(1) The Chairperson of the State Advisory Committee shall hold office as such, for a period of three years from the date on which his/her appointment is notified in the Official Gazette.
(2) Each member referred to in clause (b) of rule 10 shall hold the office for three years or till he remains a member of the legislative assembly, whichever is earlier.
(3) The members referred to in clause clause (e) of rule 10, shall hold office as such, for a period of three years commencing from the date on which his appointment is notified in the official gazette.
(4) If a member is unable to attend a meeting of the Committee, the State Government may, after notice in writing to such member and the Chairperson of the State Advisory Committee, nominate a substitute of such member and such a substitute member shall have all the rights and privileges of such member in respect of that meeting.
(5) The State Advisory Committee shall be reconstituted after every three years.
12. Resignation - (1) A member of the State Advisory Committee, not being an ex-officio member, may resign his office by letter in writing addressed to the State Government through its Secretary in the Department of Labour, Government of Jharkhand, with prior information to the chairperson of such committee.
(2) The seat of such a member shall fall vacant from the date on which his resignation is accepted by the State Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by that Government whichever is earlier.
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13. Cessation of membership - If any member of the State Advisory Committee, not being an exoffice member, fails to attend three consecutive meeting of such Committee, without obtaining the leave of the Chairperson of such Committee for such absence, he shall cease to be a member of such Committee:
Provided that the State government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of such Committee.
14. Disqualification for membership - (1) A person shall be disqualified for being a member of the Central Advisory Committee.
(i). if he is of unsound mind and stands so declared by a competent court ; or
(ii). if he is an undercharged insolvent; or
(iii). If he has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude;
(2) Where a question arises as to whether a disqualification has been incurred under sub-rule
(1), the State Government shall decide the same and its decision shall be final.
15. Removal from membership - The State Government may remove from office any member of the State Advisory Committee, if in its opinion such member has ceased to represent the interest which he purports to represent on such Committee:
Provided that no such member shall be removed unless a reasonable opportunity is given to him of making a representation against the proposed action under this rule.
16. Manner of filling vacancies - When a vacancy occurs or is likely to occur in the membership of the State Advisory Committee, the Chairperson of such Committee shall submit a report to the State government and on receipt of such report, the State Government shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership 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.
17. Staff of State Advisory Committee - (i) The State Government may appoint an officer not below the rank of Deputy Labour Commissioner of Labour Dept. as Secretary to the State Advisory Committee and appoint such other staff as it may think necessary, to enable the Committee to carry out its functions.
(ii) The salary and allowances payable to such staff and other conditions of Service of the staff shall be such as may be decided by the State Government from time to time.
(2) The Secretary of the State advisory Committee - 14
(i) shall assist the Chairperson of such Committee in convening meeting of the Committee;
(ii) shall attend the meetings of such Committee but shall not be entitled to vote at such meetings;
(iii) shall keep a record of the minutes of such meetings of the Committee; and
(iv) shall take necessary measures to carry out the decisions taken at the meetings of the Committee.
18. Allowances of members - (1) The traveling allowance of an official member of the State Advisory Committee shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.
(2) The non - official members of the Advisory Committee shall be paid traveling allowance for attending the meeting of such Committee at such rates as are admissible to an officer of the rank of Class I officer of the State Government and daily allowances shall be calculated at the maximum rates admissible to such officer.
19. Disposal of business - (1) Every matter which the State Advisory Committee is required to take into consideration shall be considered at a meeting of that Committee, or if the Chairperson of such Committee so directs, by sending the necessary papers to every member for opinion, and the matter shall be disposed of in accordance with the decision of the majority.
Provided that where there is no opinion of majority on a matter and the members of such Committee are equally divided the Chairperson of such Committee shall have a second or a casting vote.
Explanation: - The expression "Chairperson of the State Advisory Committee" for the purpose of this rule shall include the Chairperson of such Committee nominated or chose under sub-rule
(2) of rule 20 to preside over a meeting.
(2) No act or proceeding of the State Advisory Committee shall be invalid merely for reasons of any vacancy in or any defect in constitution of the Committee.
20. Meetings - (1) The State Advisory Committee shall meet at such places and at such times as may be decided by the Chairperson of the Committee and it shall meet at least once in six months or as and when any matter is referred to it by Government for advise.
(2) The Chairperson of such Committee shall preside over every meeting of the Committee in which he is present and in his absence he may nominate a member of the Committee to preside over such a meeting in his place and in the absence of such nomination by the Chairperson, the members of such committee present in such meeting may choose from amongst themselves a member to preside over such a meeting.
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