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State of Tripura - Section

Section 5 in Tripura Board of Secondary Education Act, 1973

5. Term of office of members of the Board and the committee.

(1)Members, other than ex-officio members of the Board or of any committee appointed [nominated or co-opted] [Inserted by The Tripura Board of Secondary Education (Third Amendment) Act, 1985, w.e.f. 2.3.1986. Amendment Act, 1985.] under this Act shall hold office for a period of [two] [Inserted by The Tripura Board of Secondary Education (Amendment) Act, 1976, w.e.f. 1.1.1976.] years from the date of appointment, [co-option] [Inserted by The Tripura Board of Secondary Education (Second Amendment) Act, 1978, w.e.f. 1.1.1978.] or nomination, as the case may be :Provided that a member appointed, [co-opted] [Inserted by The Tripura Board of Secondary Education (Third Amendment) Act, 1985, w.e.f. 2.3.1986.] or nominated in his capacity as a member of a particular body or as the holder of a particular appointment shall automatically cease to hold office if he or she ceases to be a member of that body or holder of that appointment, as the case may be.
(2)Any vacancy among the members (other than ex-officio members) of the Board or a committee appointed by the Board shall be filed, as soon as may be convenient, by the person or body who appointed, nominated or co-opted the member whose place has become vacant and all vacancies, other than causal vacancies, shall be filled for the full term as and when they arise.
(3)Notwithstanding anything contained in this section, an outgoing member, shall unless the State Government otherwise directs, continue in the office until the [appointment] [Inserted by The Tripura Board of Secondary Education (Third Amendment) Act, 1985, w.e.f. 2.3.1986.], nomination or co-option of his success or is notified.
(4)Any member of the Board may resign his office by a letter to the President and the resignation shall take effect from the date of acceptance by the President .
(5)The membership of a member of the Board other than an ex-officio member shall cease in case he remains absent from three consecutive meetings of the Board or any committee thereunder, or is convicted by a court of law on a criminal charge involving moral turpitude :Provided that membership shall not cease for absence as mentioned hereto before if the State Government condones his absence on the basis of a written application from the member, submitted within one month from the date of cessation of the membership.
(6)In the event of a causal vacancy accruing by reason of death, resignation, termination of nomination or cessation of membership of a member, or for any other reason such vacancy shall be filled by [appointment] [Inserted by The Tripura Board of Secondary Education (Amendment) Act, 1976, w.e.f. 1.1.1976.], nomination or co-option, as the case may be, and any person [appointed] [Inserted by The Tripura Board of Secondary Education (Second Amendment) Act, 1978, w.e.f. 1.1.1978.] nominated or co-opted to fill such vacancy shall hold office for the term for which it was tenable by the person in whose place he has been so elected, nominated or co-opted and no longer.
(7)An outgoing member shall, if not otherwise disqualified, be eligible for re-appointment, re-nomination or re-co-option.
(8)The name of every person appointed, nominated or co-opted as a member of the Board shall be published by notification by the State Government as soon as may be after his appointment , nomination or co-option, as the case may be.
(9)A person shall not be eligible for nomination, appointment or co-option as a member of the Board or the committee formed by it if he--
(a)has been adjudged by a court of law to be of unsound mind,
(b)is an un-discharged insolvent,
(c)has been convicted by a court of law for an offence involving moral turpitude.
(10)All disputes relating to the eligibility of any person for nomination, appointment or co-option shall be referred to the State Government whose decision on such matters shall be final.CHAPTER - III Powers and Functions of the Board