Chapter II MADHYA PRADESH JAL VINIYAMAK AYOG

3.

1. (1) The Government shall, by notification in the official Gazette, establish a Commission to be known as the Madhya Pradesh Jal Viniyamak Ayog. The Commission shall exercise such powers and perform such functions and duties as have been assigned to it, under this Act.
2. (2) The Commission shall consist of a full time Chairperson and two full time Members.
3. (3) The Chairperson and the Members of the Commission shall be appointed by the Government on the

4.

1. (1) The qualification of Chairperson and Members of the Commission shall be as follows:---
   • (a) the Chairperson shall be a person who has been an officer not below the rank of Principal Secretary to the Government and has experience of policy formulation and administration in water resources sector;
   • (b) one Member shall be a person having a degree in Civil Engineering and having experience of at least 20 years in water resources sector, including two years as Chief Engineer in any Government;
   • (c) one Member shall be a person having expertise in the field of urban administration and development having experience of at least three years in water resources sector.
2. (2) The Chairperson and Members of the Commission shall not hold any other office of profit.

5.

1. (1) The Chairperson and Members of the Commission shall be appointed by the Government from a panel of names recommended by a Selection Committee comprising of :,
   • (i) Chief Secretary -Chairperson
   • (ii) Agriculture Production Commissioner -Member
   • (iii) Secretary in charge of the Urban Administration and Development Department. -Member
   • (iv) Secretary in charge of the Public Health Engineering Department. -Member
   • (v) Secretary in charge of the Water Resources Department - Convener.
2. (2) The Selection Committee shall recommend to the Government a panel of at least two names for each of the vacancies.

6.

1. (1) The Chairperson and Members of the Commission shall hold office for a period of three years and shall be eligible for reappointment.
2. (2) The Chairperson or a Member shall cease to hold office on attaining the age of 65 years.

7.

1. (1) The Chairperson and Members of the Commission shall be paid such remuneration as may be prescribed.
2. (2) The remuneration and other conditions of service of the Chairperson and Members of the Commission shall not be varied to their disadvantage after appointment.

8.

1. (1) Notwithstanding anything contained in Section 6, the Chairperson and the Members of the Commission may relinquish office by giving a notice of one month, in writing, to the Government.
2. (2) The Chairperson or a Member of the Commission shall :--
   • (a) not be eligible for further employment under the Government for a period of two years from the date he ceases to hold such office;
   • (b) not accept any commercial employment for a period of two years from the date he ceases to hold such office. Explanation.- For the purposes of this sub-section:
     • (i) "Employment under the Government" includes employment under any local or other authority within the territory of Madhya Pradesh or under the control of the Government or under any corporation or society owned or controlled by the Government.
     • (ii) "Commercial employment" means employment in any capacity including under an agency or person engaged in trading, commercial, industrial or financial business in such sector over which the Commission has or had jurisdiction.

9.

1. (1) No person shall be qualified for appointment or to remain in office as Chairperson or a Member, if he :--
   • (a) is of unsound mind or has become physically incapable of performing his duties as Chairperson or Member of the Commission;
   • (b) is an undischarged insolvent;
   • (c) has been convicted of an offence involving moral turpitude;
   • (d) has such financial or other interest as is likely to affect prejudicially his functions as Chairperson or Member of the Commission;
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest;
   • (f) disregards Government directions under this Act.
2. (2) The Government may remove the Chairperson or a Member after an inquiry held as per procedure prescribed.
3. (3) The Government may, during the period of such inquiry as specified in sub-section (2), suspend the Chairperson or the Member.

10.

1. (1) The Government shall appoint a person as Secretary to the Commission.
2. (2) The administrative setup of the Commission shall be as approved by the Government.
3. (3) The Commission may appoint, on contract or deputation, the officers and employees as per approved setup.
4. (4) The Government shall provide an annual grant for the functioning of the Commission.

11.

1. (1) The Commission shall meet and hold its meetings at its headquarters at Bhopal.
2. (2) The Chairperson and a Member shall constitute the quorum for meetings of the Commission.
3. (3) In the event of temporary absence of the Chairperson, the Government may nominate one of the Members to chair the meetings of the Commission.
4. (4) The Commission shall take decisions by majority.
5. (5) All orders and decisions of the Commission shall be issued by the Secretary to the Commission.

12. No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of any vacancy in the Commission.