Paragraph 13 Clause 38

The following Clause shall be substituted—

“38

(1)

A Rules Amendment Committee shall be established to consider proposed amendments to the Scheme or Rules and shall (subject to the exercise of the powers conferred by this Clause) consist of the same number of members as the Committee of Management or such lesser number as may be agreed in accordance with paragraph (4) of this Clause. The Corporation shall have the power to appoint and remove one half of the members and the Appointing Unions shall have the power to appoint and remove one half of the members.

(2)

The Corporation and each Appointing Union may in respect of each person appointed by them appoint and remove a person as an alternate member of the Rules Amendment Committee and such alternate member shall in the absence of such member be entitled to attend and vote at all meetings of the Rules Amendment Committee on behalf of the member in respect of whom he is appointed and generally in the absence of such member to perform and exercise all the duties, powers and discretions of such absent member.

(3)

Subject to paragraph (4) of this Clause, until the first Appointment Date the National Union of Mineworkers shall have the power to appoint and remove four members of the Rules Amendment Committee and the Union of Democratic Mineworkers shall have the power to appoint and remove one member of the Committee. On and from the first Appointment Date each Appointing Union shall have the power to appoint and remove one member or, if more than one, a number of members equal to the number of members of the Committee of Management which the Appointing Union for the time being has power to appoint.

(4)

The Corporation and the Appointing Unions may agree that the Rules Amendment Committee shall consist of a number of members which is less than the number of members of the Committee of Management, the number of members accordingly to be appointed by the Corporation and each Appointing Union being that agreed by the Corporation and the Appointing Unions.

(5)

The quorum necessary for the transaction of the business of the Rules Amendment Committee shall be that number which is one more than half of the number of members of that Committee, of whom one must be the Chairman or the Joint Deputy Chairman appointed by the Corporation.

(6)

A resolution in writing, not being a resolution to amend Clause 21, Clause 37 or this Clause, which has been signed by a majority of the members of the Rules Amendment Committee shall be as valid and effectual as if it had been passed at a meeting of the Rules Amendment Committee duly convened and held. Such resolution in writing may consist of two or more documents in the like terms each signed by one or more of the said members of the Rules Amendment Committee.

(7)

Subject to the foregoing provisions of this Clause, the following provisions of the Scheme (which concern the procedure for the appointment and continuance in office of members and the regulation of meetings and proceedings) shall apply to the Rules Amendment Committee as they apply to the Committee of Management, namely, Clauses 22, 23, 24, 25 and 26, Clause 27 except for the last sentence and Clauses 28 and 29.”.