Section 21: Disqualifications for appointment and continuation as Chairperson and Members of Board
←Sec. 20: Salary, allowances payable to and term of officeSec. 20Sec. 22: Resignation by Members and filling of vacancySec. 22→
Simple Explanation
Section 21 lists grounds for disqualification from the Board:
1. Insolvency: Declared bankrupt.
2. Moral Turpitude: Convicted of an offence involving moral turpitude (as determined by the government).
3. Incapacity: Physically or mentally unable to perform duties.
4. Conflict of Interest: Acquired financial or other interests that could prejudicially affect their functions.
5. Abuse of Position: So abused their position that continued service would be against public interest.
• Removal Process: The Central Government cannot remove a member without giving them a chance to be heard.
These safeguards maintain the integrity and independence of the Board.
Key Points
- ✓Insolvency disqualifies a person
- ✓Conviction for moral turpitude is a ground
- ✓Physical or mental incapacity leads to disqualification
- ✓Conflict of interest is a ground
- ✓Abuse of position can lead to removal
- ✓Opportunity of being heard required before removal
Official Text (Summary)
A person is disqualified if they have been adjudged insolvent; convicted of an offence involving moral turpitude; become physically or mentally incapable; acquired financial or other interests likely to affect their functions prejudicially; or abused their position rendering continuance prejudicial to public interest. Removal requires an opportunity of being heard.
Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.
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