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State of Gujarat - Section

Section 10 in Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001

10. Removal and resignation of member.

(1)Notwithstanding anything contained in sub-section (1) of section 7, the State Government may, at any time, remove any member from office, if, in its opinion, such member-
(a)is or has become, subject to any of the disqualifications mentioned in section 9,
(b)has been guilty of misconduct in discharge of his duties,
(c)has become physically or mentally incapable of discharging his duties as a member,
(d)has so abused his position as to render his continuance in office prejudicial to public interest, or
(e)has without reasonable cause refused or failed to perform his duties for a period of not less than three months:
Provided that no member shall be removed from his office-
(i)on the ground specified in clause (f) or (g) of section 9 or clause (b), (c) or (d) of sub-section (1), unless the committee on a reference made to it in this behalf by the State Government, has after an inquiry including an opportunity of being heard to the member, reported that the member is liable to be removed on such ground;
(ii)on any other ground, unless an opportunity of being heard is given to the member.
(2)A member in respect of whom a reference has been made under clause (i) of the proviso to sub-Section (1) shall not perform his functions as a member until the State Government removes the member from his office or decides not to remove the member from his office, on receipt of the report of the Committee on such reference.
(3)A member may resign from his office by giving notice in writing, for such period as may be prescribed, to the State Government, and on such resignation being accepted by the State Government, he shall be deemed to have vacated his office.