(1) The Government may remove from office, the President or any Member, who,-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Government involves moral turpitude; or
(c) has become physically or mentally incapable of acting as the President or the Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the President or a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f) remains absent in three consecutive sittings except without leave or for reasons beyond his control.
(2) Notwithstanding anything contained in sub-rule (1), the President of the State Commission shall not be removed from his office on the grounds specified in clauses (d), (e) and (f) of sub-rule (1) except alter an inquiry held by a sitting Judge of the High Court nominated by the Chief Justice of the High Court in which the President of the state Commission has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and found guilty;
(3) Notwithstanding anything contained in sub-rule (1), a Member of the State Commission, President or Member of the District Forum shalt not be removed from his office on the grounds specified in clauses (d), (e) and
(f) of sub-rule (1) except after an inquiry held by a Member of the National Commission nominated by the President of the National Commission, in which the President or Member of the District Forum or the Member of the State Commission, as the case may be, has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and found guilty.
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NOTIFICATION -II In exercise of the powers conferred by sub-section (2) of section 30 of the Consumer Protection Act, 1986 (Central Act 68 of 1986), the Governor of Tamil Nadu hereby makes the following amendments to (The Tamil Nadu Consumer Protection Rules, 1988, namely: - AMENDMENTS.
In the said Rules,-
(1) for rule 3, the following rule shall be substituted, namely:- "3. Tenure and Resignation etc. of President and members of District Forum:-
(1) (i) The President and the members shall hold office for a term of five years or up to the age of sixty five years whichever is earlier and shall not be eligible for re-appointment;
(ii) Notwithstanding anything contained in clause (i), the President or the member may by willng under his hand and addressed to the Government of Tamil Nadu resign his office at any time and on such resignation being accepted, his office shall become vacant
(2) Every vacancy caused by resignation and removal of the President or any other member of the District Forum under sub-rule
(1) or otherwise shall be filled by fresh appointment.
(3) When the President of the District Forum is unable to discharge the functions owing to absence, illness or any other cause, the senior-most (in order of the appointment) member of the District Forum holding office for the time being shall discharge the functions of the President until the day on which the President resumes the charge of his functions.
(4) The President or any member ceasing to hold office, as such shall not hold any appointment in or be connected with the management or administration of an organization which has been the subject of any proceeding under the Act during his tenure for a period of five years from the date on which he ceases to hold such office
(5) In case of difference of opinion among the members of the District Forum, the opinion of the majority shall prevail and the opinions or orders of the Forum shall be expressed in terms of the view of the majority.
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(2) in rule 6, for sub-rule (5), the following sub-rule shall be substituted, namely- “(5) The quantity of sample, in the case of food samples for analysis shall be as specified in rule 2.4.1 of the Food Safety and Standards Rules,
2011.",
(3) for rule 7, the following rule shall be substituted, namely.- "7. Tenure and Resignation etc. of President and members of State Commission:- (1) (i) The President and the members of the State Commission Shall hold office for a term of five years or up to the age of seventy five years Whichever is earlier and shall not be eligible for re-nomination:
(ii) Notwithstanding anything contained in clause (i), the President and members may by writing under his hand and addressed to the State Government resign his office any time.
(2) Every vacancy caused by resignation and removal of the President or any other member of the State Commission under sub-rule
(1) or otherwise shall be filled by fresh appointment.
(3) When the President of the State Commission is unable to discharge the functions owing to absence, illness or any other cause, the senior-most member (in order of appointment) of the State Commission shall discharge the functions of the President until the day on which the President resumes the charge of the functions.
(4) The President, or any member ceasing to hold office, as such shall not hold any appointment in or be connected with the management or administration of an organization which have been the subject or any proceeding under the Act, during his tenure for a period of five years from the date on which he ceases to hold such office.
(5) ln case of a difference In opinion among the members of the State Commission, the opinion of the majority shall prevail and the opinion or orders of the Commission shall be expressed in terms or the views of the majority.
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