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Section 4: Terms of office and conditions of service of Chairperson and members

The Maharashtra State Commission for Backward Classes Act, 2005.State Act of Maharashtra · Act 34 of 2006

(1) Every member shall hold the office for a term of three years from the date he assumes the office.

(2) A member may, by writing under his or her hand addressed to the State Government, resign from the office of the Chairperson or, as the case may be, of the member, at any time.

(3) The State Government shall remove a person from the office of the member if that person,—

(a) becomes an undischarged insolvent;

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

(c) becomes of unsound mind and stands so declared by the competent Court;

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

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

(f) has, in the opinion of the State Government, so abused the position of the Chairperson or member as to render that person’s continuance in the office detrimental to the interests of the backward classes or the public interest, or is otherwise in the opinion of the State Government unfit or unsuitable to continue as such Chairperson or member:

1 These words were substituted for the words “six members, one member each” by Mah. 29 of 2017, s. 2.

2006 : Mah. XXXIV] The Maharashtra State Commission for 7 Backward Classes Act, 2005

Provided that, no office-bearer shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

(4) A vacancy caused under sub-section (2) or (3) or otherwise, shall be filled in, as soon as may be, by a fresh nomination by the State Government; and the person so nominated shall hold office for the remainder of the term of office of the person in whose vacancy such person has been nominated, would have held the office, if the vacancy had not occurred:

Provided that, if the vacancy of a member other than that of the Chairperson, occurs within six months preceding the date on which the term of office of the member expires, the vacancy shall not be filled in.

(5) The honorarium, if any, and allowances payable to, and the other terms and conditions of holding of the office of, the Chairperson and the members shall be such as may be prescribed.

Where this provision sits

ActThe Maharashtra State Commission for Backward Classes Act, 2005.
Section4
Marginal noteTerms of office and conditions of service of Chairperson and members
JurisdictionState of Maharashtra
StatusIn force as published by the source

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