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 of the Code

(1) Composition of the Board.—

(a) the Chairperson of the Mizoram Building and Other Construction Workers Welfare Board shall be appointed by the State Government.

(b) the Vice Chairperson of the Mizoram Building and Other Construction Workers Welfare Board shall be an officer not below the rank of Director from the Labour, Employment, Skill Development and Entrepreneurship Department.

(c) the State Government shall nominate fifteen members in the Mizoram Building and Other Construction Workers Welfare Board. The members of the Board shall be as follows, namely:– A. The representatives of departments of State Government shall be Officer not below the rank of Deputy Secretary and consist of -a. Finance Department; b. Social Welfare Department; c. Law & Judicial Department; d. Labour, Employment, Skill Development & Entrepreneurship Department, Administrative wing and e. Labour, Employment, Skill Development & Entrepreneurship Department, Directorate. B. There shall be five representatives of building workers:

Provided that at least three representative of building workers shall be active building workers registered in board of Construction workers and at least one shall be woman worker. C. There shall be five representatives of employers of building workers, one from each of the following:-a. Public Works Department (Building); b. Public Works Department (Road); c. Contractors Association; d. Builders Association or Representative; e. Aizawl Municipal Corporation.

(2) Term and Reconstitution of the Board:-

(a) the terms of Mizoram Building and Other Construction Workers Welfare Board shall be three years from the date of its constitution;

(b) the State Government shall initiate the process for reconstitution of the Mizoram Building and other Construction Workers Welfare Board, prior to six months of expiry of the term of the Board;

(c) 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;

(d) 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;

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

(f) a member shall be eligible for re-nomination;

(g) 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 of section 8 of the Code.

(3) 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 in whose place he is appointed.

(4) Meeting.—

(a) the Mizoram Building and Other Construction Workers Welfare Board shall meet at such places and at such times as may be decided by the Chairperson;

(b) the Board shall meet at least once in four 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 any member nominated by Chairperson in his behalf.

(5) Quorum.—

(a) no business shall be transacted at any meeting of the Mizoram Building and Other Construction Workers Welfare Board unless at least six members are present in that meeting;

(b) if in a meeting, presence is less than quorum, 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;

(c) 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 as per clause (vii) of sub-rule (2) of rule 4.

(6) Disposal of business.—

(a) every question considered at a meeting of the Mizoram Building and Other Construction Workers Welfare 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 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.

(7) Salary and allowances to Chairperson and non-official members.-

(a) non-official members shall be entitled for travelling allowance and daily allowance at the rate admissible to the group “A” officers of State Government;

(b) salary and allowances to the Chairperson of the Board, if required, shall be fixed by State Government by notification.

(8) Conditions of appointment, salary and allowances of Secretary, Assistant Secretary and other staff of the Board.-

(a) the Board shall, with the prior approval of the State Government, appoint an officer of Labour, Employment, Skill Development & Entrepreneurship (LESDE) Department not below the rank of Joint Labour Commissioner, as a Secretary of the Board;

(b) the Board shall, with the prior approval of State Government, appoint an officer of Labour, Employment, Skill Development & Entrepreneurship Department not below the rank of Deputy Director / Assistant Labour Commissioner as Assistant Secretary and other staff for disposal of functions of the Board;

(c) the Secretary of the Board, Assistant Secretary of the Board and other staff shall be appointed in the manner determined by the State Government by notification;

(d) all the Officers & staff shall be appointed on contract or deputation basis as per the recruitment rules or service rules or guidelines framed and approved by the Government of Mizoram to assist the Board in the efficient discharge of its functions under the Code:

Provided that the appointment hereof on contract basis shall not be deemed to confer any right or claim in service matter against the Government of Mizoram and shall be subject to sub-section (3) of section 108 of the Code;

(e) the salaries and allowances and other terms and conditions of service of the officers and staff appointed on contract or deputation basis shall be as decided by the State Government.”

(9) Social security schemes and welfare measures under sub-section (6) of section 7.—

(a) the Board shall, with the prior approval of State Government, notify social security schemes and welfare measures prescribed in sub-section (6) of Section 7;

(b) the 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 there to shall be clearly mentioned;

(c) the State Government may open State, District and Sub-Divisional level offices as it may consider desirable for the purpose of implementing the Code and the welfare schemes;

(d) the Board may, with the prior approval of the State Government, constitute such sub-committees as it may deem fit for the proper discharge of its duties and the members of such sub-committee shall be allowed travelling allowance and daily allowance at the rates and subject to the conditions specified under sub-rule 7. The sub-committee shall consist of the following persons, namely:-(i) Vice Chairperson of the Board;

(ii) Official of Labour, Employment, Skill Development & Entrepreneurship Department – Member Secretary;

(iii) One member representing the employers;

(iv) One member representing the building workers and

(v) Two members representing the Government.

(e) (i) the Vice-Chairperson of the Board shall be the Chairperson of the sub-committee. If the Vice-Chairperson is absent at any time the members present shall elect one among them to preside over the meeting;

(ii) no business shall be transacted at a meeting of the sub-committee unless at least three members of the Committee are present of whom one shall be from the members representing employers and another one shall be from the members representing building workers;

(iii) the term of the sub-committee shall be two years from the date of its constitution:

Provided that the sub-committee shall continue in office until a new committee is constituted:

Provided further that in no case the sub-committee shall continue beyond a period of three years from the date of its original constitution;

(iv) The recommendation of the sub-committee shall be placed before the Board for its decision.