State Act

The West Bengal Housing Industry Regulation Act, 2017

This Act was repealed on 4 May 2021 by struck down as beyond the State's legislative power by the Supreme Court in Forum for People's Collective Efforts v. State of West Bengal (4 May 2021); it may still apply to matters that began before then.

48. (1) The State Government may remove from office of the Chairperson or any Judicial Member or Technical or Administrative Member, as the case may be, of the Appellate Tribunal, who— (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or (c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) The Chairperson or Judicial Member or Technical or Administrative Member, as the case may be, shall not be removed from his office except by an order made by the State Government after an inquiry made by the Judge of the High Court in which such Chairperson or Judicial Member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The State Government may suspend from the office of the Chairperson or Judicial Member or Technical or Administrative Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the High Court under sub-section (2), until the State Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference. (4) The State Government may, by rules, regulate the procedure for inquiry referred to in sub-section (2).