Act Info:
(1) [1][The State Government shall, by notification in the Official Gazette constitute the Board for the whole of the State of Maharashtra for the purpose of administering the Fund, and to carry on such other functions assigned to the Board by or under this Act.] The Board shall consist of the [2][following members, not exceeding twenty-six in number], namely.-
(a) such number as may be prescribed of representatives of employers and employees to be nominated by the State Government.
Provided that both employers and employees shall have equal representation on the Board;
(b) such number of independent members as may be prescribed, nominated by the State Government; [3][* * *]
(c) such number of independent members as may be prescribed, nominated by the State Government to represent women.
[4][(d) the Principal Secretary or Secretary (Finance) or his nominee shall be the ex officio member; and
(e) the Principal Secretary or Secretary (Labour) or his nominee shall be the ex officio member.]
(2) The members of the Board shall elect one of its independent members as the Chairman of the Board.
(3) Save as otherwise expressly provided by the Act, the term of office of the members of the Board shall be three years commencing on the date on which the names are notified in the Official Gazette.
(4) The allowances, if any, payable to the members of the Board [5][* * *] shall be such as may be prescribed.
(5) [6][The Board shall be a body corporate by the name of the Maharashtra Labour Welfare Board] having perpetual succession and a common seal, with power to acquire property both moveable and immovable, and shall by the said name sue and be sued.
[7][(6) Notwithstanding anything contained in this section, until the Board for the State of Maharashtra is duly constituted in accordance with the provisions of sub-section (1), the existing Board functioning and operating immediately before the commencement of the Bombay Labour Welfare Fund (Extension and Amendment) Act, 1961 (Mah. XXXVI of 1961), in any area of the State shall continue to function and operate in that area and shall be the Board for the purpose of this Act for that area; and on the constitution of the Board for the whole of the State of Maharashtra under sub-section (1)-
(a) such existing Board shall stand dissolved, and the members thereof shall vacate office;
(b) all properties, funds and dues which are vested in or realisable by the existing Board shall vest in, and be realisable by, the Board so constituted;
(c) all rights and liabilities which were enforceable by or against the existing Board, shall be enforceable by or against the Board so constituted, and wherein any proceedings in any court or tribunal the existing Board is a party thereto, the Board so constituted shall be deemed to be substituted as a party to those proceedings; and
(d) the Welfare Commissioner and the other officers and servants of the existing Board shall continue to be the Welfare Commissioner and officers and servants of the Board so constituted; but the terms and conditions of service of the Welfare Commissioner and other officers and servants shall not, until duly altered by a competent authority, be less favourable under the Board so constituted than those admissible to them while in the service of the existing Board.]
______________________
[1] This portion was substituted for the portion beginning with "The State Government of Bombay" and ending with "and the Karnatak area respectively" by Mah. 36 of 1961, Section 8(a).
[2] These words were substituted for the words "following members" by Mah. 16 of 1971, Section 4(1).
[3] The word "and" deleted by Mah. 24 of 2003, dated 7th August 2003 (w.r.e.f. 7th January 2002), s. 3(a).
[4] Clauses (d) and (e) inserted by Mah. 24 of 2003, dated 7th August 2003 (w.r.e.f. 7th January 2002), s. 3(b).
[5] The words "and the conditions of appointment of the representatives of the employers and employees" were deleted, by Mah. 16 of 1971, Section 4(2).
[6] These words were substituted for the portion beginning with "The Board shall be known" and ending with "a body corporate" by Mah. 36 of 1961, Section 8(b).
[7] Sub-section (6) was substituted for the original sub-section (6) and (7)" by Mah. 36 of 1961, Section 8(c).