62 Constitution of the Settlement Commission


(1) There shall be a Settlement Commission consisting of a Chairman and such number of other members as may be determined by the State Government.

Provided that the Commission shall comprise at least one member from each category mentioned in clauses (i) and (ii) of subsection (4).

(2)The Commission shall be located at the State headquarter but the Commission for discharge of its functions, may, at its option, hold its camp at any public place anywhere inside the State.

(3) A person shall not be qualified for appointment as Chairman, unless he -

(i) has been a judge of a High Court, or

(ii) has, for at least one year, held the post of the President of Tribunal under this Act or the erstwhile Act;

(4) A person shall not be qualified for appointment as member unless he,

(i) has held the post of Member Tribunal or Additional Commissioner under this Act or under the erstwhile Act; or

(ii) he is or has been a member of U.P. Higher Judicial Service.

(5) The chairman and every other Member shall be appointed by the State Government but the member belonging to Higher Judicial Service shall be appointed after consultation with the Chief Justice of the High Court for which proposal will be initiated by the State Government:

Provided that the Chairman or member shall not assume the office unless he has resigned or retired from, as the case may be, the Judgeship of the High Court, or the Uttar Pradesh Higher Judicial Service or any other service in which he was serving.

(6) The Chairman and member shall hold office as such for a term of three years from the date he enters upon his office:

Provided that no Chairman or other member shall hold office as such after he has attained.

(a) in the case of Chairman the age of sixty five years, and

(b) in the case of any other Member the age of sixty two years.

(7) The Chairman or any other member may by notice in writing under his hand addressed to the Governor resign his office.

(8) The Chairman or any other member shall not be removed from his office except by an order made by the Governor on the ground of proved misbehavior or incapacity after (an inquiry made by the Chief Justice or such Judge of the High Court as may be nominated by the Chief Justice,) in the prescribed manner, in which such Chairman or other member as the case may be, has been informed of the charges against him and given reasonable opportunity of being heard in respect of those charges.

(9) On ceasing to hold office, the Chairman or other member shall not appear, act or plead before any authority under this Act.

(10) The salaries and allowances payable to the Chairman and other member and the other conditions of their service shall be such as may be determined by the State Government from time to time.

(11) Where the Chairman is unable to discharge his functions owing to absence, illness or any other cause, or where any vacancy occurs in the office of the Chairman by reason of his death, resignation or otherwise, the President of Tribunal shall discharge the function of the Chairman until the Chairman resumes his duties or as the case may be, a Chairman appointed in accordance with the provisions of this Act assumes charge of his office.