Bare ActsThe Protection of Human Rights Act 1993

Section 23

fResignation and Removal of Chairperson or () Member of the State Commissiony

Amendment status not verified — confirm the current text below against the official source.

fResignation and Removal of Chairperson or () Member of the State Commissiony . 3((1) The Chairperson or a Member of a State Commission map) bg notice in writing under his hand addre% ed to the Governor, resign his office ' (1A) Subject to the provisions of sub-section (2), the Chairperson or ang Member of the State Commission shall onlv be removed from his office bv order of the President on the ground of proved misbehaviour or incapacibp after the Su'preme Coul-t, on a reference being made to it bg the President, has, on inquirp held in accordance with the procedure prescribed in that behalf bp tbe Supreme Court, reported that the Chairperson or such Member, as the case nnag be! ought on any such ground to be removed.j (2) Notwithstanding anpthing in sub-section (1A), the Pàesident map by order remove from office the Chairperson or any (Memberl4 if the Chairperson or such (Memberls, as the. case may be - (a) is adjudged an insolvent; or 1 Subs. W Act 43 of 2006 for ''anp vacancy in the Committee'' 2 Subs. by Act 43 of 2006 for ''Removal of a member of the State Commijsion 3 Subs. W Act 43 of 2006 4 Subs. W Act 43 of 2006 for ''otlner member'' 9 Subs. bp Act 43 of 2006 for ''other member'' engages during his term of office in any pajd employment outside the duties of his office; or ' is unfit to cpntinue in office by reason' of infirmitg of mind or body; or . (2) is of unsound mind and standj so declared W a competent court; O r (e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

Section 23 – The Protection of Human Rights Act 1993 | DailyLaw.ai