Andhra Pradesh Minimum Wages Rules, 1960

 
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1Andhra Pradesh Minimum Wages Rules, 1960

In exercise of the powers conferred by sub-section (1) of Section 30 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), the Governor of Andhra Pradesh hereby makes the following rules, the same having been previously published as required by the said section, namely--

CHAPTER - I

Preliminary

1. Short title and extent.--

(1) These rules may be called the Andhra Pradesh Minimum Wages Rules, 1960.

(2) They extend to the whole of the State of Andhra Pradesh.

2. Interpretation.--

(1) In these rules, unless the context otherwise requires: -

(a) 'Act' means the Minimum Wages Act, 1948 (Central Act II of 1948).

(b) 'Authority' means the authority appointed under sub-section (1) of Section 20;

(c) 'Board' means the Advisory Board appointed under Section 7;

(d) 'Chairman' means the Chairman of the Advisory Board or the committee as the case may be, appointed under Section 9.

(e) ' Committee' means a committee appointed under Clause (a) of subsection (1) of Section 5 and includes a sub-committee appointed under that section;

(f) 'Day' means a period of twenty-four hours beginning at midnight;

(g) 'Form' means form appended to these rules;

(h) 'Government' means a the Government of Andhra Pradesh;

(i) 'Inspector' means a person appointed as inspector under Section 19;

(j) 'Registered Trade Union' means a trade union registered under the Indian Trade Unions Act, 1926; and

(k) 'Section' means a section of the Act.

(2) Words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Act

Footnote:

1. R.S. to Part I, A.P. Gazette dt. 30-6-1960 page 290.

After 1-11-1956 there were two sets of rules viz., the Andhra Minimum Wages Rules and the Hyderabad Minimum Wages Rules in force in Andhra and Telangana regions respectively. The Government, to have uniform rules and procedure in respect of minimum wages issued the Andhra Pradesh Minimum Wages Rules, 1960.

CHAPTER II

Membership, Meetings and Staff of the Board and Committee

3. Term of office of members of the Committee.--

The terms of office of the members of the Committee shall be such as in the opinion of the Government are necessary for completing the enquiry into the scheduled employment concerned and the Government may, at the time of the constitution of the Committee fix such terms and may, from time to time, extend them as circumstances may require.

4. Term of office of members of the Board.--

(1) Save as otherwise expressly provided in these rules, the term of office of a non-official member of the Board shall be two years commencing from the date of his nomination:

Provided that such member shall, notwithstanding the expiry of the said period of two years continue to hold office until his successor is nominated.

(2) A non-official member of the Board nominated to fill casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.

(3) The official members of the Board shall hold office during the pleasure of the Government.

5. Nomination of substitute member.--

If a member is unable to attend a meeting of the Committee, or the Board, the Government or the body which nominated the said member may by notice in writing, signed on its behalf and by such member and addressed to the Chairman of the Committee, or Board, as the case may be, nominate a substitute in his place to attend that meeting. Such a substitute member shall have all the rights of a member in respect of that meeting.

6. Travelling allowance.--

A non-official member of the committee or the Board shall be entitled to/draw travelling and halting allowances for any journey performed by him in connection with his duties as such member at rates and subject to the conditions applicable to a non-official member of first class committee as laid down by the Government from time to time.

7. Staff.--

(1) The Government may appoint a Secretary to the Committee or the Board, and such other staff as it may drink necessary and may fix their salaries and allowances payable to them and specify their conditions of service.

(2) (i) The Secretary shall be the Chief Executive Officer of the Committee or the Board, as the case may be. He may attend the meetings of such Committee or Board but shall not be entitled to vote at such meetings,

(ii) The Secretary shall assist the Chairman convening meetings and shall keep a record of the minutes of such meetings and shall take necessary measure to carry out the decisions of the Committee or the Board as the case may be.

8. Eligibility for renomination of the members of the Committee or the Board.--

An outgoing member shall be eligible for renomination for the membership of the Committee or the Board of which he was a member.

9. Resignation of the Chairman and members of the Committee or the Board and filling up of casual vacancies.--

(1) A member of the Committee or the Board, other than the Chairman may, by giving notice in writing to the Chairman resign his membership.

(2) The Chairman may resign by a letter addressed to the Government.

(3) A resignation shall take effect from the date of communication of its acceptance or on the expiry of 30 days from the date of resignation whichever is earlier.

(4) When a vacancy occurs or is likely to occur in the membership of the Committee, or the Board, the Chairman shall immediately submit a report to the Government. The Government shall then take steps to fill the vacancy.

10. Cessation and restoration of membership.--

(1) If a member of the Committee or the Board fails to attend three consecutive meetings he shall subject to the provisions of sub-rule (2), cease to be a member thereof.

(2) A person, who ceases to be a member under sub-rule (1), shall be given intimation of such cessation by a letter sent to him by registered post within a period of fifteen days from the date of such cessation. The letter shall indicate that if he desires restoration of his membership, he may apply there for within a period of thirty days from the receipt of such letter. The application for restoration of membership, if received within the said period, shall be placed before the Committee or the Board, as the case may be, and if a majority of members present at the next meeting is satisfied that the reasons for a failure to attend three consecutive meetings are adequate, the member shall be restored to membership immediately after a resolution to that effect is passed.

11. Disqualification.--

(1) A person shall be disqualified for being nominated as, and for being a member of Committee or the Board as the case may be.

(i) if he is declared to be of unsound mind by a competent Court; or

(ii) if he is an undischarged insolvent; or

(iii) if before or after the commencement of the Act, he has been convicted of an offence involving moral turpitude.

(2) If any question arises whether a disqualification has been incurred, under sub-rule (1), the decision of the Government thereon shall be final.

12. Meetings.--

The Chairman may, subject to the provisions of Rule 13, call a meeting of the Committee or the Board, as the case may be, at any time he thinks fit:

Provided that on a requisition in writing from not less than one half of the members or not less than two-thirds of the representatives of the employers or of the employees as the case may be, the chairman shall call a meeting within a period of fifteen days from the date of receipt of such requisition.

13. Notice of meetings.--

The Chairman shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars along with list of business to be conducted at the meeting shall be sent to each member by registered post at least fifteen days before the date fixed for such meeting:

Provided that in the case of an emergent meeting, notice of at least seven days shall be given to every member.

14. Chairman.--

(1) The Chairman shall preside at the meetings of the Committee or the Board, as the case may be.

(2) In the absence of the Chairman at any meeting the members shall elect from amongst independent members by a majority of votes, a member, who shall preside at such meeting.

15. Quorum.--

No business shall be transacted at any meeting unless at least one-third of the number of members are present:

Provided that if at any meeting less than one-third of the total number of members are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present.

16. Disposal of business.--

All business shall be considered, at a meeting of the Committee, or the Board, as the case may be, and shall be decided by a majority of the votes of the members present and voting. In the event of an equal number of votes, the Chairman shall have a casting vote:

Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and by securing written opinion of the members:

Provided further that no decision on any question which is referred under the preceding proviso shall be taken, unless supported by not less than a two-third majority of the members.

17. Method of voting.--

Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide.

18. Proceedings of the meeting.--

(1) The proceedings of each meeting showing inter alia the names of the members present thereat shall be forwarded to each member and to the Government as soon after the meeting as possible and in any case, not less than seven days, before the next meeting.

(2) The proceedings of each meeting shall be confirmed with...

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