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Section 23 Protection of Human Rights Act 1993: Resignation & Removal..

Section 23 (Resignation and Removal of a Chairperson or a Member of the State Commission) under Chapter V (State Human Rights Commissions) of the Protection of Human Rights Act, 1993 —

❝(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office.

(1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.

(2) Notwithstanding anything in sub-section (1A) the President may by order remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,—
 (a) is adjudged an insolvent; or
 (b) engages during his term of office in any paid employment outside the duties of his office; or
 (c) is unfit to continue in office by reason of infirmity of mind or body; or
 (d) is of unsound mind and stands so declared by a competent court; or
 (e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.❞



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Notes:

The Protection of Human Rights Act, 1993 (No. 10 of 1994) was amended by:
- the Protection of Human Rights (Amendment) Act, 2000 (No. 49 of 2000) (w.e.f. 11-12-2000);
- the Protection of Human Rights (Amendment) Act, 2006 (No. 43 of 2006) (w.e.f. 23-11-2006).

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