EQUAL REMUNERATION ACT,
1976
[Act No. 25 of Year 1976]
An Act to provide for the
payment of equal remuneration to men and women workers and for the prevention of
discrimination, on the ground of sex, against women in the matter of
employment and for matters connected therewith or incidental
thereto.
Be it enacted by Parliament in
the Twenty-seventh Year of the Republic of India as follows: -
CHAPTER I: PRELIMINARY
1. Short title, extent and
commencement
(1) This Act may be called the
Equal Remuneration Act, 1976.
(2) It extends to the whole of
India.
(3) It shall come into force
on such date, not being later than three years from the passing of
this Act, as the Central Government may, by notification, appoint
and different dates may be appointed for different establishments or
employments.
2. Definitions
In this Act, unless the
context otherwise requires-
(a) "appropriate government"
means-
(i) in relation to any
employment carried on by or under the authority of the central
Government or a railway administration, or in relation to a banking
company, a mine, oil-field or major port or any corporation
established by or under a Central Act, the Central Government,
and
(ii) in relation to any other
employment, the State Government;
(b) "commencement of this Act"
means, in relation to an establishment or employment, the date on
which this Act comes into force in respect of that establishment or
employment;
(c) "employer" has the meaning
assigned to it in clause (f) of section 2 of the Payment of Gratuity
Act, 1972 (39 of 1972);
(d) "man" and "woman" means
male and female human beings, respectively, of any age;
(e) "notification" means a
notification published in the Official Gazette;
(f) "prescribed" means
prescribed by rules made under this Act;
(g) "remuneration" means the
basic wage or salary, and any additional emoluments whatsoever
payable, either in cash or in kind, to a person employed in respect
of employment or work done in such employment, if the terms of the
contract of employment, express or implied, were fulfilled;
(h) "same work or work of a
similar nature" means work in respect of which the skill, effort and
responsibility required are the same, when performed under similar
working conditions, by a man or a woman and the differences, if any,
between the skill, effort and responsibility required of a man and
those required to a woman are not of practical importance in
relation to the terms and conditions of employment;
(i) "worker" means a worker in
any establishment or employment in respect of which this Act has
come into force;
(j) words and expressions used
in this Act and not defined but defined in the Industrial Disputes
Act, 1947 (14 of 1947), shall have the meanings respectively
assigned to them in that Act.
3. Act to have overriding
effect
The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith
contained in any other law or in the terms of any award, agreement
or contract of service, whether made before or after the
commencement of this Act, or in any instrument having effect under
any law for the time being in force.
CHAPTER II: PAYMENT OF REMUNERATION OF EQUAL RATES TO MEN
AND WOMEN WORKERS AND OTHER MATTERS
4. Duty of employer to pay equal
remuneration to men and women workers for same work or work of a
similar nature.
(1) No employer shall pay to
any worker, employed by him in an establishment or employment,
remuneration, whether payable in cash or in kind, at rates less
favourable than those at which remuneration is paid by him to the
workers of the opposite sex in such establishment or employment for
performing the same work or work of a similar nature.
(2) No employer shall, for the
purpose of complying with the provisions of sub-section (1), reduce
the rate of remuneration of any worker.
(3) Where, in an establishment
on employment, the rates of remuneration payable before the
commencement of this Act for men and women workers for the same work
or work of a similar nature are different only on the ground of sex,
then the higher (in cases where there are only two rates), or, as
the case may be, the highest (in cases where there are more than two
rates) of such rates shall be the rate at which remuneration shall
be payable, on and from such commencement, to such men and women
workers.
PROVIDED that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act.
Comment: It is lastly urged on behalf of
the petitioner that the enforcement of the Act will be highly
prejudicial to the management, since its financial position is not
satisfactory and the management is not able to pay equal
remuneration to both male Stenographers and female Stenographers.
