Arbitration and Conciliation Act Section 43G — Removal of Member

CHAPTER X — Miscellaneous

Civil

Summary

Sub-section (1) lists the grounds on which the Central Government may remove a Member from office. These grounds are: the Member is an undischarged insolvent; the Member has taken up paid employment during their term, except in the case of a Part-time Member; the Member has been convicted of an offence that the Central Government considers to involve moral turpitude; the Member has acquired a financial or other interest that is likely to affect their functions prejudicially; the Member has abused their position in a way that makes their continued presence in office harmful to public interest; or the Member has become physically or mentally incapable of acting as a Member.

Sub-section (2) places a restriction on removal. Despite the grounds listed in sub-section (1), a Member cannot be removed on the grounds of having a prejudicial financial or other interest, or having abused their position, unless the Supreme Court, after the Central Government refers the matter to it, conducts an inquiry according to a procedure prescribed by the Supreme Court itself and reports that the Member ought to be removed on such ground or grounds.

Official Text

–

(1) The Central Government may, remove a Member from his office if he––

(a) is an undischarged insolvent; or

(b) has engaged at any time (except Part-time Member), during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(f) has become physically or mentally incapable of acting as a Member.

(2) Notwithstanding anything contained in sub-section (1), no Member shall be removed from his office on the grounds specified in clauses

(d) and

(e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.