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Union of India - Section

Section 10 in The Electricity (Supply) Act, 1948

10. Removal or suspension of members .- [(1)] The State Government may suspend from office for such period as it thinks fit or remove from office any member of the Board who-

(a)is found to be a lunatic or becomes of unsound mind; or(b)is adjudged insolvent; or(c)fails to comply with the provisions of section 9; or(d)becomes or seeks to become a member of [Parliament] [ Substituted by A.O. 1950, for " the Central" .] or any State Legislature or any local authority; or(e)[ in the opinion of the State Government- [ Substituted by Act 101 of 1956, Section 5, for Clause (e) (w.e.f. 30.12.1956).](i)has refused to act; or(ii)has become incapable of acting; or(iii)has so abused his position as a member as to render his continuance on the Board detrimental to the interests of the general public; or(iv)is otherwise unfit to continue as a member; or](f)is convicted of an offence involving moral turpitude.
(2)[ The State Government may suspend any member pending an inquiry against him.
(3)No order of removal shall be made under this section unless the member concerned has been given an opportunity to submit his explanation to the State Government, and when such order is passed, the seat of the member removed shall become vacant and another member may be appointed under section 5 to fill up the vacancy.
(4)A member who has been removed shall not be eligible for re-appointment as member or in any other capacity to the Board.
(5)If the Board fails to carry out its functions, or refuses or fails to follow the directions issued by the State Government under this Act, the State Government may remove the Chairman and the members of the Board and appoint a Chairman and members in their places.] [ Inserted by Act 101 of 1956, Section 5 (w.e.f. 30.12.1956).][10-A. Power of State Government to declare certain transactions void.-(1) The State Government may declare void any transaction in connection with which a member has been removed under sub-clause (iii) of clause (e) of sub-section (1) of section 10 after considering the report on the facts of the case made to it by a District Judge nominated by it in this behalf.
(2)A District Judge nominated under sub-section (1) shall, before making his report under the sub-section to the State Government in relation to any transaction, give all parties interested in the transaction a reasonable opportunity of being heard.
(3)Where a transaction is declared void under this section, it shall not be enforceable by any party to the transaction but the provisions of section 65 of the Indian Contract Act, 1872 (9 of 1872), shall, so far as may be, apply to such transaction as they apply to an agreement which is discovered to be void or a contract which becomes void.
(4)The decision of the State Government declaring any transaction void under this section shall be final and shall not be called in question in any Court.]