The Act does not permit the management to pay to a section of its
employees doing the same work or a work of similar nature lesser pay
contrary to section 4(1) of the Act only because it is not able to
pay equal remuneration to all. The applicability of the Act does not
depend upon the financial ability of the management to pay equal
remuneration as provided by it. AIR 1987 SUPREME COURT 1281,
Mackinnon Mackenzie and Co. Ltd.v. Audrey D'Costa
5. No discrimination to be made
while recruiting men and women workers
On and from the commencement
of this Act, no employer shall, while making recruitment for the
same work or work of a similar nature, [or in any condition of
service subsequent to recruitment such as promotions, training or
transfer,] make any discrimination against women except where the
employment of women in such work is prohibited or restricted by or
under any law for the time being in force:
PROVIDED that the provisions
of this section shall not affect any priority or reservation for
scheduled castes or scheduled tribes, ex-servicemen, retrenched
employees or any other class or category of persons in the matter of
recruitment to the posts in an establishment or employment.
6. Advisory committee
(1) For the purpose of
providing increasing employment opportunities for women, the
appropriate government shall constitute one or more advisory
committees to advise it with regard to the extent to which women may
be employed in such establishments or employments as the Central
Government may, by notification, specify in this behalf.
(2) Every advisory committee
shall consist of not less than ten persons, to be nominated by the
appropriate government, of which one-half shall be women.
(3) In tendering its advice,
the advisory committee shall have regard to the number of women
employed in the concerned establishment or employment, the nature of
work, hours of work, suitability of women for employment, as the
case may be, the need for providing increasing employment
opportunities for women, including part-time employment and such
other relevant factors as the committee may think fit.
(4) The advisory committee
shall regulate its own procedure.
(5) The appropriate government
may, after considering the advice tendered to it by the advisory
committee and after giving to the persons concerned in the
establishment or employment an opportunity to make representations,
issue such directions in respect of employment of women workers, as
the appropriate government may think fit.
7. Power of appropriate
government to appoint authorities for hearing and deciding claims
and complaints
(1) The appropriate government
may, by notification, appoint such officers, not below the rank of a
labour officer, as it thinks fit to be the authorities for the
purpose of hearing and deciding-
(a) complaints with regard to
the contravention of any provision of this Act;
(b) claims arising out of
non-payment of wages at equal rates to men and women workers for the
same work or work of a similar nature;
and may, by the same or
subsequent notification, define the local limits within which each
such authority shall exercise its jurisdiction.
(2) Every complaint or claim
referred to in sub-section (1) shall be made in such manner as may
be prescribed.
(3) If any question arises as
to whether two or more works are of the same nature or of a similar
nature, it shall be decided by the authority appointed under
sub-section (1).
(4) Where a complaint or claim
is made to the authority appointed under sub-section (1) it may,
after giving the applicant and the employer an opportunity of being
heard, and after such inquiry as it may consider necessary,
direct-
(i) in the case of a claim
arising out of non-payment of wages at equal rates to men and women
workers for the same work or work of a similar nature, that payment
be made to the worker of the amount by which the wages payable to
him exceed the amount actually paid;
(ii) in the case of complaint,
that adequate steps be taken by the employer so as to ensure that
there is no contravention of any provision of this Act.
(5) Every authority appointed
under sub-section (1) shall have all the powers of a Civil Court
under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose
of taking evidence and of enforcing the attendance of witnesses and
compelling the production of documents, and every such authority
shall be deemed to be a civil court for all the purposes of section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of
1974).
(6) Any employer or worker
aggrieved by any order may be an authority appointed under
sub-section (1), on a complaint or claim may, within thirty days
from the date of the order, prefer an appeal to such authority as
the appropriate government may, by notification, specify in this
behalf, and that authority may, after hearing the appeal, conform,
modify or reverse the order appealed against and no further appeal
shall lie against the order made by such authority.
(7) The authority referred to
in sub-section (6) may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the
period specified in sub-section (6), allow the appeal to be
preferred within a further period of thirty days not
thereafter.
(8) The provisions of
sub-section (1) of section 33C of the Industrial Disputes Act, 1947
(14 of 1947), shall apply for the recovery of monies due from an
employer arising out of the decision of an authority appointed under
this section.
CHAPTER III: MISCELLANEOUS
8. Duty of employers to maintain
registers
On and from the commencement
of this Act, every employer shall maintain such registers and other
documents in relation to the workers employed by him as may be
prescribed.
