Section 5 in The Jammu and Kashmir State Vigilance Commission Act, 2011
5. Terms and other conditions of service of Chief Vigilance Commissioner.
(1)Subject to the provisions of sub-sections (3) and (4), the Chief Vigilance Commissioner shall hold office for a term of four years from the date on which he enters upon his office or [till he attains the age of sixty-five years] [Substituted 'till he retires on attaining the age of superannuation' by Act No. XX of 2011, dated 18.10.2011.], whichever is earlier. The Chief Vigilance Commissioner, on ceasing to hold the office, shall be ineligible for reappointment in the Commission.(2)Subject to the provisions of sub-sections (3) and (4), every Vigilance Commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he retires on attaining the age of superannuation, whichever is earlier:Provided that every Vigilance Commissioner, on ceasing to hold the office, shall be eligible for appointment as the Chief Vigilance Commissioner in the manner specified in sub-section (1) of section 4:Provided further that the term of the Vigilance Commissioner, if appointed as the Chief Vigilance Commissioner, shall not be more than four years in aggregate as the Vigilance Commissioner and the Chief Vigilance Commissioner.(3)The Chief Vigilance Commissioner or a Vigilance Commissioner shall, before he enters upon his office, make and subscribe before the [Governor] [Substituted 'Chief Minister' by Act No. XX of 2011, dated 18.10.2011.], or some other person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in Schedule to this Act.(4)The Chief Vigilance Commissioner or a Vigilance Commissioner may, by writing under his hand addressed to the [Governor] [Substituted 'Chief Minister' by Act No. XX of 2011, dated 18.10.2011.], resign his office.(5)The Chief Vigilance Commissioner or a Vigilance Commissioner may be removed from his office in the manner provided in section 6.(6)On ceasing to hold office, the Chief Vigilance Commissioner and every other Vigilance Commissioner shall be ineligible for -(a)any appointment which is required by law to be made by the Governor by warrant under his hand and seal.(b)further employment to any office of profit under the Government of India or the Government of the State.(7)The salary and allowances payable to, and the other conditions of service, of -(a)the Chief Vigilance Commissioner shall be the same as those of the Chairman of the Public Service Commission;(b)the Vigilance Commissioner shall be the same as those of a Member of the Public Service Commission:Provided that if the Chief Vigilance Commissioner is at the time of his appointment, in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or under the Government of the State, his salary in respect of the service as the Chief Vigilance Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:Provided further that if the Chief Vigilance Commissioner is at the time of his appointment, in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any Central Act or the Act of State Legislature or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Vigilance Commissioner, shall be reduced by the amount of pension equivalent to the retirement benefits:Provided also that the salary, allowances and pension payable to, and the other conditions of service of, the Chief Vigilance Commissioner shall not be varied to his disadvantage after his appointment.
