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Section 38B: Term of office and conditions of service of Chairperson and members, etc

The Indian Wild Life Protection Act, 1972Union territory Act of Chandigarh · Act 53 of 1972

(1) The chairperson and every member 3 [other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf.

(2) The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member.

(3) The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person—

(a) becomes an undischarged insolvent;

(b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

(c) becomes of unsound mind and stands so declared by a competent court;

(d) refuses to act or becomes incapable of acting;

(e) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the Authority; or

(f) in the opinion of the Central Government has so abused the position of chairperson or member as to render that person’s continuance in office detrimental to the public interest:

1. Subs. by Act 44 of 1991, s. 25, for “sections 19 to 35” (w.e.f. 2-10-1991).

2. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).

3. Ins. by Act 16 of 2003, s. 22 (w.e.f.1-4-2003).

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Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter.

(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.

(5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed.

(6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority.

(7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed.

(8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority.

Where this provision sits

ActThe Indian Wild Life Protection Act, 1972
Section38B
Marginal noteTerm of office and conditions of service of Chairperson and members, etc
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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