(1) The Chairperson and other Members shall be appointed bj the Governor by warrant under his hand and seal;
Provided that every appointment under this sub-section shall bs made after obtaining the recommendation of a Committee consisting of,—
(ft) the Chief Minister —chairperson:
(b) Speaker of the Legislative Assembly —member;
(c) Minister in-charge of the Department of Home in that State —jnember-
(ci) Leader of the Opposition in the Legislative Assembly —member;
Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the leader ©f the opposition in that Council shall also be members of the Committee;
Provided also that no sitting Judge of a High Court or a sitting district judge shall be appointed except after consultation ^itb fhe Chief Justice of the High Court of the concerned State.
(2) No appointment of a Chairperson or a lyfember of tfife State Commission shall be invalid merely by reason of any vacancy in the Committee.
2$. (I) Subject to the provisions of sub-section (2), the Chairperson or any other Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such other Member, as the case may be, ought on any suck ground to be removed.
(2) Notwithstanding anything in sub-section (1), the President may by order remove from office the Chairperson or any other Member if the Chairperson or such other Member, as the case may be,—
(a) is adjudged an insolvent; or
(fc) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, u&l&t to continue in office by reason of infirmity of B&ind or featfy; «t
(d) is of unsound mind and stands so declared by a compet«tn co«rt; or
(e) is convicted and sentenced •» impnSomriwtf for an «**nce wkick im the ©pi«i©n of the President Uvolves moral turpitude.
Appointment of Chairperson and other Members of State < "ommis- Removal of a Member of the State Commission.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PA^T * W .
Term of office of Members of the State Commission.
Member to act as Chairperson or to discharge his functions in certain circumstances.
Terms and conditions of service of Members of the State , Comiseion.
Officers and other •staff of State Commission.
$$, (jLJS A person appointed as Chairperson shall hold office for a temp •of five years from the date on which he enters upon his office or until he attains U*e age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term of five years froja the date on whicji he enters upon his office and shall be eligible for-re-appointment for another term of five years:
Provided that no Member shall hold office after he has attained the age.of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India,