section 4
Appointment of Chairperson and Members:
The Nagaland for Backward Tribes Commission Act, 2016General201614 sections
Statutory text
- (1) The Chairperson and the Member of the Commission shall be appointed by the Governor on the recommendation of a Committee consisting of-
- (i) the Chief Secretary, who shall be the Chairperson of the Committee;
- (ii) Chairperson of the Commission; and (iii) a representative from the civil society to be nominated by the Governor. (2) The Chairperson and Member of the Commission shall be persons of eminence in public life with wide knowledge and experience in administration and governance and having done substantial work for promoting welfare of the backward tribes.
- (3) The Chairperson and Member of the Commission shall not be a Member of Parliament or Member of the Nagaland Legislative Assembly, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. 5. Terms of Office and Conditions of Services: (1) The Chairperson of the Commission shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty five years, whichever is earlier and shall not be eligible for re-appointment. (2) The Members of the Commission shall hold office for a term of five years from the date on which they enter upon office or till they attain the age of sixty two years, whichever is earlier and shall not be eligible for re-appointment. Provided that every Member shall, on vacating his office under this sub-section, be eligible for appointment as the Chairperson in the mannerspecified in sub-section (1) of Section 4. Provided, further that where the Member is appointed as the Chairperson, his term of office shall not be more than five years in aggregate as the Member and the Chairperson. (3) The Chairperson and Members of the Commission, shall before they enter upon office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation accordingto the form set out forthe purpose in the First Schedule. (4) The Chairperson and Members of the Commission, may, at anytime, by writing under their hand addressed to the Governor, resign from their office. Provided, that the Chairperson and members of the Commission may be removed in the manner specified underSection 8.
- (5) The Salaries and allowances payable to and other terms and conditions of service of- (a) the Chairperson of the Commission shall be the same as Chairman of Nagaland Public Service Commission;
- (b) the Members of the Commission shall be the same as Members of the Nagaland Public Service Commission. Provided that if the Chairperson and Members of the Commission, at the time of their appointment are in receipt of a pension, other than a disability or wound pension in respect of any previous service under the Government of India or under the Government of A State, their salary in respect of the service as the Chairperson and Members of the Commission shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity. Provided further that where the Chairperson and Members of the Commission if, at the time of their appointment are, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, their salary in respect of the service as the Chairperson and Members of the Commission shall be reduced by the amount of pension equivalent to the retirement benefits. Provided also that the salaries, allowances and other conditions of service of the Chairperson and Members of the Commission, shall not be varied to their disadvantage after their appointment. 6. Procedure for transaction of business: (1) The Commission shall meet regularly at its office. (2) All decisions will be taken in the meetings of the Commission by majority. Provided that in case of equality of votes, the Chairperson, or in his absence the Member presiding shall have and exercise a second or casting vote. (3) The Commission shall observe such procedure in transaction of business in its meetings, including the quorum in such meetings, as may be prescribed bythe State Government. (4)
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