Vidhi Codex

section 4

Term of office, conditions of service, etc., of Chairperson and other Members

The Maharashtra State Enterprises (Restructuring and other Special Provisions) Act, 2000
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Statutory text
  1. (1) Before any person is appointed as the Chairperson or a Member of the Board, the Government shall satisfy itself that the person has no such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member : Provided that, no person shall hold office as the Chairperson or Member after he has attained the age of sixty-five years.
  2. (2) Notwithstanding anything contained in sub-section (1), a Member may,—
    • (a) by writing under his hand and addressed to the State Government resign his office at any time; or
    • (b) be removed from his office in accordance with the provisions of section 5.
  3. (3) A vacancy caused by the resignation or removal of the Chairperson or any other Member under sub-section
  4. (2) or otherwise, shall be filled in by the Government by fresh appointment.
  5. (4) In the event of the occurrence of a vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, such Member as the State Government may, by notification, authorise in this behalf, shall act as the Chairperson till the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
  6. (5) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, such a Member of the Board, as the Chairperson may authorise in writing in this behalf, shall discharge the functions of the Chairperson till the date on which the Chairperson resumes his duties.
  7. (6) The Government shall, by order, determine the professional fees and allowances payable to and the other terms and conditions of service of the Chairperson and other Members : Provided that, neither the professional fees nor the allowances nor the other terms and conditions of service of the Chairperson or any Member shall be varied to his disadvantage after his appointment.
  8. (7) The Chairperson and every other Member shall, before entering upon his office, make a declaration of fidelity and secrecy in the form set out in Schedule II.
  9. (8) The Chairperson or any other Member ceasing to hold office as such shall not hold any appointment or be connected with the management or administration in any Referred Enterprise, in relation to which any matter has been the subject matter of consideration before the Board, for a period of two years from the date on which he ceases to hold such office.
  10. (9) The tenure of the Chairperson and Members of the Board shall be initially for a period not exceeding three years. Subject to the proviso to sub-section (1), the tenure may be extended from time to time by, the Government at its option, till the exercise of restructuring, etc., of the State Enterprises, is completed to the satisfaction of the Government.

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