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.-

(a) The Board constituted by notification under sub-section (9) of section 6 shall be called the ‘Mizoram Unorganised Workers Social Security Board”;

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

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

(d) state Government may seek nomination from amongst the representatives of associations of unorganised sector workers and employers’ associations of unorganised sector, in the Mizoram 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:

Provided that at least two members nominated shall be active unorganised worker registered under the Code;

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

(f) out of seven persons nominated under clause (a) and (e) of sub-rule (1) of rule 3, at least one woman member shall be represented;

(g) 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 of the Code;

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

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

(j) a member nominated under sub-clause (iii) of clause (d) of sub-section (10) of section 6 of the Code 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;

(k) 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;

(l) the Member Secretary of the Mizoram Unorganised Workers Social Security Board shall be an officer of the Labour, Employment, Skill Development & Entrepreneurship Department notified by the State Government not below the rank of Joint Labour Commissioner.

(2) Manner of exercising the powers and performance of the functions of the Mizoram Unorganised Workers Social Security Board.—

(a) the Board, for discharging its functions as assigned to it, under sub-section (15) of section 6 of the Code, may constitute a committee to deliberate and recommend on the specific issue as may be assigned to such committee;

(b) such committee may co-opt members from the Board or outside as the case may be, from the field of the experts, on which committee is required to deliberate.

(3) Reconstitution of the Board.—

(a) state Government shall initiate the process for reconstitution of the Mizoram Unorganised Workers Social Security Board, prior to six months of expiry of the term of the Board;

(b) 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, by notification;

(c) 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.

(4) Resignation.—

(a) 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 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 a member shall vest with the State Government.

(5) 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.

(6) 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 provided under sub-rule (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.

(7) Procedure for removal of a member.-

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

(b) The decision of the State Government, on the debarment, disqualification and removal of any member under section 8 of the Code, shall be final.

(8) Meeting .—

(a) The Board shall meet at such places and at such times as may be decided by the Chairperson.

(b) The Board shall meet once in three months.

(c) 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.

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

(e) 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 the Vice-Chairperson.

(9) Notice of meeting and list of business.—

(a) Ordinarily, seven days notice shall be given to the members of the Board of a proposed meeting:

(b) The Chairperson, if he is satisfied that it is expedient to do so, may give notice of shorter period.

(c) No business except which is included in the list of business for a meeting of the Board shall be considered at the meeting without the permission of the Chairperson.

(10) Quorum.—

(a) No business shall be transacted at any meeting of the Board unless at least ten members are present in that meeting:

Provided that if at a meeting, less than ten members are present, the Chairperson may adjourn the meeting to another date informing the 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 number of members attending;

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

(ii) in the view of the State Government, such member has ceased to represent the interest which he purports to represent on the Board.

(11) Disposal of business.—

(a) every question considered at a meeting of the Mizoram Unorganised Workers Social Security Board shall be decided by a majority of the votes of the members of the body concerned present and voting. In the event of an equality of votes the Chairperson shall exercise an additional casting vote;

(b) the Chairperson may, if he thinks fit, direct that any question shall be decided by the circulation of necessary papers to members of the Mizoram Unorganized Workers Social Security 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 Mizoram Unorganised Workers Social Security 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 Mizoram Unorganized Workers Social Security Board and there upon the Chairperson may, if the request is made by not less than three members of the concerned body, direct the procedure to be adopted.

(12) Allowances to non-official members.— Non-official members shall be entitled for travelling allowance and daily allowance at the rate admissible to the group “A” officers of the State Government.