9. Inspectors
(1) The appropriate government
may, by notification, appoint such persons as it may think fit to be
inspectors for the purpose of making an investigation as to whether
the provisions of this Act, or the rules made thereunder, are being
complied with by employers, and may define the local limits within
which an inspector may make such investigation.
(2) Every inspector shall be
deemed to be a public servant within the meaning of section 21 of
the Indian Penal Code (45 of 1860).
(3) An inspector may, at any
place within the local limits of his jurisdiction-
(a) enter, at any reasonable
time, with such assistance as he thinks fit, any building, factory,
premises or vessel;
(b) require any employer to
produce any register, muster-roll or other documents relating to the
employment of workers, and examine such documents;
(c) take, on the spot or
otherwise, the evidence of any person for the purpose of
ascertaining whether the provisions of this Act are being, or have
been, complied with;
(d) examine the employer, his
agent or servant or any other person found in charge of the
establishment or any premises connected therewith or any person whom
the inspector has reasonable cause to believe to be, or to have been
a worker in the establishment;
(e) make copies, or take
extracts from, any register or other document maintained in relation
to the establishment under this Act.
(4) Any person required by an
inspector to produce any register or other document or to give any
information shall comply with such requisition.
10. Penalties
(1) If after the commencement
of this Act, any employer, being required by or under the Act, so to
do-
(a) omits or fails to maintain
any register or other document in relation to workers employed by
him, or
(b) omits or fails to produce
any register, muster-roll or other document relating to the
employment of workers, or
(c) omits or refuses to give
any evidence or prevents his agent, servant, or any other person in
charge of the establishment, or any worker, from giving evidence,
or
(d) omits or refuses to give
any information,
he shall be punishable
2[with simple imprisonment for a term which may extend to
one month or with fine which may extend to ten thousand rupees or
with both].
(2) If, after the commencement
of this Act, any employer-
(a) makes any recruitment in
contravention of the provisions of this Act, or
(b) makes any payment of
remuneration at unequal rates to men and women workers, for the same
work or work of a similar nature, or
(c) makes any discrimination
between men and women workers in contravention of the provisions of
this Act, or
(d) omits or fails to carry
out any direction made by the appropriate government under
sub-section (5) of section 6,
he shall be punishable
2[with fine which shall not be less than ten thousand
rupees but which may extend to twenty thousand rupees or with
imprisonment for a term which shall be not less than three months
but which may extend to one year or with both for the first offence,
and with imprisonment which may extend to two years for the second
and subsequent offences].
(3) If any person being
required so to do, omits or refuses to produce to an inspector any
register or other document or to give any information, he shall be
punishable with fine which may extend to five hundred rupees.
11. Offences by
companies
(1) Where an offence under
this Act has been committed by a company, every person who, at the
time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:
PROVIDED that nothing
contained in this sub-section shall render any such person liable to
any punishment, if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything
contained in sub-section (1), where any offence under this Act has
been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable
to any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or
other office shall be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation : For the
purposes of this section-
(a) "company" means any body
corporate and includes a firm or other association of individuals;
and
(b) "director", in relation to
a firm, means a partner in the firm.
12. Cognizance and trial of
offences
(1) No court inferior to that
of a Metropolitan Magistrate or Judicial Magistrate of first class
shall try any offence punishable under this Act.
(2) No court shall take
cognizance of an offence punishable under this Act except upon-
(a) its own knowledge or upon
a complaint made by the appropriate government or an officer
authorised by it in this behalf, or
(b) a complaint made by the
person aggrieved by the offence or by any recognised welfare
institution or organisation.
Explanation : For the
purposes of this sub-section "recognised welfare institution or
organisation" means a social welfare institution or organisation
recognised in this behalf by the Central or State Government.]
13. Power to make
rules
(1) The Central Government
may, by notification, make rules for carrying out the provisions of
this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-
(a) the manner in which
complaint or claim referred to in sub-section (1) of section 7 shall
be made;
(b) registers and other
documents which an employer is required under section 8 to maintain
in relation to the workers employed by him;
(c) any other matter which is
required to be, or may be, prescribed.
