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Union of India - Section

Section 8A in The Coal Mines Provident Fund Scheme

8A. [ Nomination of a substitute during absence of a Trustee. [Paragraph 8A added vide G.S.R. 1245 dated 17.7.63.]

(1)If a Trustee is unable to attend any meeting of the Board, he may by a written instrument, signed by him, addressed to the Chairman of the Board and explaining the reasons for his inability to attend the meeting, appoint any representative of the organisation which he represents on the Board as his substitute for attending that meeting of the Board in his place and stead :Provided that no such appointment shall be valid unless -
(i)such appointment has been approved by the Chairman of the Board, and
(ii)the instrument making such appointment has been received by the Chairman of the Board atleast [seven days] before the date fixed for the meeting.
(2)A substitute validly appointed under sub-paragraph (1) shall have all the rights and powers of a Trustee in relation to the meeting of the Board in respect of which he is appointed and shall receive fees and allowances enjoy immunities and be under obligations as if he were a Trustee appointed [under section 3-A of the Act.] [The words and figure 'under paragraph 3' substituted vide G.S.R. 492 dated 1.4.66.]
(3)A Trustee appointing a substitute for attending any meeting of the Board shall notwithstanding anything contained in this paragraph, continue to be liable for the misappropriation or misapplication of the Fund and shall also be liable for any act of misfeasance or non-feasance committed in relation to the Fund by the substitute appointed by him].