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Section 5

The Assam State Vigilance Commission Act, 2010State Act of Assam · Act 1 of 2013

(1) Subject to the provisions o f sub-sections (3) and (4), the State Chief Vigilance Commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age o f sixty-five years, whichever is earlier. The State Chief Vigilance Commissioner, on ceasing to hold the office, shall be ineligible for reappointment in the Commission.

(2) Subject to the provisions o f sub-sections (3) and (4) o f section 3, every Vigilance Commissioner shall hold office for a term o f four years from the date on which he enters upon his office or till he attains the age o f sixty-five years, whichever is earlier.

Provided that every Vigilance Commissioner, on ceasing to hold the office, shall be eligible for appointment as the State Chief Vigilance Commissioner in the manner specified in sub-section (1) o f section 4:

Provided further that the term o f the Vigilance Commissioner, i f appointed as the State Chief Vigilance Commissioner, shall not b e . more that four years in aggregate as the Vigilance Commissioner and the State Chief Vigilance Commissioner.

THE ASSAM GAZETTE. EXTRAORDINARY,-JANUARY 7, 2013 15

(3) The State Chief Vigilance Commissioner or a Vigilance Commissioner shall, before he enters upon his office, make and subscribe before the Governor, or some other person appointed in that behalf by him, and oath or affirmation according to the form set out for the purpose in Schedule to this Act.

(4) The State Chief Vigilance Commissioner or a Vigilance Commissioner may, by writing under his hand addressed to the Governor, resign his office.

(5) The State Chief Vigilance Commissioner or a Vigilance Commissioner may be removed from his office in the manner provided in section 6.

(6) On ceasing to hold office, the State C hief Vigilance Commissioner and every other vigilance Commissioner shall be ineligible for -

(a) any assignment or appointment which is required by law to be made by the Governor or President by warrant under his hand and seal.

(b) further employment to any office o f profit under the Government o f the State.

(7) The Salary and allowances payable to and the other conditions o f service o f —

(a) the State C h ief Vigilance Commissioner-shall be the same as those o f the Chairman o f the Assam Public Service Commission.

(b) the Vigilance Commissioner shall be the same as those o f a Member o f the Assam Public Service Commission;

Provided that i f the State C h ief Vigilance Commissioner or any Vigilance Commissioner is, at the time o f his appointment, in receipt o f a pension (other than a disability or wound pension) in respect o f any previous service under the Government o f India or under the Government o f a State his salary in respect o f the service as the State C h ief Vigilance Commissioner or any Vigilance Commissioner shall be reduced by the amount o f that pension including any portion o f pension which was commuted and pension equivalent o f other forms o f retirement benefits excluding pension equivalent o f retirement gratuity:

Provided further that i f the State C h ief Vigilance Commissioner or any Vigilance Commissioner is, at the time o f his appointment, in receipt o f retirement benefits in respect o f any previous service rendered in a corporation established by or under any State Act or a Government company owned or controlled by the State Government, his salary in respect o f the service as the State C hief Vigilance Commissioner or, as the case may be, the Vigilance Commissioner shall be reduced by the amount o f pension equivalent to the retirement benefits:

THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 7, 2013

Provided also that the salary, allowances and pension payable to and the other conditions o f service o f the State Chief Vigilance Commissioner or any Vigilance Commissioner shall not be varied to his disadvantage after his appointment.

Explanation:- The Salary and allowances o f in-service officers as appointed shall be guided by their existing provisions.

Removal of State Chief Vigilance Commissioner and Vigilance Commissioners-

Where this provision sits

ActThe Assam State Vigilance Commission Act, 2010
Section5
JurisdictionState of Assam
StatusIn force as published by the source

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