Section 24 of The National Commission for Allied and Healthcare Professions Act, 2021
- (1)Notwithstanding anything contained in sub-section
- (1)of section 23, the Chairperson of the State Council and Member nominated under clauses (e) and (f) of sub-section (3) of section 22 may—
- (i)relinquish his office by giving in writing to the State Government notice of not less than three months; or
- (ii)be removed from his office if he—
- (a)has been adjudged insolvent; or
- (b)has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
- (c)has become physically or mentally incapable of acting as a Member; or
- (d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
- (e)has so abused his position as to render his continuance in office prejudicial to the public interest.
- (2)No such Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.
Summary
- The Chairperson and certain nominated members of the State Council can resign before their term ends by giving the State Government three months' written notice.
- The State Government can remove these members forcefully if they go bankrupt, commit a crime involving moral turpitude, or become physically or mentally incapable.
- A member can also be removed if they gain a financial conflict of interest or abuse their position in a way that hurts the public interest.
- However, if a member is accused of a conflict of interest or abusing their position, the government cannot remove them without first giving them a reasonable opportunity to be heard.
- These rules apply regardless of the normal term limits set in the Act.
Practical examples
FAQ
1. How much notice does the Chairperson need to give if they want to quit?
They must give written notice of not less than three months to the State Government.
2. Can a member be fired just because the State Government doesn't like them?
No, removal is only allowed for specific reasons listed in the Act, such as insolvency, serious criminal conviction, incapacity, financial conflict, or abuse of position.
3. Does a member get to defend themselves before being removed?
Yes, but only if they are being removed for acquiring a conflict of interest or for abusing their position. For those two reasons, they must be given a reasonable opportunity of being heard.
Test yourself
Q1.Under Section 24 of The National Commission for Allied and Healthcare Professions Act, 2021, how much written notice must the Chairperson give the State Government to relinquish their office?
Q2.Under Section 24 of The National Commission for Allied and Healthcare Professions Act, 2021, which of the following is a valid ground for the State Government to remove a member from office?
Q3.Under Section 24 of The National Commission for Allied and Healthcare Professions Act, 2021, for which grounds of removal MUST the member be given a reasonable opportunity of being heard?
Q4.Under Section 24 of The National Commission for Allied and Healthcare Professions Act, 2021, read with Section 23, how does Section 24 interact with the term limits established in Section 23?