Disqualifications to be a member of the Board

(1) A person shall not be eligible to be appointed or to hold office as Chairperson or as a member of the Board if he– (a) is a Minister, Minister of State, a member of the National Assembly, a political standard bearer, or a member of any local authority; (b) is a Judge or a Magistrate; (c) is legally incapacitated; (d) has been declared bankrupt or has made a composition or arrangement with his creditors; (e) has committed an offence involving fraud or other dishonesty, or has contravened any law designed to protect members of the public against financial loss due to dishonesty, incompetence or malpractice by persons involved in business activities or in carrying on a profession, or has engaged in any business practice appearing to the Minister to be deceitful or oppressive or otherwise improper, whether unlawful or not, or which otherwise reflects discredit on his method of conducting business or his profession; (f) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as a member of 15 Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares the interest and such declaration and waiver are published in the Gazette; or (g) is otherwise not a fit and proper person to hold that office. (2) In determining whether a person is a fit and proper person under sub-section (1)(g), the Minister shall have regard to that person’s probity, to his competence and soundness of judgment for fulfilling the responsibilities of that office, to the diligence with which he is fulfilling or is likely to fulfil those responsibilities, and to whether the interests of any person are, or are likely to be in any way, threatened, by his holding that office. (3) Any person whom the Minister has appointed or proposes to appoint as a member of the Board shall, whenever requested by the Minister to do so, furnish to him such information as the Minister considers necessary for the performance of the Minister’s duties under sub-section (1) or sub-section (2). (4) A member of the Board of Directors, other than the Director-General may be removed from office by the Minister on the written recommendation of the Board, on the ground of inability to perform the functions of his office, whether due to infirmity of mind or of body, or to any other cause, or for misbehaviour; and for the purposes of this sub-section, absence from three consecutive meetings of the Board may be deemed to amount to misbehaviour. (5) Any member of the Board, other than the Director- General, may resign from office by letter addressed to the (6) If a member resigns or if the office of a member of the Board is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint another suitably qualified person to be a temporary member of the Board; and any person so appointed shall cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those