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State of West Bengal - Section

Section 38 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010

38. Removal of Member.

(1)The Chairperson or Member shall not be removed from office except in accordance with the provision of this section.
(2)The State Government may, by order, remove from office the Chairperson or any Member if he-
(a)has been adjudged 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 of acting as a Member; or
(d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(e)has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f)has been guilty of proved misbehaviour.
(3)No member or chairperson shall be removed under clauses (d) and (e) of subsection (2) unless he has been given a reasonable opportunity of being heard in the matter.