Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Motor Industry Sick, Accident and Maternity Pay Fund Agreement, 2017Clause 9 - Powers and Duties of MIBCO Governing Board |
| (1) | Subject to the discretion of the Council and to the terms of this Agreement, and with the exception provided for in clause 8(2) and 8(3) herein, the MIBCO Governing Board shall have full control of the affairs of the Fund. |
| (2) | Every member of the Fund shall be provided by the MSSC with a copy of the Rules of the Fund or a summary thereof. |
| (3) | the MIBCO Governing Board may, with the exception provided for in clause 8(2) and 8(3) herein— |
| (a) | engage employees to assist in the administration of the Fund under such conditions as it may determine; |
| (b) | refuse or withhold any or all benefits from any member who, in its opinion, has acted in a manner calculated or reasonably likely to injure the interests of the Fund or its members: Provided that such member shall, if he so requests, be given the opportunity of appearing before the MSSC Board to be heard; |
| (c) | sanction expenditure; |
| (d) | empower its Chairman and/or Vice-chairman and its secretary or other official to sign jointly on behalf of the Fund any agreements and contracts of which the party have approved; |
| (e) | open accounts in the name of the Fund at registered financial institutions approved by the parties and empower persons to operate on such accounts; |
| (f) | appoint sub-committees in terms of the rules to assist with the administration of the Fund. |
| (4) | The MSSC Board shall cause— |
| (a) | minutes to be kept of proceedings of all meetings and copies of such minutes to be transmitted to the Council; |
| (b) | full and true accounts to be kept of the Fund and such accounts to be audited by the Council's auditors registered in terms of section 23 of the Public Accountants' and Auditors Act, 1951, whom it shall appoint for the purpose and such audited accounts shall be tabled at the Council's Annual General Meeting each year. |
| (5) | The MSSC Board shall not have any discretionary powers relating to the granting of additional assistance to members, but may submit cases which it considers merit the granting of special relief, with full details, to the Council, for submission to the Committee of Party Officials for a ruling on whether and to what extent a special grant may be made. |
| (6) | The MSSC shall obtain the necessary tax exemptions in favour of the Fund, as and when necessary. |