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State of Odisha - Section

Section 5 in The Western Orissa Development Council Act, 2000

5. Term of office and conditions of service of Chairman and members.

(1)The term of office of members of the Council [shall ordinarily be] [Substituted vide Notification No. 10942 dated 19.7.2001 O.G.E.No. 1355 dated 19.7.2001.] -
(a)two years in case of members referred to in [Clauses (a-1) and (b)] [Substituted vide Notification No. 10942 dated 19.7.2001 O.G.E.No. 1355 dated 19.7.2001.] of section 4; and
(b)five years in case of [Chairman referred to in Clause (a)] [Inserted vide Notification No. 10942 dated 19.7.2001 O.G.E.No. 1355 dated 19.7.2001.] members referred to in Clause (c) of the said [section] [Substituted vide Notification No. 10942 dated 19.7.2001 O.G.E.No. 1355 dated 19.7.2001.], from the date they respectively assume their office.
(2)[ The Chairman or any member other than the Revenue Divisional Commissioner and the Chief Executive Officer may, by writing under his hand addressed to the Government, resign from his office and shall be deemed to have vacated his office with effect from the date his resignation is accepted by Government.] [Substituted vide Notification No. 10942 dated 19.7.2001 O.G.E.No. 1355 dated 19.7.2001.]
(3)[ The Government may, by notification, remove the Chairman of the Council, if he -
(a)is found, in performance of his functions under this Act, to have exceeded or abused his powers; or
(b)refuses to act or is incapable of acting or acts in a manner which the Government consider to be prejudicial to the interests and objects of the Council :]
Provided that no action shall be taken under this sub-section without giving the person concerned an opportunity to show cause against the proposed action.[(3-a) The Government may, at any time, by an order published in the Gazette, withdraw the nomination of a member nominated on the Council and, upon such nomination being withdrawn, he shall cease to be a member of the Council from the date of publication of the order.] [Inserted vide Notification No. 10942 dated 19.7.2001 O.G.E.No. 1355 dated 19.7.2001.]
(4)When the office of a member including the Chairman becomes vacant by his resignation, removal, death or otherwise, the vacancy shall be filled up in the same manner in which he was taken.
(5)The Chairman of the Council shall enjoy the status of a Minister of the State of Orissa and shall be entitled to such remuneration and allowances as may be prescribed.
(6)The other members of the Council excluding the Revenue Divisional Commissioner and the Chief Executive Officer, shall be paid such fees and allowances for attending the meetings of the Council and performing the functions thereof entrusted to them, as the Council may, from time to time, fix.