(3) Every rule made by the
Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament while it is in
session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
14. Power of Central Government
to give directions
The Central Government may
give directions to a State Government as to the carrying into
execution of this Act in the State.
15. Act not to apply in certain
special cases
Nothing in this Act shall
apply-
(a) to cases affecting the
terms and conditions of a womans employment in complying with the
requirements of any law giving special treatment to women, or
(b) to any special treatment
accorded to women in connection with-
(i) the birth or expected
birth of a child, or
(ii) the terms and conditions
relating to retirement, marriage or death or to any provision made
in connection with the retirement, marriage or death.
16. Power to make
declaration
Where the appropriate
government is, on a consideration of all the circumstances of the
case, satisfied that the differences in regard to the remuneration,
or a particular species of remuneration, of men and women workers in
any establishment, or employment is based on a factor other than
sex, it may, by notification, make a declaration to that effect, and
any act of the employer attributable to such a difference shall not
be deemed to be contravention of any provision of this Act.
17. Power to remove
difficulties
If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by notification, make any order, not inconsistent with the
provisions of this Act, which appears to it to be necessary for the
purpose of removing the difficulty:
PROVIDED that every such order
shall, as soon as may be after it is made, be laid before each House
of Parliament.
18. Repeal and saving
(1) The Equal Remuneration
Ordinance, 1975 (12 of 1975), is hereby repealed.
(2) Notwithstanding such
repeal, anything done or any action taken under the Ordinance, so
repealed (including any notification, nomination, appointment, order
or direction made thereunder) shall be deemed to have been done or
taken under the corresponding provisions of this Act, as if this Act
were in force when such thing was done or action was taken.
[GSR 119(E), dated 11th. March,
1976]
In exercise of the powers
conferred by section 13 of the Equal Remuneration Ordinance, 1976
(25 of 1976), the Central Government hereby makes the following
rules, namely,-
CHAPTER I : PRELIMINARY
1. Short title and
commencement
(1) These rules may be called
the Equal Remuneration Rules, 1976.
(2) They shall come into force
on the date of their publication in the Official Gazette.
2. Definitions
In these rules, unless the
context otherwise requires,-
(a) "Act" means the Equal
Remuneration Act, 1976 (25 of 1976);
(b) "authority" means an
authority appointed by the appropriate government under sub-section
(1) of section 7;
(c) "form" means a form
appended to these rules;
(d) "section" means a section
of the Act;
(e) "registered Trade Union"
means a Trade Union registered under the Trade Union Act, 1926 (16
of 1926).
CHAPTER II: COMPLAINTS AND CLAIMS UNDER THE ACT
3. Complaints regarding
contravention of the Act
(1) Every complaint under
clause (a) of sub-section (1) of section 7 shall be made in
triplicate, in form A to the authority.
(2) A single complaint may be
made by, or on behalf of, or in relation to, a group of workers, if
they are employed in the same establishment and the complaint
relates to the same contravention.
(3) A complaint may be made by
the worker himself or herself or by any legal practitioner, or by
any official of a registered Trade Union, authorised in writing to
appear and act on his or her behalf or by any inspector appointed
under section 9 or by any other person acting with the permission of
the authority.
4. Claim regarding non-payment of
wages, etc.
(1) Every claim under clause
(b) of sub-section (1) of section 7 shall be made by petition in
triplicate, in Form 'B' to the authority.
(2) A single petition may be
made by or on behalf of, or in relation to a group of workers, if
they are employed in the same establishment and their claims are of
the same nature.
(3) A claim may be made by the
worker himself or herself or by any legal practitioner, or by any
official of a registered Trade Union, authorised in writing to
appear and act on his or her behalf or by any Inspector appointed
under section 9 or by any other person acting with the permission of
the authority.
5. Authorisation
The authorisation referred to
in sub-rule (3) of rule 3 or sub-rule (3) of rule 4 shall be in Form
C which shall be presented to the Authority to whom the complaint
or the claim, as the case may be, is made along with such complaint
or claim and shall form part of the record.
