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Section 24 of The Civil Liability for Nuclear Damage Act, 2010

(1)The Chairperson or a Member may, by a notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or the Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.
(2)The Central Government shall remove from office the Chairperson or a Member who--
1. (a)has been adjudged an insolvent; or
2. (b)has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
3. (c)has become physically or mentally incapable of acting as a Member; or
4. (d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
5. (e)has so abused his position as to render his continuance in office detrimental to the public interest: Provided that no Member shall be removed under clause (d) or clause (e) unless he has been given an opportunity of being heard in the matter.

Summary

The Chairperson or any Member can resign from office by giving a written notice under their hand addressed to the Central Government.
After submitting their resignation, they must continue to hold office for up to three months from the date of receipt of the notice.
However, they can leave earlier if the Central Government permits, if a successor enters office, or if their term of office expires (whichever happens first).
The Central Government has the authority to remove the Chairperson or any Member from office.
The grounds for removal are being declared insolvent, being convicted of an offence involving moral turpitude in the government's opinion, becoming physically or mentally incapable, acquiring a prejudicial financial or other interest, or abusing their position to the detriment of public interest.
If a Member is being removed for having a conflict of interest or for abusing their position, they must be given an opportunity of being heard in the matter.

Practical examples

1In April 2027, a Commission Member, Dr. Amit Sen, decides to resign for personal reasons and sends a written notice to the Central Government. He wishes to leave immediately, but since no successor has been appointed yet and his term is not expiring, he is legally required to continue holding office for three months (until July 2027) unless the Central Government formally permits him to relinquish his duties sooner.

2In September 2027, the Central Government receives information that a Member, Mr. Suresh Mehta, has recently purchased significant shares in a private nuclear supply company, which is likely to prejudicially affect his official functions. Before the Central Government can remove Suresh under Section 24 for acquiring a conflict of interest, they must provide him with a formal opportunity of being heard to present his side of the case.

FAQ

1. To whom should the resignation notice of the Chairperson or a Member be addressed?

The resignation notice must be written under their hand and addressed to the Central Government.

2. How long must a resigning Member continue to hold office after submitting their resignation?

They must continue until the expiry of three months from the receipt of the notice, or until a successor enters office, or until their term of office expires, whichever is earliest, unless the Central Government allows them to leave sooner.

3. On what grounds can the Central Government remove the Chairperson or a Member?

They can be removed if they are declared insolvent, convicted of an offence involving moral turpitude, physically or mentally incapable, have a prejudicial financial or other interest, or have abused their position to the detriment of public interest.

4. Does a Member get a chance to explain themselves before being removed?

Yes, if the removal is based on acquiring a conflict of interest or abusing their position, the Member must be given an opportunity of being heard.

5. Can a Member be removed for any criminal conviction?

No, the conviction must be for an offence that, in the opinion of the Central Government, involves moral turpitude, meaning a serious violation of ethics or honesty.

Test yourself

Q1.Under Section 24 of The Civil Liability for Nuclear Damage Act, 2010, if a Member submits a written resignation, what is the maximum period they can be required to continue holding office from the date the Central Government receives the notice?

Q2.Under Section 24 of The Civil Liability for Nuclear Damage Act, 2010, which of the following is NOT a valid ground for the Central Government to remove the Chairperson or a Member from office?

Q3.Under Section 24 of The Civil Liability for Nuclear Damage Act, 2010, for which specific grounds of removal is the Central Government legally required to give the Member an opportunity of being heard?

Q4.Under Section 24 of The Civil Liability for Nuclear Damage Act, 2010, if a Member's successor enters office two months after the Member submitted a resignation letter, does the resigning Member still have to complete the full three-month notice period?

Q5.Under Section 24 of The Civil Liability for Nuclear Damage Act, 2010, what is the role of the Central Government in determining whether a conviction warrants a Member's removal?

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