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Section 9

The West Bengal Administrative ( Adjudication Of School Disputes ) Commission Act, 2008State Act of West Bengal · Act 34 of 2008

(1) The Member may, by giving in writing a notice of not less than three months under his hand addressed to the Governor, resign his office, and, on such resignation being accepted, his office shall become vacant and may be filled up by a fresh appointment.

8 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 29, 2011 [PART III The West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008.

(Chapter II.—Establishment and Composition of Commission.—Sections 10, 11.— Chapter 11L—Jurisdiction and Powers of Commission.—Section 12.)

(2) A Member who has become disqualified to hold his office on any of the grounds mentioned in clauses (a) to (f) of section 8 shall, by writing under his hand addressed to the Governor, inform the fact and on the fact being so informed, his office shall stand vacant and may be filled up by a fresh appointment; and where the Member fails so to inform the fact, he may, after an inquiry made by a Judge of the High Court in which the Member has been informed of the ground and given a reasonable opportunity of being heard in respect of the ground, be declared to have become disqualified and, on the declaration being so made, his office shall stand vacant and may be filled up by a fresh appointment.

(3) No Member shall be removed from his office except on the ground of proved misbehaviour or incapacity after an enquiry made by a Judge of the High Court in which the Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(4) No removal referred to in sub-section (3) shall be made except by an order in writing made by the Governor.

(5) The State Government may, in consultation with the Chairperson, prescribe the procedure for inquiry into the disqualification of a Member to hold his office or the misbehaviour or incapacity of a Member.

Administrative superintendence over Benches.

Where this provision sits

ActThe West Bengal Administrative ( Adjudication Of School Disputes ) Commission Act, 2008
Section9
JurisdictionState of West Bengal
StatusIn force as published by the source

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