(1) President of the State Commission shall receive the salary at par of the salary of the Judge of the High Court, if appointed on whole time basis or a consolidated honorarium of Rs. 400 per day for the sitting, if appointed on part-time basis. Other members, if sitting as whole time basis shall receive a consolidated honorarium of Rs. 4,000 per mensem and if sitting on a part-time basis a consolidated honorarium of Rs. 400 or such sum as may be decided by the Government, from time to time.
(2) The President and the members of the State Commission shall be entitled for such conveyance allowance and daily allowance on official tour, at such rate, as specified by the State Government, from time to time.
(3) President and the member of the State Commission shall hold office for a term of five years or upto the age of 67 years whichever is earlier and shall not be eligible for re-appointment :
Provided that President and member may-
(a) by writing under his hand and addressed to the State Government resign his office any time;
(b) be removed from his office in accordance with provisions of sub-rule (4).
(4) The State Government may remove from office, President or a member of the State Commission who,-
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which in the opinion of the State Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such member, or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a members; or
(e) has so abused; his position as to render his continuance in office prejudicial to the public interest; or
(f) has remained absent from three consecutive sittings of the State Commission, without permission of the State Government, in case he is President of the Commission and of the President of the State Commission, in case he is a member under special circumstances such permission may be obtained post facto, however, strictly within 30 days from the first day of such absence, failing which, he shall be treated as absent :
Provided that the President or a member shall not be removed from his office on the ground specified in clauses (d) and (e) of this sub-rule except on an inquiry held by State Government in accordance with such procedure as it may specify in this behalf and finds the member to be guilty of such ground.
(5) Before appointment, the President and members of the State Commission shall have to make an undertaking that he does not have and will not have any such financial or other interests, as is likely to affect prejudicially his functions as a President or a member and he shall not have any association with any political party.
(6) The terms and conditions of the service of the President and the members of the State Commission shall not be varied to their disadvantage during their tenure of office.
(7) Every vacancy caused by resignation and removal of the president or any other member of the State Commission under sub-rule (3) or otherwise shall be filled by fresh appointment.
(8) Where any vacancy occurs in the office of the president of the State Commission, by resignation, removal or he is unable to discharge the functions owing to absence, illness or any other cause, the senior most (in order of appointment) member of the State Commission, holding office for the time being; shall be the acting President until a person appointed to fill such vacancy assumes the office of the President of the State Commission. However, such acting President and the other member shall not hear and decide contested matters. They can dispose of ex parte matters and can give further dates of hearing. However, in the ex parte matters, the opinion of such acting president and Member should be unanimous.
(9) The President or any member ceasing to hole office as such shall not hold any appointment in or be connected with the management or administration of an organisation which have been the subject of any proceeding under the Act during his tenure for a period of 5 years from the date on which he ceases to hold such office.
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