Protection of Human Rights (Amendment) Act,2006
Section 14. Amendment of Section 23
In Section 23 of the principal Act,-
(a) for the marginal heading “Removal of a Member of the State Commission”, the marginal heading “Resignation and Removal of Chairperson or a Member of the State Commission” shall be substituted;
(b) for sub-section (1), the following sub-sections shall be substituted, namely:-
“(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office.
(1-A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a 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 such Member, as the case may be, ought on any such ground to be removed.”;
(c) in sub-section (2),-
(a) for the word, brackets and figure “sub-section (1)” the word, brackets, figure and letter, sub-section (1-A)” shall be substituted;
(b) for the words “other Member” at both the places where they occur, the word “Member” shall be substituted.