Section 16 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Provided that an officer of the State Government appointed as member of Authority shall hold the office not beyond the time he is an officer of the State Government
Bare section text
Official Legislative Text
Resignation and removal 16.
- (1)Any member of the State Appellate Authority, may, by notice in writing under his hand addressed to the Chief Secretary to the Government, resign his office.
- (2)Notwithstanding anything contained in sub-section (1), the State Government may by order remove from office a member if the member -
- (i)is adjudged an insolvent; or
- (ii)has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or
- (iii)engages during his term of office in any paid employment outside the duties of his office; or
- (iv)is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or
- (v)has acquired such financial or other interest as is likely to affect prejudicially his functions as a member.
- (3)The State Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of a member.
Educational Study Layer
Summary
- An active officer of the State Government who is appointed as a member of the State Appellate Authority has a restricted term of office.
- This member cannot hold the office of member beyond the time they remain an active officer of the State Government.
- If the member ceases to be an officer of the State Government, meaning they retire, resign, or leave government service, they must immediately vacate their position as a member of the Authority.
- This rule ensures that a serving government official cannot keep their membership on the Authority once they leave their active government post.
Practical examples
FAQ
1. How can a member resign from the State Appellate Authority under Section 16 of the Act?
A member of the State Appellate Authority can resign by submitting a written notice. This notice must be written under their hand and addressed to the Chief Secretary to the Government under Section 16.
2. Under what circumstances can the State Government remove a member under Section 16 of the Act?
Under Section 16, the State Government can remove a member if they are declared insolvent, which means legally declared unable to pay debts. The State Government can also remove a member if they are convicted of an offence involving moral turpitude, engage in paid work outside their duties, are unfit due to mind or body infirmity, or acquire financial interests that conflict with their functions.
3. How is misbehavior or incapacity of a member investigated under Section 16 of the Act?
The State Government regulates the investigation process through formal rules. Under Section 16, the State Government may make rules to establish the procedure for investigating any misbehavior or incapacity of a member.
Practice Quiz
Q1.Under the proviso of Section 14 of this Act, an active State Government officer is appointed as a member of the State Appellate Authority for a three-year term starting March 1, 2024. On March 1, 2025, the officer retires from government service. Can this person complete the remaining two years of their term on the Authority?
Q2.Under the proviso of Section 14 of this Act, Mrs. Geeta, a serving Secretary in the State Government, is appointed as a member of the State Appellate Authority. Two years into her term, her department is abolished and she is transferred to a post that is not under the State Government, ending her status as a State Government officer. What is the status of her membership on the Authority?
Q3.Under the proviso of Section 14 of this Act, Mr. Amit, a retired Secretary who is no longer an officer of the State Government, is appointed as a member of the State Appellate Authority at age sixty-one. Does this proviso require him to vacate office if he does not rejoin government service?
Q4.Under the proviso of Section 14 of this Act, what is the core purpose of limiting the term of serving government officers appointed to the Authority?