CHAPTER III: REGISTERS TO BE MAINTAINED
6. Registers to be maintained by
the employer
Every employer shall maintain
up to date a register in relation to the workers employed by him in
Form D at the place where workers are employed.]
FORM A :
COMPLAINT UNDER CLAUSE 7(1)(a) OF THE EQUAL REMUNERATION ACT,
1976
[To be
submitted in triplicate]
[Rule 3(1)]
To
The authority appointed under
sub-section (1) of section 7.
.....................................................
(Address)
A
.
Complainant(s)
.................................................. Full
address
Versus
B
.. Opposite
party
................................................... Full
address
The complainant(s) begs / beg
to complain that the opposite party has been guilty of a
contravention(s) of the provisions of the Equal Remuneration Act,
1976 (25 of 1976) as shown below:-
[Here set out briefly the
particulars showing the manner in which the alleged contraven-
tion(s) has / have taken
place and the grounds supporting the complaint.]
The complainant(s) accordingly
prays / pray that the authority
..may be pleased to decide the
complaint set out above and pass such order or orders thereon as it
may deem fit and proper.
The number of copies of the
complaint (along with its annexures) as required under sub-rule (1)
of rule 3 of the Equal Remuneration Rules, 1976 are submitted
herewith.
The complainant(s) does / do
solemnly declare that the facts stated in this complaint are true to
the best of his/her/their knowledge, belief and information.
Signature(s) / thumb
impression(s) of the complainant(s)
I have been duly authorised in
writing...................
by [here insert the name of the
worker(s)], to appear and act on his/her/their behalf.
Signature of the legal
practitioner/official of a Registered Trade Union duly authorised
Station
Date
Strike out this portion if
inapplicable.
FORM B : CLAIM
UNDER SECTION 7(1)(b) OF THE EQUAL REMUNERATION ACT,
1976
(To be
submitted in triplicate)
[Rule
4(1)]
To
The authority appointed under
sub-section (1) of section 7.
A
Petitioner(s)
.............................
...Full address
Versus
B
... Opposite party
................................. Full address
The petitioner(s) above named
states / state as follows:-
(1) The petitioner(s) was /
were / is / are employed from
to
as
(category) in
. (name of
the establishment) of Shri / Messrs
. (name of the employer and
address).
(2) The opposite party is the
employer within the meaning of clause (c) of section 2 of the Equal
Remuneration Act, 1976 (25 of 1976).
(3) The petitioner(s) was /
were / has / have not been paid wages at rates equal to those of
workers of the opposite sex for the same work or work of a similar
nature for the period from
.. to
.
(4) The petitioner(s) was /
were / has / have been paid wages at the rate of
. whereas workers
of the opposite sex for the same work or work of a similar nature
were paid/ have been paid at the rate of
during the said
period.
(5) The petitioner(s)
estimates / estimate the value of relief sought by him/them at Rs...
[Rupees
(in words)]
(6) The petitioner(s),
therefore, prays / pray that the authority may be pleased to decide
the claim set out above and pass such order or orders thereon as it
may deem fit and proper.
(7) The petitioner(s) begs /
beg leave to amend or add to or make alterations in the petition, if
and when necessary, with the permission of the authority.
The petitioner(s) does / do
solemnly declare that the facts stated in this petition are true to
the best of his/her/their knowledge, belief and information.
Signature(s)/thumb
impression(s) of the petitioner(s)
I have been duly authorised in
writing by
. [here insert the name of worker(s) to appear and act
on his / her / their behalf.]
Signature of the legal
practitioner/official of a registered Trade Union duly
authorised
Station
Date
Strike out this portion if inapplicable.
FORM C :
AUTHORITY IN FAVOUR OF LEGAL PRACTITIONER OR ANY OFFICIAL OF A
REGISTERED TRADE UNION
[Rule
5]
I / We hereby authorise
Shrimati/ Kumari
a legal practitioner/an official of
.. which
is a registered Trade Union to appear and act on my/our behalf,
under *sub-rule (3) of the rule 3/sub-rule (3) of rule 4 in respect
of the *complaint/claim against ........... (mention name of
employer) on account of
(mention violation of the Act).
