Section 6   [ View Judgements ]

Salary or honorarium and other allowances and terms and conditions of the president and members of the State Commission Section 16(2)


(1) (a) The President of the State Commission shall receive the salary of the Judge of a High Court if appointed on whole time basis or an honorarium of rupees two hundred only per day of sitting if appointed on part-time basis.



(b) Other members of State Commission if appointed on whole time basis, shall receive a consolidated salary of rupees five thousand per month.



(2) The president and the members of the State Commission shall be eligible for such traveling allowance and daily allowance of official tour as are admissible to Class-I officer of the State Government under the Orissa Traveling Allowances Rules.



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



(4) President and the member of the State Commission shall hold office for a term of five years or upto the age to 65 years whichever is earlier and shall not be eligible for re-appointment :



Provided the president and member may by writing under his hand and addressed to the State Government resign his office at any time.



(5) 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 required such financial or other interest as is likely to affect prejudicially his functions as a member; or



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



Provided that the president or a member shall not be removed from his office on the ground specified in clauses (d) and (e) except on an inquiry held by State Government in accordance with such procedure as it may deem proper and finds the member to be guilty of such grounds.



(6) Before appointment, president and members of the State Commission shall have to give take an undertaking that he does not and shall 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-rules (4) and (5) or otherwise shall be filled by fresh appointment.



(9) Where any such vacancy occur 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 to the appointment) member of the State Commission shall discharge the functions of the president until the day on which the president resumes 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 :



[2] Provided that where the president is the sitting Judge of the High Court of the State, no undertaking shall be necessary.



FOOTNOTES:

1. Substituted by the Orissa Consumer Protection (Amendment) Rules, 2000.

2. Inserted by Second Amendment Rules 1938. Vide Notification No. PL. IC/81-41464 dated 31st December, 1988.

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