Section 61 of The Rights of Persons with Disabilities Act, 2016.
- (1)Save as otherwise provided under this Act, a Member of the Central Advisory Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
- (2)The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
- (3)A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon becomes vacant.
- (4)A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
- (5)A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 60 shall be eligible for renomination.
- (6)The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 60 shall receive such allowances as may be prescribed by the Central Government.
Summary
- Nominated members of the Central Advisory Board usually serve for a term of three years.
- Even after their term expires, a member stays in office until their successor officially starts.
- The Central Government can remove a nominated member before their term is up if they give them a chance to explain themselves.
- A member can resign at any time by writing a letter to the Central Government.
- If a seat becomes empty due to a casual vacancy, the new person only serves for the rest of the original term.
- Certain nominated members, such as experts and industry representatives, are allowed to be nominated again for another term.
Practical examples
FAQ
1. How long is the term for a nominated member under Section 61 of the Rights of Persons with Disabilities Act, 2016?
Nominated members serve for a term of three years from the date of their nomination.
2. Can a member be removed early under Section 61 of the 2016 Disability Act?
Yes, the Central Government can remove a member before their term ends, but only after giving them a reasonable opportunity to show cause.
3. What happens if a member of the Central Advisory Board wants to quit according to Section 61 of the Disability Act?
They can resign by writing a letter under their own hand addressed to the Central Government.
Test yourself
Q1.Under Section 61 of the Rights of Persons with Disabilities Act, 2016, a nominated member continues in office after their term expires until what happens?
Q2.According to Section 61 of the Disability Act 2016, how is a casual vacancy on the Board filled?
Q3.Under Section 61 of the Rights of Persons with Disabilities Act, 2016, who receives allowances for their service?
Q4.Which section of the Disability Act 2016 gives the Central Government the power to remove a nominated member?