Rajiv Gandhi Science and Technology Commission Act, 2004

COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT

Term of office and conditions of appointments of Chairman and members.

§5

Summary

(1) The Chairman and non-official members shall be appointed for a term of five years and the term of five years shall be computed from the date of the constitution of the Commission under sub-section (2) of section 4 : Provided that, the five years term of the Chairman and all the non-official members shall be coterminus and shall be computed from the date of constitution of the Commission under sub-section (2) of section 4 irrespective of the later date of actual appointment of any of the remaining members : Provided further that, the Chairman and members shall be eligible for re-appointment. (2) The Chairman, Member-Secretary or a non-official member may, at any time, by writing in his own hand addressed to the Government, resign from the office of the Chairman, Member-Secretary or a member, as the case may be : Provided that, such office bearer shall continue in office until his resignation is accepted by the Government or for a period of one month from the date of resignation, whichever is earlier. (3) Notwithstanding anything contained in sub-section (1), the Government may, remove a person from the office of the Chairman, Member-Secretary or member, as the case may be, if that person,- (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for any offence, involving moral turpitude ; (c) becomes of unsound mind and stands so declared by ad hoc Medical Board appointed for the purpose; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Commission, absent in three consecutive meetings of the Commission ; (f) in the opinion of the Government, has so abused the position of Chairman, Member-Secretary or member as to render that persons continuance in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such Chairman, Member-Secretary or member; (g) in the opinion of the Government, the standard of performance of such person is not found to be satisfactory or not upto the expected performance : Provided that, no person shall be removed under clause (f) or (g), unless that person has been given a reasonable opportunity to show cause in writing in the matter and a committee of experts specially constituted for the purpose by the Government recommends and approves such removal. (4) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may curtail the term of office of the Chairman and any or all non-official members holding office for the time being and appoint a new Chairman and other non-official members either for the remainder of the term or for a full term of five years, as the State Government may deem fit. (5) A vacancy caused under sub-section (2) or (3) or in any other manner, shall be filled in, as soon as may be,- (i) if such vacancy is in the office the Chairman, by a fresh nomination of any other member or any other person as the Chairman; and (ii) if such vacancy is in the office of a member, by making a fresh nomination of some person, and the member or person so nominated shall hold office as the Chairman or the member, as the case may be, for the remainder of the term of office of the person in whose vacancy such person has been nominated would have held office, if the vacancy had not occurred : Provided that, if the vacancy of a member other than that of the Chairman, occurs within six months preceding the date on which the term of office of the member expires, the vacancy may not be filled in. (6) The remuneration, allowances and other terms and conditions of service for the office of the Chairman and Member-Secretary shall be such as may be fixed by the State Government by an order issued in this behalf and in case of non-official members, the same shall be as may be prescribed.

(1) The Chairman and non-official members shall be appointed for a term of five years and the term of five years shall be computed from the date of the constitution of the Commission under sub-section (2) of section 4 : Provided that, the five years term of the Chairman and all the non-official members shall be coterminus and shall be computed from the date of constitution of the Commission under sub-section (2) of section 4 irrespective of the later date of actual appointment of any of the remaining members : Provided further that, the Chairman and members shall be eligible for re-appointment. (2) The Chairman, Member-Secretary or a non-official member may, at any time, by writing in his own hand addressed to the Government, resign from the office of the Chairman, Member-Secretary or a member, as the case may be : Provided that, such office bearer shall continue in office until his resignation is accepted by the Government or for a period of one month from the date of resignation, whichever is earlier. (3) Notwithstanding anything contained in sub-section (1), the Government may, remove a person from the office of the Chairman, Member-Secretary or member, as the case may be, if that person,- (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for any offence, involving moral turpitude ; (c) becomes of unsound mind and stands so declared by ad hoc Medical Board appointed for the purpose; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Commission, absent in three consecutive meetings of the Commission ; (f) in the opinion of the Government, has so abused the position of Chairman, Member-Secretary or member as to render that persons continuance in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such Chairman, Member-Secretary or member; (g) in the opinion of the Government, the standard of performance of such person is not found to be satisfactory or not upto the expected performance : Provided that, no person shall be removed under clause (f) or (g), unless that person has been given a reasonable opportunity to show cause in writing in the matter and a committee of experts specially constituted for the purpose by the Government recommends and approves such removal. (4) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may curtail the term of office of the Chairman and any or all non-official members holding office for the time being and appoint a new Chairman and other non-official members either for the remainder of the term or for a full term of five years, as the State Government may deem fit. (5) A vacancy caused under sub-section (2) or (3) or in any other manner, shall be filled in, as soon as may be,- (i) if such vacancy is in the office the Chairman, by a fresh nomination of any other member or any other person as the Chairman; and (ii) if such vacancy is in the office of a member, by making a fresh nomination of some person, and the member or person so nominated shall hold office as the Chairman or the member, as the case may be, for the remainder of the term of office of the person in whose vacancy such person has been nominated would have held office, if the vacancy had not occurred : Provided that, if the vacancy of a member other than that of the Chairman, occurs within six months preceding the date on which the term of office of the member expires, the vacancy may not be filled in. (6) The remuneration, allowances and other terms and conditions of service for the office of the Chairman and Member-Secretary shall be such as may be fixed by the State Government by an order issued in this behalf and in case of non-official members, the same shall be as may be prescribed.

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