Section 6   [ View Judgements ]

Salary and other allowances and terms and conditions of the President and Members of the State Commission


(1) The President of the State Commission shall receive the salary of the Judge of the High Court if appointed on whole-time basis or a consolidated honorarium of Rs. 200 per day for the sitting if appointed on part-time basis. Other members, if sitting on whole time basis, shall receive a consolidated honorarium of Rs. 3,000 per month and if sitting on part-time basis, a consolidated honorarium of Rs. 150 per day for the sitting.



(2) The President and the Members of the State Commission shall be eligible for such travelling allowance and daily allowance on official tour as are admissible to Grade I Officer of the State Government.



(3) The salary, honorarium and other allowances shall be defrayed out of the Consolidated Fund of the State Government.



(4) The President and the Members of the State Commission shall hold office for a term of five years or upto the age of 65 years whichever is earlier and shall not be eligible for renomination [1] :



Provided that President and/or Members may:-



(a) by writing under his hand and addressed to the State Government resign his office any time; and



(b) be removed from his office in accordance with the provisions of sub-rule (5).



(5) The State Government may remove from Office, President or any Member of the State Commission who,-



(a) has been adjudged as 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;



(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or



(e) has so abused his position as to render his continuance in office, prejudicial to the public interest:



Provided that the President or Member shall not be removed from his office on the ground specified in clauses (d) and (e) of sub-rule (5) except on an inquiry held by the State Government. In accordance with such procedure as it may specify on this behalf and finds the member to be guilty of such ground.



[2] (f) is absent himself from five consecutive sittings of the Commission, except for a reasonable cause.



(6) Before appointment, the President and Member of the State Commission shall have to take an undertaking that he does not and will not have any such financial or other interests as is likely to affect prejudicially his functions as such member.



(7) 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.



(8) Every vacancy caused by resignation and removal of the President or any other Member of the State Commission under sub-rule (4) or otherwise shall be filled by fresh appointment.



(9) Where any such vacancy occurs in the office of the President of the State Commission, the senior-most (in order of appointment) member, holding office for the time being, shall discharge the functions of the President until a person appointed to fill such vacancy assumes the office of the President of the State Commission.



(10) When the President of the State Commission is unable to discharge the functions owing to absence, illness or any other cause, the senior-most (in order of the appointment) Member of the State Commission shall discharge the functions of the President until the day on which the President resumes the charge of his functions.



(11) The President or any Member ceasing to hold 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.



FOOTNOTES:

1. This has become redundant in view of newly inserted sub-section (3) in section 16 by the Consumer Protection (Amendment) Act, 1993, with effect from . 18-6-1993.

2. Inserted by the Madhya Pradesh Consumer Protection (Amendment) Rules, 1999, with effect from . 27-10-1999.

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