Section 6
((bb) for providing benefits under the Employees State insurance Act, 1948 Central Act 34 of 1948) to head load workers,)
6 ((bb) for providing benefits under the Employees State insurance Act, 1948 Central Act 34 of 1948) to head load workers,)
for the constitution of any fund or funds including provident fund for the henofit of head load workers, the vesting of such funds, the payment of contributions to be made to such funds and all matters relating thereto.;
(a) for regulating the recruitment and entry into the scheme of head load workers, and the registration of head load workers and employers including the maintenance of registers, removal either temporarily or permanently, of names from the registers and the imposition of fee for registration;
(e) for regulating the employment of head load workers and the terms and conditions of such employment including maternity benefit, leave with wagesprovision for gratuity and conditions as to weekly and other holidays and pay in respect
Ciuse (bb) nserted by Act 13 of 2013. by NotinNo.107Th/teg.C2j2010/Law dt.5.32023
11
thereof:
for pooling of head load workers who are not employed under any employer or contractor.
for the manner in which, and the persons by whom the cost of operating scheme is to be defrayed [including any cQntribution or welfare levy to be paid by employers and head load workers and the rate of such bontribution or welfare levy;]
for appointing persons and authorities who or which are to be responsible for the administration of the scheme and for the administration of funds constituted for the purposes aforesaid;
for such incidental and supplementary matters as may be necessary or expedient for giving effect to the purposes of the scheme:
generally for making better provision as regards the terms and conditions of employment of head load workers,
if any question arises whether any scheme applies to any class of head load workers, the matter shall be referred to the Govemment whose decision thereon shall be final,
The Government may, " [in consuation with the Board] by notification in the Gazette, add to the schedule any establishment in respect of the head load workers whereof they are of opinion that a scheme should be made under this Act, and thereupon the establishment so added shall be deemed to be an establishment specified in the Schedule for the purposes of this Act.
Every notification under sub-s (1) shall be laid as soon as may be alter it is
issued, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modificabon or annulment shall be without prejudice to the vafldity of anything previously done under that notification.
CHAPTER V
Boarth(1) The Government may, by notification in the Gazette, establish a Board to be known by such name as may be specified in the notification for the purpose of exercising the powers and performing the functions of the Board under this Act and the schemes.
The Board shall be a body corporate with the name specified, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued.
The Board shall consist of members nominated from time to time by the Government representing the employers, the head load workers and the Government.
The members representing the employers, the head load workers and the Government shall be equal in number.
The Government shall appoint one of the members of the Board to be its Chairman.
After nominations of all the members of the Board and the appointment of the Chairman, the Government shall publish their names in the Gazelle.
The term of office of the members of the Board shall be such as may be prescribed.
The Board shall exercise such powers and perform such functions and shall follow such procedure as may be specified in the scheme or in the rules made under this Act.
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In the exercise of the powers and the discharge of its functions, the Board shall be bound by such directions as the Government may give to it from time to time,
Disgualifications and removal: (1) No person shall be nominated as, or continue to be a member of the Board who:
is a salaried officer of the Board 7[except the person appointed as the Chief Executive of the Board] or
is, or any time has been adjudged an insolvent; or
is found to be a lunatic or becomes of unsound mind: or
is or has been convicted by any offence involving moral turpitude;
ceases to represent the employers or head load workers, as the case may be.
The Government may remove from office any member who:-
is or has become subject to any of the disqualifications mentioned in sub-s
is absent without leave of the Board for more than three consecutive
(1); or meetings of the Board.
Appointment of officers in the Board - (1) The Government may appoint such number of officers as they think fit for assisting the Board in exercise of its powers and the performance of its under this Act or Rules and the Schemes.
The Officers appointed under sub-s (1) shall exercise such powers and discharge such duties as may be prescribed.
Supersession of Board: (1 )lf the Government are of opinion:-
(a) that the Board is unable to perform its functions: or
'Inse,ted by actS cf 1994 as per Notn.Na19077!LegC3/91/iaw dt 25.3.1994, published in KG.(xt.No.265 dt.25.3.1994.
(b) that the Board has persistently made default in the performance of its functions or has exceeded or abused its powers. The Government may, by notification in the Gazelle, supersede the Board for such period as may be specified in the notification:
Provided that, before issuing a notification under this sub-section on any of the grounds mentioned in clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded, and shall consider the explanation and objections, if any, of the Board.
Upon the publidation of a notification under sub-s. (1):-
all th&members of the Board shall, as from the date of such publication; vacate their office as such members;
all the powers and functions which may be exercised or performed by the Board shall, during the period of supersession, be exercised or performed by such person or persons as may be specified in the notification:
all funds and other property vesting in the Board shall, during the period of supersession, vest in the Government,
On the expiration of the period of supersession specified in the notification issued under sub-s(1), the Government may:-
extend the period of supersession for such further period as it may consider necessary:
Provided that the total period of supersession shall not exceed one year or;
re-establish the Board in the manner provided in S14
CHAPTER VI
COMMETTEES