Amendment status not verified — confirm the current text below against the official source.
Composition of committees, etc.—Batch of the committees, sub-committees 3[***] and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent 1 Subs. by Act 30 of 1957 sec. 6, for “committees, sub-committees, advisory committees and advisory sub-committees appointed under sections 5 and 6” (w.e.f. 17-9-1957). 2 Subs. by A.O. 1950 for “Provincial Governments”. 3 The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, sec. 7(w.e.f. 17-9-1957). persons not exceeding one third of its total number of members; one of such independent persons shall be appointed the Chairman by the appropriate Government. (i) The Advisory body has no functioning of quasi-judicial nature and their recommendation/decision is not binding on the State Government but the same remains only a recommendation and nothing more than that. Merely because one member of the Board was extra, the recommendation of the Advisory Board would not be vitiated; Chakradharpur Bidi and Tobacco Merchants Association v. Stale of Bihar, 1997 (77) FLR 339. (ii) The term “independent persons” is used in contradiction to the words “persons representing employers and employees in the scheduled employment”. Therefore, the term contemplates neither the category of employers nor the employees. Also there is no reason to think that Government employees are excluded; Government of India v. Barium Chemicals Ltd., 1985 Lab 1C 1634: AIR 1985 SC 1351: 1985 (67) FJR 157: 1985 (51) FLR 256. (iii) The variety of expression of the term “independent persons” in section 9 is that it has the condition of being auto-cephalous. Therefore, the provisions of the Act do not prescribe that a government servant cannot be a member of the Advisory Board or that if he is a member he cannot be considered to be an “independent person” within the meaning of section 9; Ramkrishna Ramnath v. State of Maharashtra, 1963 (7) FLR 373: (1963) II LLJ 458. 1[10. Correction of errors.— (1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission. (2) Every such notification shall; as soon as may be after it is issued, be placed before the Advisory Board for information.]