Centre

Center proposes Draft Rules to set up Technical Committees under OSH & WC Code

The Draft Rules under the Occupational Safety, Health and Working Conditions Code, 2020 are notified to set up the Technical Committee. This Draft Notification will be taken into consideration after the expiry of 45 days from the date on which the copies of published notifications in the Official Gazette are made available to the public. Any objections and suggestions may be addressed to the Under Secretary in a proforma as prescribed before the expiry of 45 days.

Draft Rules prescribed under section 16 (5) of the OSH&WC Code, 2020

Technical Committees

Constitution of Technical Committees.

The Central Government shall constitute one or more Technical Committees for the purpose of assisting the Central Government or National Board in discharge of its function specified in subsection (1) of section 16 of the Code.

The Technical Committees shall be multi-members committee, and consist of members from government, public, autonomous or private institutions/industries.

The members of the committee shall have Bachelor’s degree in engineering or Master’s Degree in (Physics/Chemistry) or MBBS with postgraduate in Medical Sciences or adequate experience of not less than 20 years in the specified field/ industry.

The Chairman of the Technical Committee shall be the ex-officio member or nominated by the Central Government.

The Technical Committee may constitute sub-committees to meet the specific requirements.

The Technical Committee shall follow such rules and procedure including its transaction of business as may be issued by the Central Government or National Board from time to time.

TA/DA for non-official members of the Technical Committee shall be as per the instructions issued from time to time by Department of Expenditure, Ministry of Finance.

Functions of Technical Committees.

The Technical Committees shall frame, formulate and review standards, rules and regulations on Occupational Safety, Health and Working Conditions under the Code, 2020.

The Technical Committee shall meet regularly on need basis and not less than once in a six month.

Resignation:-

A member of the Technical Committee, not being an ex officio member, may resign his office by a letter in writing addressed to the Central Government through the Chairperson of the Technical Committee.

A Chairman of the Technical Committee may resign his office by a letter in writing addressed to the Central Government, Secretary Ministry of Labour and Employment.

The seat of such a member or Chairman as case may be shall fall vacant from the date on which his 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.

Cessation of membership:-

If any member of the Technical Committee, 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 he 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.

Disqualification for membership:-

A person shall be disqualified for being a member of the Technical Committee —

if he is of unsound mind and stands so declared by a competent court;

if he is an undischarged insolvent; or

if he has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude.

Where a question arises as to whether a disqualification has been incurred under sub-rule the Central Government shall decide such question, should be treated as final.

Removal from membership:-

The Central Government may remove any member or Chairman of the Technical 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.

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