Section 5 - Major Port Authorities Act, 2021

The Major Port Authorities Act, 2021

5. Disqualification of Chairperson, Deputy Chairperson and Member from office in certain circumstances.-

(1) A person shall not be eligible for appointment or to continue as a Chairperson, Deputy Chairperson or Member of the Board, if-

(a) he has been adjudged as an insolvent;

(b) he has become physically or mentally incapable of acting as such Chairperson, Deputy Chairperson or Member;

(c) he has been convicted of an offence, involving moral turpitude;

(d) he holds an office of profit;

(e) he has made a false declaration under sub-section (4) of section 4;

(f) he has been removed or dismissed from the service of a Major Port Authority, Government or a body corporate owned or controlled by the Central Government or the State Government; or

(g) an order disqualifying him for appointment as a Chairperson, Deputy Chairperson or Member has been passed by a court or tribunal and such order is in force.

(2) The Chairperson, Deputy Chairperson or any other Member shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehaviour or incapacity or in contravention of the provisions of section 7 after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed.

(3) The Central Government may suspend the Chairperson, Deputy Chairperson or any other Member in respect of whom an inquiry under sub-section (2) is being initiated or pending till the Central Government has passed an order on receipt of the report of the inquiry.