Vidhi Codex

section 57

Removal and suspension of Presiding Officer and members of Adjudicatory Board.

The Major Port Authorities Act, 2021
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Chapter VI CONSTITUTION OF ADJUCATORY BOARD

Statutory text
  1. (1) The Central Government may, in consultation with the Chief Justice of India or his nominee, remove from office of the Presiding Officer, who
    • (a) has been adjudged as an insolvent;
    • (b) has become physically or mentally incapable of acting as such Presiding Officer or member;
    • (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
    • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Presiding Officer or member; or
    • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
  2. (2) Without prejudice to the provisions of sub-section (1), the Presiding Officer shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by the Chief Justice of India or his nominee on a reference made to him by the Central Government in which such Presiding Officer has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
  3. (3) The Central Government may, with the concurrence of the Chief Justice of India suspend from office, the Presiding Officer in respect of whom reference has been made to the Chief Justice of India under sub-section (2) until the Central Government has passed orders on receipt of the report of the Chief Justice of India on such reference.
  4. (4) The Central Government shall, after consultation with the Supreme Court, make rules to regulate the procedure for the inquiry on the ground of proved misbehaviour or incapacity referred to in sub-section (2).
  5. (5) Without prejudice to the provisions of sub-section (1), a member of the Adjudicatory Board shall not be removed from his office except by an order made by the Central Government on the ground of his proved misbehaviour or incapacity, after an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the member ought to be removed on any such ground referred to in sub-section (1).
  6. (6) The Central Government may suspend any member of the Adjudicatory Board in respect of whom an inquiry under sub-section (5) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry.

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