Section 43 in Kerala Real Estate (Regulation and Development) Act, 2015
43. Removal of Chairperson or Member from office in certain circumstances.
(1)The Government may, in consultation with the Chief Justice of the High Court, remove from office, the Chairperson or any Member 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 Government involves moral turpitude; or(c)has become physically or mentally incapable; or(d)has acquired such financial or other interests as is likely to affect prejudicially his functions; or(e)has so abused his position as to render his continuance in office prejudicial to public interest.(2)The Chairperson or a Member shall not be removed from his office except by an order made by the Government after an inquiry made by a Judge of the High Court in which such Chairperson has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.(3)The Government may suspend a person from the office of the Chairperson or 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 Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference.(4)The Government may, by rules, regulate the procedure for inquiry referred to in sub-section (2).(5)A member may be removed from his office by an order of the Government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the Government:Provided that a Member shall not be removed from office unless he has been given an opportunity of being heard in the matter.
