(1) The meeting of the Commission shall be presided over by the Chairperson or in her absence a member chosen for the purpose by the members present.
(2) All question at a meeting of the Commission shall be decided by the majority of the votes of the members present and in case of equality of votes, the Chairperson or the member presiding, as the case may be, shall have a second or casting vote.
(3) The Commission may invite, if it is considered necessary, for such purpose and on such conditions as may be prescribed, any person with expert knowledge in a particular subject to be present at the meeting lo assist the Commission in arriving at a decision, but such person shall not be entitled to vote.
(4) In case the outlying are not properly represented in the Commission, or if the Commission decides so, the Commission can constitute committees in the outlying regions to help it dispense with issues thereon, the terms of reference and constitution of which may be decided by the Commission.
Constitutition of an Ad-hoc committee
9. (I) The Commission may for the purpose of transacting any business before it or for any special issue constitute an ad-hoc committee consisting of
(a) not more than two members of the Commission;
(b) not more than two experts of the particular subject before the Commission.
(2) If the Chairperson is a member of the committee the Chairperson or any other members shall preside over the meeting of the committee.
(3) The provisions of sections 7,8, 19 and 20 shall mutatis mutandis apply to the meetings of the committee.
(4) The final report of the ad-hoc committee shall be placed before the commission for its approval and on the approval thereof by the Commission it shall be deemed to be the repo of the Commission.
(5) The persons in the ad-hoc committee shall be paid such remuneration as may be prescribed.
Acts of the Commission not to be invalidated by infirmity or any vacancy etc.
10. No Act or proceeding of the Commission shall be invalidated by reason only of any defeat or irregularity in its constitution or on the ground of existence of any vacancy in the office of any members.
Removal of Members from Office.
I I. Any member of the Commission may be removed from office by an order of the Government:
(I) becomes an un-discharged insolvent;
(2) is convicted and sentenced to imprisonment for an offence which involves moral turpitude;
(3) becomes of unsound mind;
(4) refuses to act or becomes physically or mentally incapable of acting;
(5) has acquired such financial or other interest as is likely to affect prejudicially the function as the Chairperson or member;
(6) is without obtaining leave of absence from the Commission absent from three consecutive meetings of the Commission : or
(7) in the opinion of the Government has so abused the position of Chairperson or member as to render that person's continuance in the office detrimental to the public interest ;
Provided that a member shall not be removed under this section until that person has been given a reasonable opportunity of being heard in the matter.
Appointment of Member Secretary and other Staff of the Commission.
12. (I) The Member Secretary, appointed by the Government, may make investigations for the purposes of this Act and to carry out such directives given to him / her by the Commission besides the functions conferred on him/her by this Act.
(2) The Commission may appoint such other staff as may be necessary to assist the Commission by deputation or by direct recruitment and prescribe their condition of service. The qualifications/terms of appointment and other conditions of service of the other staff shall be such as may be prescribed.
Provided that appointment made under this clause shall be made by the State Government on the recommendation of the Commission to assist the Commission in its day to day work and perform such other functions as are provided under this rule or assigned to him./her by the Commission.
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(3) In the discharge of their functions under this Act, the Member Secretary and other staff, referred to in sub-section (I) and (2), of section 12, shall be subject to the administrative control of the Chairperson.
(4) The Commission may appoint/engage a Legal Advisor to counsel and offer legal aid to assist the work of the Commission.
Provision for Salaries, Allowances, etc.
13. The salaries and allowances payable to the members and the administrative expenses, including the salaries, allowances payable to, in respect of the Member Secretary and the other staff of the Commission, shall be met out of the Grant-in-Aid received by the Commission from the Government.
Powers of the Commission
14. (I) The Commission shall, for the purpose of any inquiry under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908, (Central Act 5 of 1908), in respect of the following matters namely :
(a) summoning and enforcing the attendance of any witness and examining him/her on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copy thereof from any public office;
(e) issuing commissions, summons for the examination of witnesses.
(2) Any proceedings before the Commission shall be deemed to be a judicial proceedings within the meaning of section 193 and 228 of the Indian penal code (Central Act 45 of 1860) and the commission shall be deemed to be a court for the purpose of section 195, of the Code of Criminal Procedure, 19'73 (Central Act 2 of 1974).
Functions of the Commission