(1) The Government shall, by notification in the official Gazette, constitute a body to be known as "the Punjab State Commission for Scheduled Castes" to exercise the powers conferred on and to perform the functions assigned to it under this Act.
(2) The Commission shall consist of, -
(a) a Chairperson, who shall be an eminent person belonging to Scheduled Castes or a retired officer of the Government of the State of Punjab belonging to the Scheduled Castes not below the rank of Principal Secretary, to be appointed by the Government;
4[(aa) ****] 5[(b) not more than five non-official members from amongst the members of the Scheduled Castes, who may be appointed by the Government from amongst the persons of ability, integrity and standing, who have served for the welfare and upliftment of the Scheduled Castes:
1 Substituted for the word “Chairperson, Senior Vice-Chairperson, Vice-Chairperson” by Punjab Act No. 7 of 2023, Section 2 2 Substituted by Punjab Act No. 7 of 2023, Section 2 3 Omitted by Punjab Act No. 7 of 2023, Section 2 4 Omitted by Punjab Act No. 7 of 2023, Section 3 5 Substituted by Punjab Act No. 7 of 2023, Section 3 Constitution of the Commission.
Provided that out of the five non-official members, at least one shall be a woman;]
(c) the Director General of Police, Punjab, shall be the exofficio member;
(d) the Director, Local Government, Punjab, shall be the ex-officio member;
(e) the Director, Welfare of Scheduled Castes and Backward Classes, Punjab, shall be the exofficio member; and 1[(f) one Member-Secretary, to be appointed by the Government from amongst the retired or serving officers of Indian Administrative Service or the Punjab Civil Service belonging to Scheduled Castes, not below the rank of an Additional Secretary.]
4. 2[(1) The Chairperson and non-official members shall hold office for a period of three years which may be extendable up to two years:
Provided that where the Chairperson and non-official members attains the age of sixty-five years before the expiry of the aforesaid terms of three years, he shall vacate his office on the day on which he attains such age.
(2) The Chairperson and non-official members may, at any time, by writing and addressed to the Government, resign from the office of the Chairperson or of the office of the member, as the case may be.]
(3) Notwithstanding anything contained in sub-section (1), the Government may, remove a person from the office of the 3[Chairperson] or 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 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;
1 Substituted by Punjab Act No. 19 of 2006, Section 2 2 Substituted by Punjab Act No. 7 of 2023, Section 4 3 Substituted for the word “Chairperson, Senior Vice-Chairperson, Vice-Chairperson” by Punjab Act No. 7 of 2023, Section 4 Term of office and conditions of service of Chairperson and members.
(e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; and
(f) in the opinion of the Government, has so abused the position of the Chairperson or member as to render that person's continuance in office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such Chairperson or member;
Provided that, no person 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 sub-section
(3) or in any other manner, shall be filled in, as soon as may be, by a fresh appointment by the Government; and the person so appointed, shall hold office for the remainder of the term of office of the person in whose vacancy such person has been appointed, would have held office, if the vacancy had not occurred:
Provided that, if the vacancy of a member other than that of the 1[Chairperson] occurs within six months preceding the date on which the term of office of the member expires, then such a vacancy shall not be filled in.
(5) The salary and allowances payable to, and the other terms and conditions of holding the office of the 2[Chairperson] and the members shall be such, as may be prescribed.