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Section 5: Term of office and conditions of service of Member

The Uttar Pradesh Commission for the Scheduled Castes and Scheduled Tribes Act, 1995State Act of Uttar Pradesh · Act 16 of 1995

5. (1) (a) The tenure of the Chairman, Vice-Chairman or member, shall be one year from the date of his assuming office.

(b) The Chairman, Vice-Chairman or member shall hold his office during the pleasure of the State Government.

(c) The Chairman shall not be eligible for reappointment as a member.

(1-A) The provisions of sub-section (1) as amended by the Uttar Pradesh Commission for the Scheduled Castes and Scheduled Tribes (Amendment) Act, 2001 shall apply also to the Chairman, Vice- Chairman and every other Member holding office immediately before the commencement of the said Act.

(1-B) The Chairman, Vice-Chairman or other Member, who has attained the age of sixty-five years, on or before the commencement of the Act referred to in sub-section (1-A), shall cease to hold office as such on such commencement.

(2) A Member may, at any time by writing under his hand, addressed to the State Government, resign from his office.

(3) The State Government shall remove a person from the officer of 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 a 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 Chairman or Member as to render that persons continuance in office detrimental to the interests of the Scheduled Castes or Scheduled Tribes or the public interest ;

Provided that no person shall be removed under this clause until he has been given an opportunity of being heard in the matter.

(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.

(5) The salaries and allowances payable to, and other terms and conditions of service of, the Members shall be such as may be prescribed.

Where this provision sits

ActThe Uttar Pradesh Commission for the Scheduled Castes and Scheduled Tribes Act, 1995
Section5
Marginal noteTerm of office and conditions of service of Member
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • other. Sub. by sec. 2 of U.P. Act No. 41, 2007.
  • other, U. P. Act No. 26 of 2024. Sub. by sec. 2 of U. P. Act No. 26 of 2024.
  • inserted. Ins. by sec. 2 by of U.P. Act No. 29, 2001.

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