Section 4 in The Bombay Labour Welfare Fund Act, 1953
4. Board.
- [[The State Government shall, by notification in the Official Gazette, constitute a Board for the State of Gujarat for the purpose of administering the Fund, and to perform other functions assigned to the Board by or under this Act] [This portion was substituted for the sentence with 'The State Government' and ending with 'under this Act' by the Bombay Labour Welfare Board (Reconstitution) Order, 1959.]; The Board shall consist of the following members, 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 ; and(c)such number of independent members as may be prescribed, nominated by the State Government to represent women.(2)The members of the Board shall elect one of its independent members as the Chairman of the Board.(3)[ The members of the Board shall hold office during the pleasure of the State Government.] [Sub-section (3) substituted by Guj. 1 of 1999, dated 9th March, 1999.](4)The allowances, if any, payable to the members of the Board and the conditions of appointment of the representatives of the employers and employees shall be such as may be prescribed.(5)[The Board shall be a body corporate by the name of the Gujarat Labour Welfare Board] [These words were substituted for the portion beginning with the words 'The Board shall be known' and ending with the words 'a body corporate', by Gujarat 47 of 1961, Section 7 (b).] having pepetual succession and a common seal, with power to acquire property both moveable and immoveable, and shall by said name sue and be sued.(6)[ Notwithstanding anything contained in this section, until the Board for the State of Gujarat 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 (Gujarat Extension and Amendment) Act, 1961 (Gujarat XLV1I of 1961), in any area of the State, shall continue to function and operate in that area and shall be the Board of the purposes of this Act for that area; and on the constitution of the Board for the State of Gujarat 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, realisable by the existing Board shall vest in, and be realisable by the Board so constituted.(c)all rights and liabilities which are enforceable by or against the existing Board, shall be enforceable by or against the Board so constituted, and where in 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 service of the existing Board.]
