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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 postgraduate 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 Advi sory Commit tees 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.
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