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Section 5: Disqualification.

The Maharashtra State Minorities Commission Act, 2004State Act of Maharashtra · Act 31 of 2005

(1) A person shall be disqualified for being appointed as and for being continued as the Chairperson, the Vice-Chairperson or a Member, as the case may be, if he-

(a) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is an undischarged insolvent; or

(d) has been removed or dismissed from service of the Central Government or a State Government or a Body or Corporation owned or controlled by the Central Government or a State Government; or

(e) refuses to act or becomes incapable of acting; or

(f) is without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or

(g) has, in the opinion of the Government, so abused the position of the Chairperson, Vice-Chairperson or Member as to render that person's continuance in office as detrimental to the interests of the minorities or the public interest:

Provided that, no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

(2) Any person who is disqualified under sub-section (1) shall be removed by the Government.

Where this provision sits

ActThe Maharashtra State Minorities Commission Act, 2004
Section5
Marginal noteDisqualification.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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