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

MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 15th April, 2021

G.S.R. 261(E).- The following draft rules, which the Central Government proposes to make in exercise of powers conferred by Sections 16 (5) of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with section 24 of General Clauses Act, 1897(10 of 1897), are hereby notified as required by sub-section (1) of Section 134, for information of all persons likely to be affected thereby and notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of 45 days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;

Objections and suggestions, if any, may be addressed to Shri Kesh Ram Meena, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No: 17, Shram Shakti Bhawan, Rafi Marg, New Delhi or by email (fasli@dgfasli.nic.in and kr.meena86@nic.in). The objections and suggestions should be sent in a proforma containing columns (i) specifying the name and address of the persons and organizations and column (ii) specifying the rule or sub-rule which is proposed to be modified and column (iii) specifying the revised rule or sub rule proposed to be submitted and the reasons therefore; Objections and suggestions, which may be received from any person or organization with respect to the said draft notification before expiry of a period of 45 days, specified above, will be considered by the Central Government.

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

Technical Committees

(1) Constitution of Technical Committees.

(i) 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.

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

(iii) 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.

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

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

(vi) 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.

(vii) 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.

(2) Functions of Technical Committees.

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

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

(3) Resignation:-

(i) 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.

(ii) 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.

(iii) 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.

(4) 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.

(5) Disqualification for membership:-

(i) A person shall be disqualified for being a member of the Technical Committee -

(i.a) if he is of unsound mind and stands so declared by a competent court;

(i.b) if he is an undischarged insolvent; or

(i.c) if he 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 sub-rule (1), the Central Government shall decide such question, should be treated as final.

(6) 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.

[F. No. S-65025/04/2020-ISH-II]
GOPAL PRASAD, Economic Adviser