(1) The State Government shall, by notification in the Official Gazette, constitute a body to be known as the Assam State Commission for Right to Public Services to exercise the powers conferred on, and to perform the functions assigned to it under this Act:
Provided that till the Commission is constituted, the Assam Administrative Tribunal shall exercise the powers and perform the functions of the Commission under this Act with effect from such date as may be notified by the State Government in this behalf in the Official Gazette.
1. Ins. by Assam Act No. VII of 2019.
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(2) The Commission shall consist of the following members, namely:-
(a) the Chief Commissioner; and
(b) such number of Commissioners not less than two and not exceeding four, as may be decided by the State Government, from time to time.
(3) The Chief Commissioner and the Commissioners shall be appointed by the State Government.
(4) The general superintendence, direction and management of the affairs of the Commission shall vest in the Chief Commissioner, who shall be assisted by the Commissioners.
(5) The Chief Commissioner shall be appointed from amongst the retired officers of the State Government who had held a post not lower in rank than that of an Additional Chief Secretary to the Government of Assam having wide range of experience in the field of Public Administration.
(6) Not less than two Commissioners shall be appointed from amongst the persons who have held a post in the State Government not lower in rank than that of a Commissioner and Secretary to the Government of Assam and in case it is decided by the State Government to appoint more than two Commissioners, the rest of the Commissioners shall be appointed from persons of eminence in public life with wide knowledge and experience in the field of Law, Science and Technology or Social Services.
(7) The Chief Commissioner and the Commissioners shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(8) The Head Office of the Commission shall be at Guwahati or at such other place as the State Government may notify, from time to time.
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(9) The Commission shall be a body corporate, known by the name as mentioned in sub-section (1) having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to contract and shall, by the said name, sue or be sued.
Terms of Office and conditions of service