AMASRA: 2.33 Section 20J. Removal of Chairperson and members.

2.33 Removal of Chairperson and members:

2.33.1 Bare Act Provision:

20J. Removal of Chairperson and members.―(1) Notwithstanding anything contained in sub-section (3) of section 20F, the President in the case of the Chairperson and the Central Government in the case of whole-time member and part-time member may, by order, remove from office, the Chairperson or any such member of the Authority, if he―

(a) has been adjudged an insolvent; or

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

(c) has become physically or mentally incapable of acting as Chairperson or member; or

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

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

(2) The Chairperson or any member of the Authority shall not be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

Footnote:

1. Ins. by Act 10 of 2010 (w.e.f. 16-6-1992).

Section 20J of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, outlines the conditions and process for removing the Chairperson or members of the National Monuments Authority (NMA). It ensures the NMA’s integrity by allowing the removal of unfit individuals while providing fairness for certain grounds.

2.33.2 Grounds for Removal:

As per Section 20J(1) of the AMASR Act, the President can remove the NMA Chairperson, and the Central Government can remove full-time or part-time members if they:

(a) Are declared bankrupt.

(b) Are convicted of a crime the Central Government considers morally wrong.

(d) Gain financial or other interests that could bias their work.

(e) Misuse their position in a way that harms the public interest.

This overrides the three-year tenure set in Section 20F. This provision ensures the NMA remains effective and credible by removing individuals who are unfit due to financial, criminal, physical, mental, or ethical issues. It protects public interest by maintaining high standards for those overseeing Bharat’s cultural heritage.

2.33.3 Opportunity to Be Heard

As per Section 20J(2) of the AMASR Act, for removals based on conflicting interests or abuse of position, the Chairperson or member must get a fair chance to explain or defend themselves. This upholds natural justice by ensuring fair and transparent removals for subjective grounds, preventing arbitrary dismissals and protecting the rights of NMA members.

Section 20J of the AMASR Act ensures the NMA’s integrity by allowing the removal of unfit Chairperson or members while providing fairness for certain grounds. However, ambiguous terms, lack of transparency, and potential political interference could undermine its effectiveness.