Chapter 5 · Data Protection Board of India
Section 21 - Disqualifications
Grounds that bar appointment or continuationThis lists what bars someone from being appointed, or continuing, as Chairperson or Member - being adjudged insolvent, a conviction involving moral turpitude, becoming physically or mentally incapable, acquiring a conflicting financial interest, or abusing the office.
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This lists what bars someone from being appointed, or continuing, as Chairperson or Member - being adjudged insolvent, a conviction involving moral turpitude, becoming physically or mentally incapable, acquiring a conflicting financial interest, or abusing the office. A member cannot be removed without first being given an opportunity to be heard.
Key points
- Grounds include insolvency, conviction for moral turpitude, incapacity, conflict of interest or abuse of office.
- Applies both to appointment and to continuation in office.
- No removal without an opportunity to be heard.
Official section text
Section 21. Disqualifications for appointment and continuation as Chairperson and Members of Board.
A person shall be disqualified for being appointed and continued as the Chairperson or a Member, if she -
has been adjudged as an insolvent;
has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude;
has become physically or mentally incapable of acting as a Member;
has acquired such financial or other interest, as is likely to affect prejudicially her functions as a Member; or
has so abused her position as to render her continuance in office prejudicial to the public interest.
The Chairperson or Member shall not be removed from her office by the Central Government unless she has been given an opportunity of being heard in the matter.