Section 7 of The Energy Conservation Act, 2001
The Central Government shall remove a member referred to in clauses (o), (p) and (q) of sub-section (2) of section 4 from office if he--
- (a)is, or at any time has been, adjudicated as insolvent;
- (b)is of unsound mind and stands so declared by a competent court;
- (c)has been convicted of an offence which, in the opinion of the Central Government, involves a moral turpitude;
- (d)has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.
Summary
- This provision gives the Central Government the power to fire specific appointed members from their office.
- A member must be removed if they become bankrupt or are declared mentally unsound by a judge.
- Committing a crime that involves moral turpitude is automatic grounds for removal from the position.
- If a member abuses their power in a way that harms the public interest, the government can remove them.
- Before being removed for abusing their position, the member must be given a fair chance to defend themselves.
Practical examples
FAQ
1. Who has the authority to fire a member under Section 7 of The Energy Conservation Act, 2001?
Section 7 of the Act grants the Central Government the exclusive power to remove these members from office.
2. Under Section 7 of the energy conservation law, does a member get a chance to defend themselves before being fired?
Yes, but only if they are being removed for abusing their position against the public interest, as Section 7 of the law requires a reasonable opportunity to be heard in that specific situation.
3. Can a member stay in office if they go bankrupt under Section 7 of the 2001 Energy Act?
No, Section 7 of the Act mandates that the Central Government shall remove a member who is adjudicated as insolvent.
4. What happens if a court declares a member mentally unwell under Section 7 of The Energy Conservation Act, 2001?
Section 7 of the statute requires the Central Government to remove a member who is of unsound mind and stands so declared by a competent court.
Test yourself
Q1.According to Section 7 of The Energy Conservation Act, 2001, which authority can remove a member from office?
Q2.Under Section 7 of the 2001 Energy Act, in which scenario must a member be given a reasonable opportunity of being heard before removal?
Q3.Which of the following is NOT listed as a valid reason for removing a member under Section 7 of The Energy Conservation Act, 2001?
Q4.Connecting Section 7 and Section 6 of The Energy Conservation Act, 2001, if the Central Government removes a member for moral turpitude, creating an empty seat on the council, what happens to the council's ongoing work?