- [(1) The State Government shall, by notification in the Official Gazette, constitute a Commission to be called the [Maharashtra Smoke-Nuisances Commission] [Sub-section (1) was substituted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] to supervise and control the working of this Act.](2)The said Commission shall consist of a President nominated by [the [State] [The words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government] and so many other members as [the [State] [The words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government] may determine.(3)One-half of the members (exclusive of the President) shall be nominated by [the [State] [The words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government]; and the remainder shall be elected, in such manner and for such period as [the [State] [The words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government] may direct, by bodies or associations whose interests are likely to be affected by this Act; and the appointment of all members, whether nominated or elected, shall be notified in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.].(4)Where a casual vacancy occurs in the case of a nominated member [the [State] [The words 'the Provincial Government were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] shall make a fresh nomination, and where a casual vacancy occurs in the case of an elected member the election shall be made by the same body or association as that which elected the member whose place is to be filled; and a member so nominated or elected shall hold office so long as the member whose place he fills would have been entitled to hold office had the vacancy not occurred.(5)No act done by the Commission shall be questioned on the ground merely of the existence of any vacancy in or any defect in the constitution of the Commission.
