Chapter I Preliminary

In this Act, unless the context otherwise requires,- (a) "Commission" means the Maharashtra State Commission for Scheduled Tribes constituted under section 3; (b) "Member" means a Member of the Commission and includes the Chairperson and Member-Secretary; (c) "prescribed" means prescribed by rules made under the Act; (d) "regulations" means the regulations made by the Commission under the Act; (e) "Scheduled Tribes" shall have the same meaning as assigned to it in clause (25) of article 366 of the Constitution of India; (f) "State Government" or "Government" means the Government of Maharashtra.

(1) The State Government shall, by notification published in the Official Gazette, constitute a body to be known as the Maharashtra State Commission for Scheduled Tribes to exercise the powers conferred on and to perform the functions assigned to it under the Act. (2) The Commission shall consist of the following members nominated by the State Government, namely :- (a) a Chairperson, who shall be an eminent person belonging to the Scheduled Tribes; (b) a member, from amongst the Advocates who have experience of minimum seven years practice in High Court or Sessions Court preferably in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 or a retired District and Session Judge or equivalent thereto; (c) a member, from amongst the retired officers of the State Government or Central Government, who has held the post not below the rank of Joint Secretary to the State Government; (d) a member, from amongst the renowned persons in the field of social work or having an experience of working in voluntary organization or Government organization in social and economic development of Scheduled Tribes; (e) a member, from amongst the retired Indian Police Service officers and who have sufficient experience in handling social justice cases: Provided that, out of the above members, one of the member shall be a woman : Provided further that, all the members to be nominated from amongst the Scheduled Tribes. (f) a Member-Secretary, to be deputed by the Government from amongst the officer of the State Government not below the rank of Deputy Secretary. He shall be the Chief Executive Officer of the Commission and shall exercise the powers and discharge functions of the Commission.

(1) Every Member shall hold the office for a term of three years from the date he assumes the office : Provided that, the Chairperson or a Member shall not be appointed for more than two terms. (2) A Member may, by writing under his hand addressed to the State Government, resign from the office at any time. (3) The State Government shall remove a person from the office of the Chairperson or 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 the competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Commission remains absent for three consecutive meetings of the Commission; or (f) has, in the opinion of the State Government, so abused the position of the Chairperson or Member as to render that person’s continuance in office detrimental to the interest of the Scheduled Tribes or the public interest or is otherwise unfit or unsuitable to continue as such Chairperson or Member : Provided that, no office-bearer shall be removed under this clause unless he has been given a reasonable opportunity of being heard. (4) A vacancy caused under sub-section (2) or (3) or otherwise, shall be filled in, as soon as may be, by a fresh nomination by the State Government; and the person so nominated shall hold office for the remainder of the term of office of the person in whose vacancy such person has been nominated, would have held the office, if the vacancy had not occurred : Provided that, if the vacancy of a Member other than that of the Chairperson, occurs within six months preceding the date on which the term of office of the Member expires, the vacancy shall not be filled in. (5) The honorarium, if any, and allowances payable to, and the terms and conditions of holding the office of the Chairperson and Members shall be such, as may be prescribed.

(1) The State Government shall provide the Commission with such number of officers and employees as may be necessary for the efficient functioning of the Commission under the Act. (2) The salaries and allowances payable to and the other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shall be such as the State Government may prescribe.