Vidhi Codex

section 7

Removal of members

The Odisha Electricity Reform Act, 1995
Infrastructure199559 sections14 chapters
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Chapter II Chapter II

Statutory text
  1. (1) The State Government may, after giving an opportunity of being heard, remove from office any member of the Commission, subject to the provisions of sub-section (2), who—
    • (a) has been adjudged insolvent, or
    • (b) has been convicted of an offence involving moral turpitude, or
    • (c) has become physically or mentally incapable of acting as such member, or
    • (d) has without reasonable cause refused or failed to act continuously for a period of three months or more, or
    • (e) ceases to fulfill any of the conditions of his appointment as member, or
    • (f) has acquired such financial or other interest that can affect prejudicially his functions as a member, or
    • (g) has conducted himself in a manner or has so abused his position as to render his continuance in office prejudicial to the public interest or to the objects and purposes of the Act—
  2. (2) Except where a member admits the charge, in writing, no member of the Commission shall be removed from his office on the ground specified in clauses (c), (d),
    • (f) and
    • (g) of sub-section (1), until a sitting judge of the High Court of Judicature of Orissa, as recommended by the Chief Justice of the High Court at relevant time, has carried out an investigation and submitted a report.
  3. (3) The State Government shall communicate its decision to the member concerned within a period of two months of the receipt of the report.
  4. (4) A member who has been removed shall not be eligible for reappointment as a member or in any other capacity in the Commission.
  5. (5) If the member removed under this section is the Chairman of the Commission, he shall also cease to be the Chairman of the Commission.
  6. (6) The vacancy caused by the removal of the member shall be filled in the same manner as provided for the appointment of a member or designation of the Chairman of the Commission.

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