Section 4 in U.P. State Commission for Backward Classes Act, 1996
4. Term of office and conditions of service.
- ["(1) The Chairman or every other member shall hold office for a term of three years from the date he assumes office:] [Substituted, by U.P. Ordinance No. 11 of 2001 Notification No. 1345(2)XVII-V-I-2(Ka) 15/2001 dated June 8, 2001 published in U.P. Gazette (Extra) dated 8 June, 2001.][Provided that no Chairman or other member shall hold office as such after he has attained the age of sixty-five years:] [Sub-section (1) First Proviso omitted and second Proviso for the words 'Provided further that' the word 'Provided that' substituted by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part 1 Section (ka) dated 5th August, 2005.][Provided that] [Sub-section (1) First Proviso omitted and second Proviso for the words 'Provided further that' the word 'Provided that' substituted, by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part 1 Section (ka) dated 5th August, 2005.] the Chairman shall not be eligible for reappointment as member.[(1-A) The provisions of sub-section (1) as amended by the Uttar Pradesh State Commission for Backward Classes (Amendment) Ordinance, 2001 shall apply also to the Chairman and every other member holding office immediately before the commencement of the said Ordinance.] [Sub-section (1-A and 1-B) omitted by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part I Section (ka) dated 5th August, 2005.][(1-B) The Chairman or other member, who has attained the age of sixty-five years, on or before the commencement of the Ordinance referred to in sub-section (1-A), shall cease to hold office as such on such commencement."] [Sub-section (1-A and 1-B) omitted by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part I Section (ka) dated 5th August, 2005.](2)A Member may, by writing under his hand addressed to the Governor, resign from the office of Chairman or, as the case may be, of Member at any time but shall continue to hold office until his resignation is accepted.(3)The State Government shall remove a person from the office of Member if that person-(a)becomes an undischarged insolvent;(b)is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude;(c)becomes of unsound mind and stands so declared by a competent Court;(d)refuses to act or becomes incapable of acting;(e)is, without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or(f)has, in the opinion of the State Government, so abused the position of Chairman or Member as to render that person's continuance in office detrimental to the interests of Backward Classes or the public interest :Provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter.(4)A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.(5)The salaries and allowances payable to, and other terms and conditions of service of the Chairman and Members shall be such as may be prescribed.
