Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter II : Control in respect of mines and works, and determination of risk18. Establishment and constitution of risk committee |
| (1) | There shall be established a committee, to be called the Risk Committee for Mines and Works, which shall exercise the powers and perform the functions conferred upon or assigned to it by this Act, and such other functions and duties as may from time to time be assigned to it by this Act, and such other functions and duties as may from time to time be assigned to it by the Minister. |
| (2) |
| (a) | The risk committee shall, subject to the provisions of subsection (4), consist of the Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, the director and not less than three or more than four other members to be appointed by the Minister, of whom one shall be a medical practitioner. |
| (b) | In appointing members of the risk committee the Minister shall consider such representations (if any) as may have been made to him or her by owners of controlled mines or controlled works or by any organization acting on behalf of such owners or on behalf of persons who perform risk work at controlled mines or controlled works. |
| (3) | The Minister may appoint in respect of any member of the risk committee appointed by him, an alternate or so many alternates as he or she may consider necessary. |
| (4) | The Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, shall ex officio be the chairman of the risk committee, and when there is no Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, or the Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, is absent or is for any other reason unable to perform his functions as chairman of the risk committee, a Deputy Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, designated by the Minister for that purpose shall act as chairman of the risk committee. |
| (5) |
| (a) | The quorum for a meeting of the risk committee shall be a majority of its members including the chairman. |
| (b) | The Minister may make such rules as he or she may consider necessary or desirable for the proper functioning of the risk committee. |
| (6) | A member of the risk committee, and an alternate to such a member, who is not in the fulltime service of the State, shall be appointed at such remuneration and on such other conditions of service and for such period not exceeding five years as the Minister may determine in consultation with the Minister of Finance. |
| (7) | If the Minister is of the opinion that a member of the risk committee who has been appointed by him, or an alternate to such a member, is not competent to serve as a member of the risk committee or as such an alternate, the Minister may by notice in writing terminate the appointment of the member or alternate concerned. |