Air (Prevention and Control of Pollution) Act, 1981
8. Disqualifications.
(1) No person shall be a member of a State Board constituted under this Act,
who -
(a)
is, or at any
time has been, adjudged insolvent; or
(b) is of unsound mind and has been so declared by a
competent court; or
(c) is, or has been, convicted of an offence which, in the
opinion of the State Government, involves moral turpitude; or
(d) is, or at any time has been, convicted of an offence
under this Act; or
(e) has directly or indirectly by himself or by any
partner, any share or interest in any firm or company carrying on the business
of manufacture, sale or hire of machinery, industrial plant, control equipment
or any other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution; or
(f) is a director or a secretary, manager or other
salaried officer or employee of any company or firm having any contract with
the Board, or with the Government constituting the Board or with a local
authority in the State, or with a company or corporation owned, controlled or
managed by the Government, for the carrying out of programmes for the
improvement of the quality of air or for the prevention, control or abatement
of air pollution; or
(g) has so abused, in the opinion of the State Government,
his position as a member, as to render his continuance on the State Board
detrimental to the interests of the general public.
(2)
The State Government shall, by order in writing, remove any member who is, or
has become, subject to any disqualification mentioned in sub-section (1) :
Provided that
no order of removal shall be made by the State Government under this section
unless the member concerned has been given a reasonable opportunity of showing
cause against the same.
(3)
Notwithstanding anything contained in sub-section (1) or sub-section (6) of
Section 7, a member who has been removed under this section shall not be
eligible to continue to hold office until his successor enters upon his office,
or, as the case may be, for re-nomination as a member.