Disqualifications for appointment as Member

Section 21 of the Surrogacy (Regulation) Act, 2021 deals with disqualifications for appointment as Member. A person shall be disqualified for being appointed and continued as a Member if, he— (a) has been adjudged as an insolvent; The Act came into force on 25 Jan 2022.

(1) A person shall be disqualified for being appointed and continued as a Member if, he—

(a) has been adjudged as 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 a Member; 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) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a Member; or

(g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility.

(2) The Members referred to in clause (f) of section 17 shall not be removed from their office except by an order of the Central Government on the ground of their proved misbehaviour or incapacity after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed.

(3) The Central Government may suspend any Member against whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry.

Section 21, The Surrogacy (Regulation) Act, 2021 (Act 47 of 2021).