RULE

BALUCHISTAN WORKERS' CHILDREN EDUCATION CESS (UTILIZATION) RULES, 1984 BALUCHISTAN WORKERS' CHILDREN EDUCATION CESS (UTILIZATION) RULES, 1984 [Gazette of Baluchistan, Extraordinary, No. 41, Jan. 31, 1984, P.1.] No: 1‑83/79‑Labour.‑‑In exercise of the powers conferred by section 6 of the Workers' Children (Education) Ordinance 1972 (X1 of 1972), the Government of Baluchistan is pleased to make the following Rules, namely :‑ 1. Short title and commencement.‑(1) These rules may be called the Baluchistan Workers' Children Education. Cess (Utilization) Rules, 1984. (2) They shall come into force at once. 2. "Definitions."‑(1) In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respec tively assigned. to them, that is to say :‑‑ (a) "Board" means the 'Baluchistan ,Provincial Board of Management constituted under rule 3 of these rules ; (b) "Committee". means Scholarship committees or a committee appointed by the Board for finance or any other objective ; (c) "Cess" means the cess payable under the said Ordinance , (d) "Chairman" means Chairman of the Board. (e) "Education" means and‑ includes all types of . education whether general; vocational, technical or professional imparted, taught and given in a recognised School, College, University or any other institution provided by giving a scholarship or stipend or‑other facilities such as text books, uniform, stationery, fees and funds payable to the institution or hostel and combination of more than one of these facilities and any other facilities connected with or inoidental to the objectives under the Ordinance which the Government of Baluchistan may deem necessary for the purposes of the said Ordinance ; (f) "Form" means form appended to these rules ; (g) "Government" means the Government of Baluchistan ; (h) "Member" means a member of the Board ; (i) "Non‑official member" means member other than official member ; (j) "Official member" means a member who is in service of Govern ment ; (k) "Ordinance" means the Workers' Children (Education) Ordi nance, 1972 (XI of 1972) ; (l) "Scholarship" Means and includes any financial aid to be given on monthly basis or otherwise to a student/child of the worker for such a period as the Board may deem fit ; , (m) "Stipend" includes any assistance, facility and benefit in the shape of cash or text‑book, stationery, uniform etc. to be given or provided for a, student/child of the workers or payment of fees, fund and dues payable by him to any institution or hostel in which he is, pursuing his studies or lodges for this purpose. 2. All expressions used but not defined in these rules shall have the meanings respectively assigned to them by Workers' Children (Education) Ordinance, 1972. 3. Constitution of Board.‑(1) As soon as it may fit the Government shall by a notification m the official Gazette constitute a Board. (2) The Board shall comprise of‑ (a) A Chairman, who shall be Secretary to the Government of Baluchistan, Labour Department ; (b) A member, who shall be :‑ . (i) Secretaries to the Government of Baluchistan Education and Financial Departments or their representatives not below the rank of a Deputy Secretary ; (ii) Director Labour Welfare Baluchistan ; (iii) Three representatives from the workers ; (iv) Three representatives from the employers contributing the cess provided that the representatives from workers and employers shall be nominated by the Government. (v) Any person co‑opted by the Board for any specific reason ; (vi) Director Labour Welfare will be Secretary of the Board. 4. Tenure of office of Member.‑(1) Official member shall be permanent unless removed, replaces) by the Government. A non‑official Member shall be nominated for a period of two years from the date of his notification. The outgoing members shall, however, be eligible for re‑nomination; Provided that an outgoing Member may continue in office until the appointment of his successor is notified; Provided further that no act or proceedings of the Board shall be invalid by reason only of existence of vacancy or defect in the constitution of the Board. (2) A person appointed as Member to fill a casual vacancy shall hold office for the unexpired, period of his predecessor. (3) A Member may by writing in his own hand addressed to the Chair man, resign his office or he may be removed by the Government if he is convicted of any offence which in the opinion of the Government involves moral turpitude or if he has been absent for three consecutive meetings without leave of absence obtained from the Chairman. 5. Meeting of the Board. ‑(1) The meeting of the Board shall be held at least once in every three months. (2) The meeting shall be convened by the Chairman whenever considered necessary. (3) The quorum for the meeting of Board shall be its Chairman and five Members of the Board provided that at least one Member from workers is present. . (4) The decisions of the Board shall be taken by the majority votes. In case of equality of votes, the Chairman shall have a second or casting vote. (5) The minutes of the meeting shall be recorded in a Minutes Book to be kept and maintained by the Secretary of the Board and shall be signed. The Minutes thus recorded shall be circulated amongst the Members present in Baluchistan. 