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4. Term of office and conditions of service of Chairperson and Members.-

(1) The Chairperson and every Member shall hold office for a term of three years from the date he assumes office.

(2) The Chairperson or a Member may, by writing under his hand addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the Member at any time.

(3) The Central Government shall remove a person from the office of Chairperson or a Member referred to in sub-section (2) if that person-

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central 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;

(e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or

(f) has, in the opinion of the Central Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the interests of minorities or 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) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.

(5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.

1. 17th May, 1993, vide notification No. S.O. 317(E), dated 17th May, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

2. Added by Act 41 of 1995, s.2 (w.e.f. 18-9-1995).

3. Subs. by s. 3, ibid., for "Chairperson and six Members" (w.e.f. 18-9-1995).

National Commission for Minorities Act, 1992 Back

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