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21995/2021/MCP
obtaining the recommendation of a Committee consisting of,(a) the Chief Minister
-Chairperson;
(b) Speaker of the Legislative Assembly
-Member;
(c) Minister in-charge of the Department of
Home in that State
-Member;
(d) 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 of 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 with the Chief Justice of the High Court
of the concerned State.
(2) No appointment of a Chairperson or a Member of the State Commission
shall be invalid merely by reason of 1[any vacancy of any Member in the Committee
referred to in sub-section (1)].
23. 1[Resignation and Removal of Chairperson or a Member of the State
Commission].-2[(1) The Chairperson or a Member of a State Commission may, by
notice in writing under his hand addressed to the Governor, resign his office.
(1A) Subject to the provisions of sub-section (2), the Chairperson or any
Member of the State Commission shall only be removed from his office by order
of the President on the ground of proved misbehavior or incapacity after the Supreme
Court, on a reference being made to it by the President, has, on inquiry held in
accordance with procedure prescribed in that behalf by the Supreme Court, reported
that the Chairpersons or such Member, as the case may be, ought on any such ground
to be removed.]
(2) Notwithstanding anything in 3[sub-section (1A)], the President may by order
remove from office of the Chairperson or any 4[Member], if the Chairperson or
such 5[Member], as the case may be,(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the
duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent Court; or
(e) is convicted and sentenced to imprisonment for an offence which in the
opinion of the President involves moral turpitude.
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[24. Term of office of Chairperson and Members of the State Commission.(1) A person appointed as Chairperson shall hold office for a term of 7[three years]
from the date on which he enters upon his office or until he attains the age of
seventy years, whichever is earlier 8[and shall be eligible for re-appointment].
(2) A person appointed as a Member shall hold office for a term of 9[three
years] from the date on which he enters upon his office and shall be eligible for
re-appointment 10[* * *]:
1. Substituted
2. Substituted
3. Substituted
4. Substituted
5. Substituted
6. Substituted
7. Substituted
8. Inserted by
9. Substituted
10. The words
by Act No. 43 of 2006, w.e.f. 23-11-2006.
by Act No. 43 of 2006, sec. 14, for "sub-section (1)" (w.e.f. 23-11-2006).
by Act No. 43 of 2006, sec. 14, for "sub-section (1)" (w.e.f. 23-11-2006).
by Act No. 43 of 2006, sec. 14, for "other Members" (w.e.f. 23-11-2006).
by Act No. 43 of 2006, sec. 14, for "other Member" (w.e.f. 23-11-2006).
by Act No. 43 of 2006, sec. 15, for section 24 (w.e.f. 23-11-2006).
by Act No. 19 of 2019, sec. 6(i) (a), for "five years".
Act No. 19 of 2019, sec. 6(i) (b).
by Act No. 19 of 2019, sec. 6(ii) (a) for "five years".
"for another term of five years" omitted by Act No. 19 of 2019.
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