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Section 5 Protection of Human Rights Act 1993: Resignation & removal of Chairperson & Members

Section 5 (Resignation and removal of Chairperson and Members) under Chapter II (The National Human Rights Commission) of the Protection of Human Rights Act, 1993 —

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

(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on 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 the Member, as the case may be, ought on any such ground to be removed.

(3) Notwithstanding anything in sub-section (2), 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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