Section 35 - Removal of Chairperson and Member from office in certain circumstances of Prohibition of Benami Property Transactions Act

 

35. (1) The Central Government may, in consultation with the Chief Justice of High Court, remove from office of the Chairperson or any Member, who—

(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; or

(d)        has acquired such financial or other interest 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 Judicial Member shall not be removed from his office except by an order made by the Central Government after an inquiry made by Chief Justice of the High Court in which the Chairperson or Judicial Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(3) The Central Government may suspend from office the Chairperson or Judicial Member in respect of whom a reference of conducting an inquiry has been made to the Chief Justice of the High Court under sub-section (2), until the Central Government passes an order on receipt of the report of inquiry made by Chief Justice of the High Court on the reference.

(4) The Central Government may regulate the procedure for inquiry referred to in sub-section (2) in the manner as may be prescribed.

(5) The Administrative Member may be removed from his office by an order of the Central Government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the Central Government:

Provided that the Administrative Member shall not be removed unless he has been given an opportunity of being heard in the matter.]

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