Section 62 of The Rights of Persons with Disabilities Act, 2016.
- (1)No person shall be a Member of the Central Advisory Board, who—
- (a)is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
- (b)is of unsound mind and stands so declared by a competent court, or
- (c)is, or has been, convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or
- (d)is, or at any time has been, convicted of an offence under this Act, or
- (e)has so abused his position in the opinion of the Central Government as a Member so as to render his continuance in the office is prejudicial interests of the general public.
- (2)No order of removal shall be made by the Central Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same.
- (3)Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 61, a Member who has been removed under this section shall not be eligible for renomination as a Member.
Summary
- This section lists several reasons why a person is forbidden from being a member of the Central Advisory Board.
- A person is disqualified if they are insolvent, which means they cannot pay their debts.
- Being declared of unsound mind by a court is a ground for disqualification.
- Anyone convicted of an offense that involves moral turpitude, in the government's opinion, cannot be a member.
- Conviction of any offense specifically under this Act also disqualifies a person.
- If a member is removed for these reasons, they can never be nominated to the Board again.
Practical examples
FAQ
1. Can a person who cannot pay their debts join the Board under Section 62 of The Rights of Persons with Disabilities Act, 2016?
No, Section 62 states that anyone who is adjudged insolvent or has suspended payment of their debts is disqualified.
2. What happens if a Board member is convicted of a crime according to Section 62 of the 2016 Disability Act?
If the crime involves moral turpitude or is an offense under this Act, they are disqualified from being a member.
3. Does a member get a chance to defend themselves before removal under Section 62 of the Disability Act?
Yes, Section 62 requires the Central Government to give the member a reasonable opportunity to show cause before an order of removal is made.
Test yourself
Q1.Under Section 62 of the Rights of Persons with Disabilities Act, 2016, a person is disqualified if a court declares them to be of what condition?
Q2.According to Section 62 of the Disability Act 2016, what is the rule regarding renomination for a member who was removed?
Q3.Which of these is a disqualification under Section 62 of the Rights of Persons with Disabilities Act, 2016?
Q4.Under Section 62 of the Disability Act 2016, who has the authority to form an opinion on whether a crime involves moral turpitude?