9
21995/2021/MCP
(2) Subject to the provisions of sub-section (3), the Chairperson or any Member
shall only be removed from his office by order of the President of India on the
ground of proved misbehavior or incapacity after the Supreme Court, on 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 the Member, as the case may be, ought on any such ground to be removed.
(3) Notwithstanding anything in sub-section (2), the President may, by order,
remove from office the Chairperson or any Member if the Chairperson or such
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;
(e) is convicted and sentenced to imprisonment of an offence which in
the opinion of the President involves moral turpitude.]
1
[6. Term of office of Chairperson and Members.- (1) A person appointed
as Chairperson shall hold office for a term of 2[three years] from the date on which
he enters upon his office or until he attains the age of seventy years, whichever
is earlier 3[and shall be eligible for re-appointment].
(2) A person appointed as Member shall hold office for a term of 4[three
years] from the date on which he enters upon his office and shall be eligible for
re-appointment 5[* * *]:
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 India or under the Government
of any State.]
7. Member to act as Chairperson or to discharge his functions in certain
circumstances. - (1) In the event of the occurrence of any vacancy in the office
of the Chairperson by reason of his death, resignation or otherwise, the President
may, by notification, authorize one of the Members to act as the Chairperson until
the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence
or leave or otherwise, such one of the Members as the President may, by notification,
authorize in this behalf, shall discharge the functions of the Chairperson until the
date on which the Chairperson resumes his duties.
6
[8. Terms and conditions of service of Chairperson and Members.- The
salaries and allowances payable to, and the other terms and conditions of service
of, the Chairperson and Members shall be such as may be prescribed:
1.
2.
3.
4.
5.
6.
Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006.
Substituted by Act No. 19 of 2019, for the words "five years".
Inserted by Act No. 19 of 2019.
Substituted by Act No. 19 of 2019, sec. 4(ii) (a), for "five years".
The words "for another term of five years" omitted by Act No. 19 of 2019, sec. 4(ii) (b).
Substituted by Act 43 of 2006, sec. 7, for sections (w.e.f. 23-11-2006).
8