The Maharashtra State Commission for Safai Karmacharis Act, 1997
Chapter II COMMISSION FOR SAFAI KARMACHARIS
General199717 sections5 chapters
Chapter II COMMISSION FOR SAFAI KARMACHARIS
3. Constitution of Commission and its headquarters.
Statutory text
- (1) The State Government may, by notification in the Official Gazette, constitute1 a body to be known as the Maharashtra State Commission for Safai Karmacharis to exercise the powers conferred and to perform the functions assigned to it, under this Act.
- (2) The Commission shall consist of,-
- (a) the Chairperson;
- (b) the Vice-Chairperson; and
- (c) five Members, to be nominated, by the State Government from amongst the persons engaged in social, economic, educational development and welfare of Safai Karmacharis: Provided that at least one of the Members shall be a woman.
- (3) The headquarters of the Commission shall be at a place as may be declared by the State Government, by notification2 in the Official Gazette.
Chapter II COMMISSION FOR SAFAI KARMACHARIS
4. Term of office and conditions of service of Chairperson, Vice-Chairperson and Members.
Statutory text
- (1) The Chairperson, the Vice-Chairperson and every Member shall hold office for such a period, not exceeding three years, as may be specified by the State Government in this behalf.
- (2) The Chairperson, Vice-Chairperson or a Member may, by notice in writing addressed to State Government, resign from the office of the Chairperson, the Vice-Chairperson or as the case may be, of a Member at any time.
- (3) The State Government shall remove the person from the office of the Chairperson, the Vice-Chairperson or a Member if that person,-
- (a) becomes an un-discharged 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 or discharging his duties;
- (e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
- (f) in the opinion of the State Government, has so abused the position of the Chairperson, the Vice-Chairperson or a Member, as to render that person's continuance in such office detrimental to the public interest: Provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.
- (4) Notwithstanding anything contained in sub-sections (1) and (3), all the office bearers of the Commission shall hold office during the pleasure of the State Government and may be removed at any time before the expiry of their term of office.
- (5) A vacancy caused under sub-sections (2), (3) or (4), or otherwise shall be filled by fresh nomination and a person so nominated shall hold office for the un-expired period of the term for which his predecessor in office would have held the office if such vacancy had not arisen.
- (6) The Chairperson of the Commission shall enjoy the status of the Minister of State of the Government of Maharashtra and he shall be entitled to salary and allowances payable to, and all other allowances available to the Minister of State under the Maharashtra Ministers' Salaries and Allowances Act (Bom. XLVII of 1956).
- (7) The salaries and allowances payable to, and the terms and conditions of service of the Vice-Chairperson and the Members shall be such as may be prescribed.
Chapter II COMMISSION FOR SAFAI KARMACHARIS
5. Officers and other employees of Commission.
Statutory text
- (1) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
- (2) The salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.
Chapter II COMMISSION FOR SAFAI KARMACHARIS
6. Vacancy, etc. not to invalidate proceedings of Commission.
Statutory text
No act or proceeding of the Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.
Chapter II COMMISSION FOR SAFAI KARMACHARIS
7. Procedure to be regulated by Commission.
Statutory text
- (1) The Commission shall meet as and when necessary and shall meet at such time and place as the Chairperson may think fit.
- (2) The Commission shall regulate its own procedure.
- (3) All orders and decisions of the Commission shall be authenticated by the Chairperson or any other officer of the Commission duly authorised by the Chairperson in this behalf.
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