Section 38 in Maharashtra Housing (Regulation And Development) Act, 2012
38. Removal of Chairperson and Member of Housing Appellate Tribunal from office in certain circumstances.
(1)The State Government may remove from office, the Chairperson or any Member of the Housing Appellate Tribunal, who has,-(a)been adjudged an insolvent; or(b)been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or(c)become physically or mentally incapable of acting as the Chairperson or a Member; or(d)acquired such financial or other interest as is likely to affect prejudicially his function as the Chairperson or a Member; or(e)so abused his position as to render his continuance in the office prejudicial to the public interest.(2)Notwithstanding anything contained in sub-section (1), the Chairperson or Member of the Housing Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless, the High Court, on a reference being made to it in this behalf by the State Government, has on an enquiry held by it, recommended that the Chairperson or Member ought to be removed on such ground.(3)The State Government may suspend from office, the Chairperson or a Member of the Housing Appellate Tribunal, as the case may be, in respect of whom a reference has been made to the High Court under sub-section (2), until the State Government has passed an order on receipt of the report of the High Court on such reference.
