Section 5 of The National Commission for Allied and Healthcare Professions Act, 2021
- (1)Notwithstanding anything contained in sub-section (1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may-
- (i)relinquish his office by giving in writing to the Central 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 Central 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 Part-time Member; or
- (e)has so abused his position as to render his continuance in office prejudicial to the public interest.
- (2)No Part-time 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
(1) Notwithstanding anything contained in sub-section (1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may- (i) relinquish his office by giving in writing to.
Practical examples
FAQ
1. How much notice must a Chairperson give to resign under The National Commission for Allied and Healthcare Professions Act, 2021?
Under Section 5 of the National Commission for Allied and Healthcare Professions Act, 2021, the Chairperson must give at least three months of notice in writing to the Central Government to relinquish their office.
2. Can a member of the Commission be removed for a physical illness under the 2021 Healthcare Act?
Yes, Section 5 of the National Commission for Allied and Healthcare Professions Act, 2021, allows the Central Government to remove a member if they have become physically or mentally incapable of acting as a member.
3. Does a Part-time Member get a chance to defend themselves before removal for a conflict of interest?
Yes, Section 5 of the National Commission for Allied and Healthcare Professions Act, 2021, states that no Part-time Member can be removed for acquiring a prejudicial interest or abusing their position unless they have been given a reasonable opportunity to be heard.
4. Who has the authority to remove the Vice-Chairperson from the Commission?
According to Section 5 of the National Commission for Allied and Healthcare Professions Act, 2021, the Central Government has the power to remove the Vice-Chairperson for specific reasons like insolvency or misconduct.
5. What qualifies as moral turpitude for removal under Section 5 of this healthcare law?
Section 5 of the National Commission for Allied and Healthcare Professions Act, 2021, defines this as being convicted of an offence which, in the opinion of the Central Government, involves a violation of moral standards or integrity.
Test yourself
Q1.Under Section 5 of The National Commission for Allied and Healthcare Professions Act, 2021, how many months of written notice must a Chairperson provide to the Central Government to resign?
Q2.Which type of member is entitled to a reasonable opportunity of being heard before removal for abusing their position under Section 5 of the 2021 Act?
Q3.Under Section 5 of the National Commission for Allied and Healthcare Professions Act, 2021, which authority decides if a conviction involves moral turpitude?
Q4.Based on the cross-reference to Section 3 in Section 5 of the Act, which official cannot simply be removed for insolvency without following Section 5 procedures?