Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter V : Commissioner, Advisory Committee and Compensation Fund59. Establishment and constitution of advisory committee |
| (1) | There shall be established an advisory committee which shall perform the functions assigned to it by or under this Act and such other functions as may from time to time be assigned to it by the Minister. |
| (2) | The advisory committee shall consist of the commissioner and not more than 12 other members to be appointed by the Minister, of whom, subject to the provisions of subsection (3)— |
| (a) | half shall be persons whose names have been submitted to the Minister in terms of that subsection by the owners of controlled mines and controlled works or by an organization or organizations qualified, in the opinion of the Minister, to act on behalf of such owners; and |
| (b) | half shall be persons whose names have been so submitted by an organization or organizations qualified, in the opinion of the Minister, to act on behalf of persons who perform risk work at controlled mines or controlled works. |
[Section 59(2) substituted by section 18 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (3) |
| (a) | When the members contemplated in paragraph (a) or (b) of subsection (2) are to be appointed, the Minister shall cause a written communication to be sent to the owners or the organization or organizations referred to in the said paragraph (a), or, as the case may be, to the organization or organizations referred to in the said paragraph (b), containing a request for the submission to him, for the purposes of the paragraph in question and within a period stated in the communication not being less than 45 days, of the names of not less than seven persons. |
[Section 59(3)(a) substituted by section 18 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (b) | If such request is not complied with, the Minister may appoint any person as a member of the advisory committee in the place of a member contemplated in the paragraph in question. |
| (4) | The commissioner shall ex officio be the chairman of the advisory committee. |
| (5) | The Minister may appoint in respect of any member of the advisory committee who has been appointed by him, an alternate or so many alternates as he or she may consider necessary, in the same manner as that in which the member concerned has been appointed. |
| (6) | A member of the advisory committee, and an alternate to such a member, who is not in the full-time 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 State Expenditure. |
[Section 59(6) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]