Bare ActsThe Headload Workers Act 20 of 1980

Section 17

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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in clause (b), the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded, and shall consider the explanation and objections, if any, of the Board. (2) 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, (3) 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 18(1) The Government may, by notification in the Gazette ,appoint a committee for every revenue district in the state and on the recommendation of the board appoint as many Special Committees as they deem fit in any area fafling within any industrial township or other special areas of importance in the state to be known by such name as may be specified in the notification for the purpose of exercising the powers and performing the function of the Committee under the Act and the Scheme in relation to that area: Provided that if any Special Committee has been appointed , the committee pointed for the revenue district shall cease to exercise jurisdiction over the area of the special Committee. Every such committee 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 committee shall consist of such number of members, not exóeeding fifteen nominated by the Government, of whom two thirds shall be persons representing the employers and the head load workers. The members representing the employers and the head load workers shall be equal in number. *[(5) The Government shall appoint one of the members of the Committee to be its Chairman and another members to be its, 8( District secretary or as the case may be special area secretary) After nomination of all the members of the committee and the appointment Chairman and the9( District secretary or as the case may be special area secretary) the Government shall publish their names in the Gazette and in such other places as the Government may deem necessary. The term of office of the members of the committee shall be such as may be prescribed. Substituted by Act 3 of 2009 pubUshed in CG,Efl.No,35 cit 5.1.2009 5 substituted by Act 3 of 2009 published in K.G.Ext,No,35 dt 5,1,2009 **+f(8) The functions of the committee shall be - to poot the head load workers who are not employed under any employer or contractor; to arrange and regulate employment of such head load workers and to pay them wages to take disciplinary action against them wherever necessary to do all such acts as are necessary for the implementation of this Act andihe Scheme&1 (9). In the exercise of the powers and the discharge of its functions the committee shall be bound by such directions as the Board may give to it from time to time. 19.Appointment of Officers for assisting Committee:-(1) The Govt may appoint such number of officers as they think fit for assisting the committee in the exercise of its powers and the performance of its functions under the act and the Scheme. The officers appointed under sub-section (1) shall exercise such powers and discharge such duties as may be prescribed. 10(19 A) Appointment of Advisory Committee:- (1) The board may constitute as many Adviscry Committees as are found necessary for any area in a revenue district, for the purpose of advising the committee on any matter pertainind to that area. (2).Every Advisory committee under sub-Sec(1) shall consist of seven members nominated by the Board of whom three each shall represent the employers and the head load workers and one shall be an officer of the board. The Officer of the board nominated, under sub-sec(2) shall be its Convener. The term of office of the members of the Advisory Committee and the conduct of business of the Advisory committee shall be such as may be decided by the Board from time to time 10 Added by act 3 of 2009 puhkhed in KG,ExtNo35 dt 512009. g!.persessionofcommittee:ji) If the Government are of the opinion - (a) that the committee is unable to perform its functions; or (h) that the committee has persistently made default in the discharge of its functions or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the committee for such period as may be specified in the notification: Provided that, before issuing a notification under this subsection on any of the grounds mentioned in clause (b) the Government shall give a reasonable opportunity to the committee to show cause why it should not be superseded, and shall consider the explanations and objections, if any, of the committee. (2) Upon the publication of a notification under suh-s(1 ): all the members of the committee shall, as from the date of such publication, vacate their offices as such members: all the powers and functions, which may be exercised or performed by the committee, shall, during the period of supersession, be exercised or performed by such person or persons as may be specified in the notification; (c)all funds and other property vesting in the committee shall, during the period of supersession, vest in the Government. (3) 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 they may consider necessary Provided that the total period of supersession shall not exceed one year, or appoint another committee in the mariner provided in Si 8. CHAPTER VII DISPUTES

Section 17 – The Headload Workers Act 20 of 1980 | DailyLaw.ai