6. Disposal of Business.‑(1) Each and every matters which the Board is required to take into, consideration shall be considered at a meeting. (2) A resolution in respect of mater not brought on ,the agenda, may be moved by any Member present in such meeting with the permission of the Chairman, and if such resolution is seconded it shall then be discussed in the meeting. (3) Constitution of Scholarship Committee.‑The Board shall constitute a committee or committees from amongst its members to scrutinize the appli cation for scholarship and benefits ancillary thereto :‑ (2) The committee shall comprise of :‑ (i) Director Labour Welfare I ... (Chairman) (ii) One representative of the Employers a . (Member) (iii) One representative of the Workers ... (Member) (iv) Any other person co‑opted or appointed by the Chairman. (4) The Board may refer any particular matter to a; committee constitu ted for its consideration and submission of report. The Board may also appoint experts/advisers to assist the committee thus constituted. . (5) The Chairman shall place the report, of findings of the committee and the opinion expressed by the expert/advisor before the Board for a decision. 7. Allowance for attending the meetings.‑A non‑official Member, and expert/adviser or any other person especially invited by the Board or the Committee shall be entitled to the following allowances :‑ (a) Travelling Allowance.‑A non‑official Member Will, be allowed the actual fare by road or rail, in a public transport paid by him for the journey to and from his place of residence. (b) Daily Allowance.‑Daily allowance at the rate of Rs. 35 will be paid to non‑Official Members .for actual number of days of the meeting attended by him and if needed for a day preceding to and following the day of the meeting. 8. Utilization of Funds.‑(I) The Board shall decide the manner, extent and the quantum of facilities and financial assistance to be given to the worker's child in connection with his education. (2) Workers employed in establishment paying Cess ,and eligible to benefit in respect of education of their children under these rules shall apply to the Chairman of the, Board through their employers in Form "E‑1" twice a year on dates to be specified by the Board. (3) The decision of the Board shall be communicated forthwith to the worker concerned as well as to his employer and the institution where the child is being educated. (4) The amount of the scholarship or stipend or other facilities shall be provided to the child concerned through the head of his educational institution who shall furnish such `quarterly (ports as may be desired by the Board. (5) The Chairman of the Board may withdraw a facility and financial assistance or stop payment of scholarship or stipend on expiry of an academic year or on completion of a purse or in case the worker concerned is dismissed, terminated or retrenched or the student concerned fails in a class in two successive attempts. (6) A worker aggrieved by the decision of the Board may prefer review petition, to the Chairman within 30 days of the communication thereof, who shall place the matter before the Board for review. 9. Maintenance of Account.‑The Secretary of the Board shall keep and maintain proper and correct accounts of the funds at its disposal, and the funds shall be audited in the same manner as the accounts of a Government office are audited. 10. Withdrawal.‑(1) The Chairman of the Board will be the draw ing and disbursing officer for the fund; Provided that he may nominate Director, Labour Welfare/Secretary of the Board as drawing and disbursing officer on his behalf. (2) The Board shall place. its demands for the financial year in its meeting for approval every year. In addition to other items of expenditure, the budget estimates statement must contain information regarding the amount of estimated expenditure of various items mentioned in rule (I), 8: (3) The Board shall scrutinize and revise, if need be the above‑said demands and shall allocate necessary funds for utilization. (4) The Chairman shall have the powers to incur expenditure unto Rs. 1,000 without prior permission of the Board. (5) The Secretary of the Board shall have power to incur expenditure upto Rs. 600 without prior permission of the Board. (6) The fund allocated by the Board 'shall be placed in the personal ledger Accounts in the name of the Chairman. 11. Miscellaneous.‑(1) The Board shall have powers to call for any information from any industry or establishment. (2) The details of beneficiaries will be maintained in form "E‑II". 12. Accounting Procedure.‑The Department or the Agency which collects and disburses cess under the said Ordinance shall incur expenditure not exceeding 5 % of the total receipts each year, on the administration of the fund established under the said Ordinance. 13. Saying. Action taken, decision made and budget sanctioned under various rules shall be deemed to have been taken, made and sanctioned under these rules. 14. Repeal.‑The Baluchistan Workers' Children Education (Disburse ment of Benefits) Rules, 1977 are hereby repealed.