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INDUSTRIAL RELATIONS ACT, 1946
Constitution, Officers and Proceedings of Joint Labour Committees.
1. In this Schedule, the word “committee” means a joint labour committee.
2. (1) A committee shall consist of—
(a) members (in this Schedule referred to as independent members) appointed by the Minister and chosen as being independent persons, being—
(i) a chairman, and
(ii) not more than two other persons, and
(b) members (in this Schedule referred to as representative members) appointed by the Court being—
(i) such number, as the Court thinks fit, of persons (in this Schedule referred to as representative (employers) members) who, in the opinion of the Court, represent employers in relation to whom the committee is to operate, and
(ii) an equal number of persons (in this Schedule referred to as representative (workers) members) who, in the opinion of the Court, represent workers in relation to whom the committee is to operate.
(2) Before appointing a representative member of a committee the Court shall, so far as is reasonably practicable, consult any organisation of employers or, as the case may be, workers concerned.
(3) Every independent member of a committee shall hold office during the pleasure of the Minister.
(4) Where a representative member of a committee ceases, in the opinion of the Court, to be representative of the employers or, as the case may be workers, whom he was appointed to represent, the Court shall determine his membership.
(5) The Court may, in its discretion, determine the membership of any representative member of a committee.
(6) Where the membership of any representative member of a committee is determined, such member shall cease to be a member of the committee
3. Such officers and servants as are required to assist a committee in the exercise of its functions shall be provided from the officers and servants of the Court.
4. The proceedings of a committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member.
5. In order to constitute a meeting of a committee at least one independent member and at least one-third of the whole number of the representative members must be present.
6. (1) Subject to the provisions of this paragraph, every member of a committee shall have one vote.
(2) If at any meeting of a committee the group of representative (employers) members present does not equal in number the group of representative (workers) members present—
(a) whichever of the said groups is in the majority may arrange that any one or more of its number shall refrain from voting so as to preserve equality,
(b) if no such arrangement is made, the chairman of the committee or, in his absence, the person who is acting as chairman of the meeting, may adjourn the voting on any question to another meeting of the committee.
(3) At a meeting of a committee, the chairman of the committee, or, in his absence, the person who is acting as chairman of the meeting shall have a second or casting vote on any question on which the voting is otherwise equal.
7. (1) A committee shall meet at such places and times as it may from time to time determine to be suitable for the discharge of its functions under this Act, and may adjourn any of its meetings.
(2) A committee shall, save as otherwise provided by this Act, adopt such procedure at its meetings and otherwise, as it may determine to be suitable for the discharge of its functions under this Act.
8. (1) A committee, with the consent of the Court, may appoint sub-committees to assist it.
(2) A sub-committee of a committee may consist of members of the committee and such other persons as the committee with the concurrence of the Court may appoint.
(3) A district trade committee established under the Trade Boards Acts, 1909 and 1918, established by a committee when it was a trade board shall be deemed to be a sub-committee appointed by the committee under subparagraph (1) of this paragraph.
9. Any member of the Court may be present at a meeting of a committee and shall have the right to take part in the proceedings but shall not have the right to vote.
10. Members of a committee or of a sub-committee, may be paid such remuneration and allowances (including compensation for loss of time) as the Minister, with the consent of the Minister for Finance, may determine.