(1) Every Member shall hold office for a term of three years from the date he-assumes office.
(2) A Member may, by writing under his hand addressed to the State Government, resign from the office of Chairperson or, as the case may be, of Member at any time.
(3) The State Government shall remove a person from the office of Member if that person—
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence involving 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 cf absence from the Commission, absent from three consecutive meetings of the Commission; or
(j) has, in the opinion of the State Government, so abused the position of Chairperson or M ember as to render that person's continuance in office detrimental to the interests of backward classes or the public interest:
Proxided that no person shall be removed under clause (f) unt that person has been given an apportuni ty cf beingheard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination
(5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and Members shall be such as may be prescribed.
Officers and 5. (1) The State Government shall provide the Commission with such officers and emploother e th 0- e yees as may be necessary for the efficient performance of the functions of the Commission_ yees of Commission.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.
salaries and 6. The salaries and allowances payable to the Chairperson and Members and the admiallowances to nistrative expenses, including salaries, allowances and pensions payable to the officers and be paid other employees referred to in section 5, shall be paid cut of the grants referred to in subout ofgrants. section (1) of section 12.
Vacancies, 7. No act or proceeding of the Commission shall be invalid on the ground merely of etc. not to the existence of any vacancy or defect in the constitution of the Commission.
invalidate proceedings of the Commission.
Procedure to 8. (1) The Commission shall meet as and when necessary at such time and place as be egula- the Chairperson may think fit. ted by the Commission.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Member- Secretary or any other officer of the Commission duly authorised by the Member Secretary in this behalf.
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CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION Functions of 9. (1) The Commission shall examine requests of inclusion of any class of citizens as a the commi- backward class in the lists and hear complaints of over-inclusion or under-inclusion of any ssion. backward class in such lists and tender such advice to the State Government as it deems appropriate.
(2) The advice of the Commission shall ordinarily be binding upon the State Government.
10. The Commission shall while performing its functions under sub-section (1) of Section 9, have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from ;any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examinati -m of witness and documents; and
(f) any other matter which may be prescribed.
Periodic cession. of 11. (1) The State Government may at any time, and shall, at the expiration of ten years from lists of the the coming into force of this Act and every succeeding period of ten years thereafter, undertake State revision of the lists with a view to excluding from such lists those classes, who have ceased to be Government• backward classes or for including in such lists of new backward classes.
(2) The State Government shall, while undertaking any revision referred to in sub -section
(1), consult the Commission.
CHAPTER IV FINANCE, ACCOUNTS AND AUDIT Grants by 12. (1) The State Government shall, after due appropriation made by the State Legislature the State Government. by law in this behalf, pay to the Commission by way of' grants such sums of money as the State Government may think fit for being utiked for the purposes of this Act.
(2) The Commission may spend such sum; as as it thinks fit for performing the functions under this Aet, and such sums shall be treated as expenditure, payable out of the grants referred to in sub-section (1).