Section 12 in Jammu and Kashmir Consumer Protection Rules, 1987
12. Terms and conditions of service of the President and the members of the State Commission.
- (i) Prior to their appointment, the president and the members of the State Commission shall have to give an undertaking to the effect that he does not and will not have any financial or other interests as is likely to affect prejudicially his function as such.(ii)[ The President and the members shall hold office for a term of five years from the date on which he enters upon his office, or such term as may be specified by the Government in the notification: [Substituted by SRO-24 dated 6-2-1995.]Provided that nothing here in above shall apply to members appointed before the issue of this notification](iii)Notwithstanding anything contained in sub-rule (ii) the President or a member may:(a)by writing under his hand addressed to the Government resign his office at any time;(b)be removed from his office in accordance with the provisions of rule 13.(iv)The terms and conditions of service of the President and the member shall not be varied to their disadvantage during their tenure of office.(v)Any casual vacancy caused by resignation or removal of the President or any other member of the State Commission under sub-rule (3) or otherwise shall be filled of by fresh appointment.(vi)Where any such casual vacancy occurs in the Office of the President of the State Commission, the senior-most member (in order of appointment) holding office for the time being, shall discharge the functions of the President until a person appointed to fill such vacancy assumes the Office of the President of the State Commission.(vii)When the President of the State Commission is unable to discharge the functions owing to absence, illness or any other cause, the senior most member (in order of appointment) shall discharge the functions of the President until the day on which the President resumes the charge of his functions.(vii)No act or proceedings of the State Commission shall be held invalid by reason of any vacancy of its President or members or any defect in the constitution thereof.(ix)In case of any difference of opinion among the member of the State Commission, the opinion of the majority shall prevail.(x)The President or any member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administration of an organisation which has been the subject of any proceedings under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.
