Contract Labour (Regulation and Abolition) Assam Rules 1971
No: -- Dated: May, 05 1971
Contract Labour (Regulation and Abolition) Assam Rules 1971
Notification No. GLR 512/70/92. - In exercise of the powers conferred by Section 35(1) of the Contract Labour Regulation and Abolition Act, 1970, the Governor of Assam is pleased to publish the following Model Rules framed by the Government of India for adopting the same in the State of Assam :
CHAPTER I
1. Short title and extent. - (1) These rules may be called the Contract Labour (Regulation and Abolition) Assam Rules, 1971.
(2) They shall extend to the whole of Assam.
2. Definitions. - In these Rules unless the subject or context otherwise requires-
(a) "Act" means the Contract Labour (Regulation and Abolition) Act, 1970;
(b) "Appellate Officer" means the Appellate Officer appointed by the Government of Assam under sub-section (1) of Section 15 ;
(c) "Board" means the State Advisory Board constituted under Section 4 ;
(d) "Chairman" means the Chairman of the Board ;
(e) "Committee" means a committee constituted under sub-section (1) of Section 5;
(f) "Form" means a form appended to these rules ;
(g) "Section" means a section of the Act.
CHAPTER II
State Board
3. Constitution of the Board. - The Board shall consist of the following members :
(a) a Chairman to be appointed by the Government of Assam ;
(b) the Labour Commissioner, Assam, ex-officio ;
(c) one person representing the State Government, to be appointed by the Government of Assam, from among its officials ;
(d) one person representing State Public Works Department to be appointed by the State Government, after consultation with the Public Works Department;
(e) four persons representing different employing concerns including contractors, industries or State Government Departments, to whom the Act applies after consultation with such organisation of the employers, if any, as may be recognised by the State Government in this behalf;
(f) five persons representing workmen in different employing concerns, including contractors, industries or State Government Departments to which the Act applies, to be appointed by the State Government after consultation with such organisations of the workmen, if any, as may be recognised by the State Government in this behalf. (The State Board is under Section 4 and the Central Board is under Section 3 of the Act).
4. Terms of office. - (1) The Chairman of the Board shall hold office as such for a period of three years from the date on which his appointment is first notified in the Official Gazette.
(2) Each of the members of the Board referred to in Clauses (c) and (d) of Rule 3, shall hold office as such during the pleasure of the Government of Assam.
(3) Each of the members referred to in Clauses (e) and (f) of Rule 3 shall hold office as such for a period of three years commencing from the date on which his appointment is first notified in the Official Gazette :
Provided that where the successor of any such member has not been notified in the Official Gazette on or before the expiry of the said period of three years, such member shall, notwithstanding the expiry of the period of his office, continue to hold such office until the appointment of his successor has been notified in the Official Gazette.
5. Resignation. - A member of the Board not being an ex-officio member may resign his office by a letter in writing addressed to the State Government and on such resignation being accepted by the Government his office shall fall vacant on the date on which such resignation is accepted.
6. Cessation of membership. - If any member of the Board, not being an ex-officio member fails to attend three consecutive meetings of the Board, without obtaining the leave of the Chairman for such absence, he shall cease to be a member of the Board :
Provided that the State Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings of the Board, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of Board.
7. Disqualification for membership. - (1) A person shall be disqualified for being appointed, and for being a member of the Board-
(i) if he is of unsound mind and stands so declared by a competent Court; or
(ii) if he is an undischarged insolvent; or
(iii) if he has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude.
(2) If a question arises as to whether a disqualification has been incurred under sub-rule (1) the State Government shall decide the same.
8. Removal from membership. - The State Government may remove from office any member of the Board, if in its opinion such a member has ceased to represent the interest which he purports represent the Board :
Provided that no such member shall be removed unless a reasonable opportunity is given to him of making any representation against the proposed action.
9. Vacancy. - (1) When a vacancy occurs or is likely to occur in the membership of the Board the Chairman shall submit a report to the State Government and on receipt of such report, the State Government shall take steps to fill such vacancy.
(2) If any vacancy occurs in the membership of the Board by reason of death of, or resignation by, a member, the vacancy caused thereby shall be filled by the State Government by making an appointment from amongst the category of persons to which the deceased or the resigned member, as the case may be, belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.