Section 8 of The Road Transport Corporations Act, 1950
Removal of Chairman and members from office.
1[(1)] The State Government may remove from office the Chairman or any other 2[Director] of the Corporation who--
- (a)is or becomes subject to any of the disqualifications mentioned in section 6; or
- (b)without excuse sufficient in the opinion of the State Government is absent for more than four consecutive meetings of the 3[Board]. 4* * * * * 5[(2) The State Government may terminate the appointment of any Director after giving him notice for such period (being not less than one month) as may be prescribed: Provided that the appointment of a Director appointed by the Central Government shall not be terminated under this sub-section without the concurrence of that Government.]
Summary
- The State Government has the authority to remove a Chairman or any Director from their role.
- Removal is mandatory if a person becomes subject to the disqualifications listed in Section 6.
- A Director can be removed for missing more than four consecutive Board meetings without a valid reason.
- The government can terminate a Director's appointment by giving them at least one month of notice.
- For Directors originally appointed by the Central Government, the State must get the Central Government's agreement before termination.
Practical examples
FAQ
1. How many meetings can a Director miss before being removed under Section 8 of the Road Transport Corporations Act, 1950?
Under Section 8 of the Road Transport Corporations Act, 1950, a Director can be removed if they are absent for more than four consecutive Board meetings without a sufficient excuse.
2. What is the notice period for terminating a Director under Section 8 of the Road Transport Corporations Act, 1950?
The State Government must give a notice of at least one month as prescribed by rules to terminate a Director under Section 8 of the Road Transport Corporations Act, 1950.
3. Can the State Government fire a Central Government appointee on its own under Section 8 of the Road Transport Corporations Act, 1950?
No, under Section 8 of the Road Transport Corporations Act, 1950, the State Government needs the concurrence or agreement of the Central Government to terminate such a Director.
Test yourself
1.Under Section 8 of the Road Transport Corporations Act, 1950, which of these is a ground for removal from office?
2.What is the minimum notice period the State Government must provide to terminate a Director under Section 8 of the Road Transport Corporations Act, 1950?
3.Under Section 8 of the Road Transport Corporations Act, 1950, whose permission is needed to terminate a Director appointed by the Central Government?
4.If a Director is removed under Section 8 of the Road Transport Corporations Act, 1950, because they were convicted of a crime, which other section's rules are they likely violating?