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Section 89 of Trade Marks Act 1999: Resignation and Removal

Section 89 (Resignation and removal) under Chapter XI (Appellate Board) of Trade Marks Act 1999 ⦂‒

❝(1) The Chairperson, Vice-Chairperson or any other Member may, by notice in writing under his hand addressed to the President of India, resign his office:

Provided that the Chairperson, Vice-Chairperson or any other Member shall, unless he is permitted by the President of India to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

(2) The Chairperson, Vice-Chairperson or any other Member shall not be removed from his office except by an order made by the President of India on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which the Chairperson, Vice-Chairperson or other Member had 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, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member referred to in sub-section (2).❞



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Notes:

(1) For the word "Chairman" or "Vice-Chairman", wherever it occurs, the word "Chairperson" or "Vice-Chairperson" were substituted by the Finance Act, 2017 (No. 7 of 2017), s.161, (w.e.f. 26-May-2017).

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