by Ministry of Labour & Employment, Government of India B. There shall be five representatives of building and other construction workers. C. There shall be five representatives of employers of building building and other construction workers, one from each of the following; -a. Urban Development and Housing Department; b. Building Construction Department; c. Road Construction Department; d. Builders Association; e. Bihar Industries Association .

(3) Term and Reconstitution of Board-(i) The terms of Bihar Building and Others Construction Workers Welfare Board shall be three years from the date of its constitution.

(ii) State Government shall initiate the process for reconstitution of the Bihar Building and others Construction Workers Welfare Board, prior to six months of expiry of the term of the Board.

Provided that the existing Board shall work till the reconstitution of the Board under this Code.

(iii) If the Board is not reconstituted upon the expiry of its term, the existing Board shall continue to discharge the functions of the Board until a new Board is duly constituted by way of a notification. 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.

(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) The non-official members shall be removed by State Government from the Board if they cease to represent the interest for which he was nominated or if such person attracts any provision(s) of section 8 of the Code.

(4) Manner of filling of vacancies:-When a Vacancy occurs for any reason or likely to occur in the membership of the Board, the Secretary of the board shall submit a report to the State Government who shall take steps to fill the vacancy from amongst the category of person, to which the person vacating membership belongs and the person so nominated shall hold office for the remainder of the term of the office of the member whose place he is appointed.

(5) Meeting-

(i) The Bihar Building and others Construction Workers Welfare Board shall meet at such places and at such times as may be decided by the Chairperson.

(ii) The Board shall meet at least once in a quarter.

(iii) In case of any matter of urgency special meetings may be called by the Chairperson after informing the members in advance about the subject-matter of discussion and the reasons of urgency .

(iv) In case of any matter of urgency meeting by circulation or other mode may be held.

(v) The Chairperson shall preside over every meeting of the Board in which he is present and in his absence, the meeting of the Board shall be chaired by any member nominated by chairperson in this behalf .

(6) Quorum-

(i) 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.

(ii) The Chairperson may debar any member, other than ex-officio members, from taking part in the Meeting of the Board if-(a) he absents himself from three consecutive meetings of the Board without written information to and consent of the Chairperson, or

(b) in the view of the State Government, such member has ceased to represent the interest which he purports to represent on the Board as per clause (vii) of sub-rule (2) of Rule 4.

(7) Disposal of business. –

(i) Every question considered at a meeting of the Bihar Building and others Construction workers Welfare Board 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 an casting vote:

(ii) The Chairperson may, if he thinks fit, direct that any question shall be decided by the circulation of necessary papers to members of the Board 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 that any member of the Board 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 Board and thereupon the Chairperson may, if the request is made by not less than three members of the concerned body, direct the procedure to be adopted.

(8) Salary and allowances to Chairperson and non-official members: -Based on availaity of internal resources, every non-government member of the Bihar Building and others Construction workers Welfare 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.

(9) Conditions of appointment, salary and allowances of Secretary and other officers and staff of the Board-

(i) The Board shall, with the prior approval of the State Government, appoint as Secretary of the Board an officer of the Bihar Labour Service belonging to the Labour Resources and Migrant Workers Welfare Department, as notified by the State Government, not below the rank of Joint Labour Commissioner.

Provided that in the event of the unavailability of the Joint Labour Commissioner or the Additional Labour Commissioner, any other officer of the Department, not below the rank of Joint Labour Commissioner, shall be duly authorized as Secretary of the Board.

(ii) Labour Resource and Migrant Workers Welfare Department shall appoint officer(s) and other staff(s) for disposal of functions of the Board.

(iii) Secretary of the Board, other officer(s) and staff(s) shall be appointed in the manner determined by State Government by notification and they shall be paid salary and allowances as fixed by the State Government.

(10) Social security schemes and welfare measures under sub-section (6) of Section 7-

(i) Board with the prior approval of State Government shall notify social security scheme and welfare measures prescribed in sub-section (6) of Section 7.

(ii) Board shall formulate social security schemes and welfare measures in which eligibility limit, detail of various benefits, application form, procedure, determination of competent authority for sanction of benefit and manner of payment and other incidental matters thereto shall be clearly mentioned as per provisions of the Code. These shall be done by State Government through publishing them in official gazette.