Central

Section 5 of The Finance Commission (Miscellaneous Provisions) Act, 1951

A person shall be disqualified for being appointed as, or for being, a member of the Commission,--

(a)if he is of unsound mind;
(b)if he is an undischarged insolvent;
(c)if he has been convicted of an offence involving moral turpitude;
(d)if he has such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission.

Summary

A person who is a member of the Commission may be disqualified if they are of unsound mind, an undischarged insolvent, convicted of an offense involving moral turpitude, or have financial or other interests that may affect their functions.

Practical examples

1A potential candidate, Anil, is rejected because he has been declared to be of unsound mind by a competent court.

2Suman, a current member, is removed from her position after she is convicted of a crime involving moral turpitude, which is conduct that is considered dishonest or immoral.

3Rohan is disqualified from joining the commission because he is an undischarged insolvent, meaning he is legally bankrupt and has not finished the process to clear his debts.

FAQ

1. Can someone with a mental health condition serve on the commission under the 1951 Act?

Under Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951, a person is disqualified if they are of unsound mind.

2. Does being bankrupt disqualify you from the Finance Commission according to Section 5?

Yes, Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951, states that an undischarged insolvent (someone who is bankrupt and has not been cleared) is disqualified.

3. What happens if a member develops a conflict of interest after being appointed?

Under Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951, a person is disqualified for being a member if they have a financial or other interest likely to affect their work prejudicially.

Test yourself

Q1.Under Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951, which of these is a ground for disqualification?

Q2.What is the rule regarding criminal convictions in Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951?

Q3.According to Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951, what status regarding bankruptcy causes disqualification?

Q4.How does Section 5 of the Finance Commission (Miscellaneous Provisions) Act, 1951, handle personal interests compared to Section 4?

4PreviousSection 4 Personal interest to disqualify members.6NextSection 6 Term of office of members and eligibility for reappointment.

←Section 4 Section 6→