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Competition Act, 2002

11. Resignation, removal and suspension of Chairperson and other Members.-

1.     The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

2.     Notwithstanding anything contained in sub-section (1), the Central Government may, by order, remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case may be,-

a.     is, or at any time has been, adjudged as an insolvent; or

b.    has engaged at any time, during his term of office, in any paid employment; or

c.     has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

d.    has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

e.     has so abused his position as to render his continuance in office prejudicial to the public interest; or (f) has become physically or mentally incapable of acting as a Member.

2.     Notwithstanding anything contained in sub-section (2), no Member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.

Competition Act, 2002 Back

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