Disqualification of Chairman, Vice-Chairman and members

(1) A person shall be disqualified whether appointed, nominated or designated as, or from continuing as a Chairman, Vice-Chairman or a member of the Board or of any Committee appointed under this Act, - (a) if he directly or indirectly by himself or his partner has or had any share or interest in any text-book published: Provided that a person who had any share or interest in the text-book concerned shall not be deemed to have incurred disqualification under this clause if five years had lapsed from the date of publication of such book; (b) if he directly or indirectly by himself or his partner, has any share or interest in any work done by the order of, or any contract entered into on behalf of the Board; (c) if he is an undischarged insolvent; (d) if he is adjudged to be of unsound mind by a competent authority; or (e) if he is a person against whom an order of removal from office has been made by the Government by specific proven charges involving moral turpitude or disgraceful conduct or action detrimental to the interest of the Board: Provided that a person against whom such order is made would not be deemed to be disqualified under this clause if five years or lesser period as the Government may specify has elapsed from the date of his removal from office. Explanation.- For the purpose of clause (a) – (i) the publication of text-book includes its republication; (ii) a person shall be deemed to have incurred disqualification by reason of his having any share or interest in the business of the publisher of such text-book. (2) All cases of disqualification of incumbent Chairman, Vice-Chairman or members of the Board will have to be necessarily approved by the Board which may for the purpose, make such enquiry as it may deem fit. In the event of such approval being granted by the Board, in the case of incumbent member, he shall stand disqualified and removed from the office; and in the event of such approval being granted by the Board in the case of incumbent Chairman or Vice-Chairman, the Government shall remove from office on the recommendation of the Board: Provided that, no such approval shall be given by the Board unless the incumbent Chairman, Vice-Chairman or member to whom it relates has been given a reasonable opportunity of showing cause why such disqualification should not be effected: Provided further that when the Board considers the disqualification of any incumbent member, Vice-Chairman or Chairman, he shall not have any right to vote during such discussions and in the case of discussions regarding the disqualification of incumbent Chairman, he shall not chair the meeting and the post of the Chairman for the limited purpose of presiding over such meetings shall be filled up by the Government in accordance with the procedure laid down under sub-section (8) of section 8 of this Act.