Chapter II CONSTITUTION OF COMMISSION

Constitution of Commission.—(1) The Government shall, by notification, constitute a body to be known as the Himachal Pradesh State Farmer’s Commission to exercise the powers conferred upon and perform the functions assigned to it under this Act.

1. (2) The Commission shall consist of a Chairperson, not more than three non-official numbers; and shall also include—
   • (a) Vice Chancellor, Ex-officio Member; Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidalya , Palampur
   • (b) Vice Chancellor, Ex-officio Member; Dr. Yashwnt Singh Parmar University of Horticulture and Forestry, Nauni, Solan
   • (c) Director of Fisheries Ex-officio Member; Department
   • (d) Director of Horticulture Ex- Officio Member; Department
   • (e) Director of Animal Ex- Officio Member; Husbandry Department
   • (f) Director of Agriculture Department Member -Secretary.

Appointment of Chairpeson and non-official members.—(1)The Chairperson and non-official members of the Commission shall be appointed by the State Government in the manner as may be prescribed.

1. (2) The Chairperson shall be a Bonafide of Himachal Pradesh, practicing or progressive farmer with at least a graduate degree and having sufficient exposure regarding current domestic and international agricultural scenario with minimum five years experience of administration in agriculture, or horticulture or animal husbandry.
2. (3) The experience under sub-section
3. (2) may include an exprience as Chairperson of the Himachal Pradesh State Agriculture Marketing Board or the Agriculture Produce Marketing Committee or Co-operative Bank.
4. (4) The non-official member shall be a Bonafide of Himachal Pradesh practicing or progressive farmer and also possess the same educational qualification as that of the Chairperson of the Commission with minimum four years experience of administration or Bonafide of Himachal Pradesh having Ph. D.

Term of office and conditions of service of Chairperson and non-official members Term of office and conditions of service of Chairperson and non-official members.—(1) The Chairperson or a non-official member of the Commission shall hold office for a period of five years from the date of assuming the office or till attaining the age of 70 years, whichever is earlier.

1. (2) The Chairperson shall draw salary in the pay scale as applicable to the Principal Secretary to the Government.
2. (3) The terms and conditions of service of the Chairperson and the non-official members shall be such as may be prescribed.

Disqualifications.— No person shall be eligible for appointment as Chairperson and non-official member, if he,—

1. (a) is not a citizen of India; or
2. (b) has not attained the age of 21 years; or
3. (c) is of unsound mind and stands so declared by a competent court; or
4. (d) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
5. (e) is adjudged insolvent.

Resignation or removal.—(1) A Chairperson and non-official member may, by way of notice in writing under his hand addressed to the Government, resign from his office.

1. (2) The Government may, by order, remove from the office, Chairperson or a non-official member, if he,—
   • (a) is an undischarged insolvent; or
   • (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
   • (d) refuses to act or becomes incapable of acting; or
   • (e) remains absent from three consecutive meetings of the Commission, without obtaining leave: Provided that no such person shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter.
2. (3) A vacancy caused under sub-section
3. (1) or sub-section
4. (2) shall be filled by a fresh appointment.

Casual vacancy.—In the event of death, resignation or disqualification of the Chairperson or a non-official member or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as early as possible by appointment of a person who shall hold office for the unexpired term of his predecessor.

Headquarter of Commission.—The headquarter of the Commission shall be located at Shimla or at any other place as may be decided by the Government.