Rule 12: Technical Committees or Advisory Committees

Finin2min analysis — operative rule mechanics

Full notified text — Rule 12

12.       Technical Committees or Advisory Committees.-
         (1)   The Central Government may constitute one or more Technical Committees or Advisory
               Committees for the purpose of assisting the National Board in discharge of its functions
               specified in sub section (1) of section 16 of the Code, for such period as in the order constituting
               Technical Committees or Advisory Committees.
         (2)   The Technical Committees or Advisory Committees may be multi-members Committee and
               consist of members from a government, public, autonomous, private institutions or industries,
               research, academic institutions or occupational health.
         (3) The members of the committee shall have Bachelor’s degree in engineering with Diploma or post-
               graduate diploma in industrial safety or Master's Degree in Physics or Chemistry or Bachelor
               of Medicine and Bachelor of Surgery with Associate Fellow of Industrial Health, with an
               experience of not less than twenty years in regulatory body or industry or research or academic
               institutions or occupational health may be nominated to the technical committee or advisory
               committee.
         (4) In case of mines, a member having Bachelor's degree in Mining engineering with First Class
               Manager's Certificate of Competency to manage a coal or metalliferous mine or Master of
               Engineering or Master of Technology or Doctor of Philosophy in mining or mechanical or
               electrical engineering or Bachelor of Medicine and Bachelor of Surgery, with experience of
               not less than twenty years in regulatory body or industry or research or academic institutions or
               occupational health may be nominated to the technical committee or advisory committee.
         (5) The Chairperson of the Technical Committees or A d vi sor y C om m i t t ees shall be
               nominated by the Central Government.
         (6) The Technical Committee or Advisory Committees may constitute sub-committees to meet
               the specific requirements.
         (7) The Technical Committee or Advisory Committees shall follow such rules and procedure
               including its transaction of business as may be specified through general or special order by

              the Central Government or National Board, issued from time to time.
        (8) Travelling allowance for non-official members of the Technical Committee or Advisory
              Committees shall be as per the instructions by Department of Expenditure, Ministry of
              Finance, Government of India, issued from time to time.
        (9) A member of the Technical Committees or Advisory Committees, not being an ex officio
              member, may resign from their office by a letter in writing addressed to the Central
              Government through the Chairperson of the Technical Committees or Advisory Committees.
        (10) A Chairperson of the Technical Committees or Advisory Committees may resign from their
              office by a letter in writing addressed to the Secretary, Ministry of Labour and Employment,
              Government of India.
        (11) The seat of such a member or Chairperson as the case may be, shall fall vacant from the date
              on which their resignation is accepted by the Central Government or on the expiry of thirty days
              from the date of receipt of the letter of resignation by Central Government whichever is earlier.
        (12) If any member of the Technical Committees or Advisory Committees, not being an ex officio
              member, fails to attend two consecutive meetings of such Committee, without obtaining the
              permission of the Chairperson of such Committee for such absence, such member shall cease to be
              a member of such Committee:
                 Provided that the Central Government may, if it is satisfied that such member was prevented
           by sufficient cause from attending two 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.

        (13) (i) A person shall be disqualified for being a member of the Technical Committees or Advisory
        Committees —

                             (a) if person is of unsound mind and stands so declared by a competent court;
                             (b) if person is an undischarged insolvent; or
                             (c) if person has been convicted of an offence which, in the opinion of
                 the Central Government, involves moral turpitude.
             (ii) Where a question arises as to whether a disqualification has been incurred under clause
                 (i), the Central Government shall decide such question and such decisions should be treated
                 as final.
        (14) The Central Government may remove any member or Chairperson of the Technical
        Committees or Advisory Committees, if in its opinion such member has ceased to represent the
        interest which such member purports to represent on such Committee:

        Provided that no such member shall be removed unless a reasonable opportunity is given to such
        member of making a representation against the proposed action under this rule.

Application and evidence

1. Primary statutory test — (1) The Central Government may constitute one or more Technical Committees or Advisory Committees for the purpose of assisting the National Board in discharge of its functions specified in sub section (1) of section 16 of the Code, for such period as in the order constituting Technical Committees or Advisory Committees.
2. Additional operative limb — (2) The Technical Committees or Advisory Committees may be multi-members Committee and consist of members from a government, public, autonomous, private institutions or industries, research, academic institutions or occupational health.
3. Qualification / exception to test — Provided that the Central Government may, if it is satisfied that such member was prevented by sufficient cause from attending two 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.
4. Numerical or timing control — (3) The members of the committee shall have Bachelor’s degree in engineering with Diploma or post- graduate diploma in industrial safety or Master's Degree in Physics or Chemistry or Bachelor of Medicine and Bachelor of Surgery with Associate Fellow of Industrial Health, with an experience of not less than twenty years in regulatory body or industry or…
5. Code Section mapping — 16, 18. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Central Government.

Cross-references & prescribed forms

Worked example

Q&A — Rule 12

Primary sources