Section 20: Disclosure of interest by members

(1) For the purpose of this and the next following section, a person shall be deemed to have an interest in a matter if he has any interest, pecuniary or otherwise, in such matter which could reasonably be regarded as giving rise to a conflict between his duty to honestly perform his functions under this Act and such interest, so that his ability to consider and decide any question impartially or to give any advice without bias, may reasonably be regarded as impaired. (2) A member having any interest in any matter to be discussed or decided by the Commission shall, prior to any discussion of the matter, disclose in writing to the Commission the fact of his interest and the nature thereof. (3) A disclosure of interest under sub-section (2) shall be recorded in the minutes of the Commission, prior to any discussion of, or decision on, the matter and, after the disclosure, the member— (a) shall not, save in the cases provided in sub-sections (4) to (6), take part nor be present in any deliberation or decision of the Commission; and (b) shall be disregarded for the purpose of constitution of a quorum of the Commission. (4) If a member is not the Chairman and the Chairman becomes aware that a member has a conflict of interest, the Chairman shall,— (a) if he considers that the member should not take part, or continue to take part, as the case may require, in determining the matter, direct the member accordingly; or (b) in any other case, cause the member's interest to be disclosed to the persons concerned in the matter including any person whose application is pending decision or adjudication by the Commission, the member in respect of whom a direction has been given under clause (a) shall comply with the direction. (5) If the member is the Chairman, he shall disclose his interest to the persons concerned in the matter including any person whose application is pending decision or adjudication by the Commission. (6) Subject to sub-section (4), the Chairman or the member who has any interest in any matter referred to in this section shall not take part, or continue to take part, as the case may require, in determining the matter unless everyone concerned consents to the Chairman or, as the case may be, the member so taking part.

Effective date: 2023-08-11

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