Signature(s) / thumb
impression(s) of the worker(s)
Station
Date
Witness
(1)
(2)
(3)
I accept the
authorisation.
Section
*Legal practitioner Official
of a Registered Trade Union
Date
*Strike out whichever is inapplicable.
FORM D : REGISTER
TO BE MAINTAINED BY THE EMPLOYER UNDER RULE 6 OF THE EQUAL
REMUNERATION RULES, 1976
[Rule
6]
Name of the Establishment with full
address
Total number of workers
employed
.
Total number of men workers
employed
..
Total number of women workers employed .
Components of remuneration | |||||||||
Cate- gory of workers |
Brief
desc- ription of work |
No. of men
empl- oyed |
No. of
women empl- oyed |
Rate of
remu- neration paid |
Basic wage
or salary |
Dearness
allowa- nce |
House rent
allowa- nce |
Other
allowa- nce |
Cash value of concessional supply of essential commodities |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
CENTRAL
ADVISORY COMMITTEE ON EQUAL REMUNERATION RULES, 1991
[GSR 514(E), dated 31st. July,
1991]
In exercise of the powers
conferred by section 13 of the Equal Remuneration Act, 1976 (25 of
1976), the Central Government hereby makes the following rules,
namely: -
1. Short title and
commencement
(1) These rules may be called
the Central Advisory Committee on Equal Remuneration Rules,
1991.
(2) They shall come into force
on the date of their publication in the Official Gazette.
2. Definitions
(1) In these rules, unless the
context otherwise requires,-
(a) "Committee" means the
Central Advisory Committee constituted by the Central Government
under sub-section (1) of section 6 of the Equal Remuneration Act,
1976 (25 of 1976);
(b) "Chairman" means the
Chairman of the Committee.
3. Composition of the
Committee
The Committee shall consist of
not less than ten persons and not more than twenty persons excluding
the Chairman, to be nominated by the Central Government, of which
one-half shall be women. Nomination shall be made from amongst the
representatives of the Central Government, State Government/Union
Territory administrations, Members of Parliament, employers
organisations, employees organisations and non-governmental
organisations engaged in the study and welfare activities of women
labour. The composition of the Committee shall not be invalid for
the reason that representative belonging to any of the aforesaid
categories has not been included in the Committee.
4. Terms of office of members of
the Committee
(1) Save as otherwise
expressly provided in these rules, the term of office of a
non-official member of the Committee shall be two years 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 Committee nominated to fill a casual vacancy shall hold office
for the remainder period of the term of office of the member in
whose place he is nominated.
(3) The official member of the
Committee shall hold office during the pleasure of the Central
Government.
5. Allowances of
members
(1) The travelling allowances
of an official member shall be governed by the rules applicable to
him for journey performed by him on official duties and shall be
paid by the authority paying his salary.
(2) The non-official members
of the Committee shall be paid travelling allowance for attending
the meeting of the Committee, at such rates as are admissible to
Group A officers of the Central Government and daily allowances
shall be calculated at the maximum rate admissible to Group A
officers of the Central Government in their respective places.
6. Cessation of
membership
If any member of Committee not
being an ex officio member of the Committee, fails to attend three
consecutive meetings of the Committee, without obtaining the leave
of the Chairman for such absence, he shall cease to be a member of
the Committee:
PROVIDED that the Chairman
may, if he is satisfied that such member was prevented by sufficient
cause from attending three consecutive meetings of the Committee
without obtaining such leave, direct that such cessation shall not
take place and on such direction being made, such member shall
continue to be member of the Committee.
7. Disqualification for
membership
(1) A person shall be
disqualified for being nominated as, and for being, a member of the
Committee if he-
(i) is of unsound mind and
stands so declared by a competent court; or
(ii) is an undischarged
involvent; or
(iii) has been or is convicted
of an offence which, in the opinion of the Central Government
involves moral turpitude.
(2) If a question arises as to whether a disqualification has been incurred under sub-rule (1), the Central Government shall decide the same.