Removal of Chairperson or Member

Any member or Chairperson may be removed from office, on a recommendation being made by the Authority by a majority of three-fourth of members by an order of the State Government on the grounds of - (a) Proven misconduct or misbehaviour; (b) Persistent neglect to perform duties of the Authority; (c) Occurrence of any situation that would make a member ineligible for appointment to the Authority under Section 40; or (d) The member concerned engaging himself during his term of office in any paid employment outside the duties of his office. (1) The power and function of the Authority shall be as follows:-(a) To inquire into allegations of "serious misconduct" against police personnel on a complaint:-(i) received from a victim or a close relative of the victim supported by an affidavit; (ii) referred to it by the State Government. (b) To carry out such other functions as the State Government may, from time to time, specify by an order. Explanation:-"Serious misconduct" for the purpose of this Chapter means:-Any malafide act of omission or commission by a police officer that leads to or amounts to,-(i) (a) Death; or (b) Rape or attempt to commit rape; or (c) Grievous hurt in Police custody; or in the Custody of Police; or (ii) Such other acts as may be specified by State Government by an order of the State Government. (2) Notwithstanding anything contained in forgoing sub-sections the Authority shall not take cognizance of a complaint in cases which are already being enquired into by the National Human Rights Commission, State Human Rights Commission or is a subject matter under the Commission of Enquiries Act or is sub-judice. (3) No cognizance shall be taken by the Authority in any complaint received after six months from the date of occurrence. (4) The Authority shall while enquiring into the matter or performing any function under sub-section (1) has all the power of a civil court trying a suit and, in particular in respect of the following matter namely:-(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. (5) The Authority shall submit the report to the State Government and also make recommendations, wherever it deems fit.