Section 5 in The Protection of Human Rights Act, 1993
Title: Resignation and removal of Chairperson and Members
1 [5. Resignation and removal of Chairperson and Members.—(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office.
(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed.
(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.]
1. Subs. by s. 5, ibid., for section 5 (w.e.f. 23-11-2006).
Title: Term of office of Chairperson and Members
1[6. Term of office of Chairperson and Members.--(1) A person appointed as Chairperson shall hold office for a term of 2[three years] from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier 3[and shall be eligible for re-appointment].
(2) A person appointed as a Member shall hold office for a term of 2[three years] from the date on which he enters upon his office and shall be eligible for re-appointment 4***:
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.]
1. Subs. by Act 43 of 2006 s. 6, for section 6 (w.e.f. 23-11-2006).
2. Subs. by Act 19 of 2019, s. 4, for “five years” (w.e.f. 2-8-2019).
3. Ins. by s. 4, ibid.(w.e.f. 2-8-2019).
4. The words “for another term of five years” omitted by Act 19 of 2019, s. 4 (w.e.f. 2-8-2019).
Title: Member to act as Chairperson or to discharge his functions in certain circumstances
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
Title: Terms and conditions of service of Chairperson and Members
1 [8. Terms and conditions of service of Chairperson and Members.—The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.
1. Subs. by Act 43 of 2006, s. 7, for section (8) (w.e.f. 23-11-2006).
Title: Vacancies, etc., not to invalidate the proceedings of the Commission.
No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission.