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State of Uttarakhand - Section

Section 6 in Uttarakhand Water Management and Regulatory Act, 2013

6. Constitution and function of the selection committee.

- [(1) The State Government shall, by notification, constitute a Selection Committee, for the purposes of making appointments of the Chairperson and Members under sub-section (5) of section 3. The Committee shall consist of :-
(a) the Chief Secretary, Government of Uttarakhand;   ex-officio Chairman
(b) the Chairman, Central Water Commission or hisnominee who shall be the member of the Central Water Commission;   ex-officio Member
(c) the Principal Secretary/secretary as may beFinance , Government of Uttrakhand;   ex-officio Member
(d) the Director, Indian Institute of Management,Kashipur;   ex-officio Member
(e) the Principal Secretary/Secretary as may beIrrigation, Government of Uttrakhand;   ex-officio Member- Secretary.]
[Substituted by section 6 of Uttrakhand Act no. 03 of 2016.]
(2)The State Government shall with in one month from the date of occurrence of any vacancy by reason of death, resignation or removal and six months before the superannuation or end of tenure of the Chairperson of the Member, make a reference to the selection committee for filing up to vacancy.
(3)The Selection committee while making selection of the Chairperson and the Members, shall have due regard to performance record, ability, integrity, character qualifications and experience of the person proposed to be selected as Chairperson or other Member as the case may be.
(4)The Selection committee shall finalize the selection of the Member within two months from the date on which the reference is made to it.
(5)The Selection committee shall recommend a panel of three names for every vacancy referred to it.
(6)A person who is considered for selection as the Chairperson or a Member shall inform to the selection committee:-
(a)of any office, employment or consultancy agreement or arrangement which the person or his relative has in his own name or in any firm, association of persons or body corporate, owned or otherwise controlled by any of them carrying on any of the following business:-
(i)diversion of surface water, distribution of water, extraction of ground water or supply of water;
(ii)manufacture, sale, lease, hire or otherwise supply of or dealing in machinery, plant equipment, apparatus or fitting related to water industry;
(iii)any entity providing any professional services to any of the businesses referred to in clause (i) and (ii) above.
(b)Such other details and information as may be prescribed by the selection committee.
(7)The details received from the persons referred to in sub-section (6) shall be placed for consideration of the selection committee at the time of selection and recommendation of the person for appointment as the Chairperson or a Member.
(8)The Chairperson and each Member shall, before taking charge of the office divest him self from the interest in the businesses mentioned in sub-section (6) as a condition of his or her appointment.
(9)If a person to be appointed as the Chairperson or a Member holds any office under the State or Central Government or any public sector corporation or any Government body or is gainfully employed or engaged in service by any other person Government authorities, public or private sector or otherwise, he shall submit his resignation or take voluntary retirement form that service before joining the Commission.
(10)So long as a person holds the office of the Chairperson or a Member for a period of two years after he ceases to be the Chairperson or a Member for any reason whatsoever, he shall not acquire, hold or maintain, directly or indirectly any office, employment or consultancy arrangement or any financial interest in any of the businesses mentioned in sub-section (6) and if he acquires any such interest involuntarily or by way of succession or testamentary disposition he will divest himself of the interest within a period of three months of such interest being acquired.
(11)Before recommending any person, the selection committee shall satisfy itself that such person does not have any financial or other interest as referred to in sub-section (6) which is likely to affect prejudicially his function as the Chairperson or a Member.
(12)All decisions of the Selection committee shall be by a majority.
(13)The procedure for selection and appointment of the Chairperson and the Member shall be laid down by the State Government.
(14)No appointment of the Chairperson or a Member shall be invalid merely by reason of any vacancy in the selection committee.