Section 417 — Removal of Members
(1) The Central Government may, after consultation with the Chief
Justice of India, remove from office the President, Chairperson or any Member, who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(c) has become physically or ment ally incapable of acting as such President, the Chairperson, or
Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as
such President, the Chairperson or Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest:
Provided that the President, the Chairperson or the Member shall not be removed on any of the grounds
specified in clauses (b) to (e) without giving him a reasonable opportunity of being heard.
(2) Without prejudice to the provisions of sub-section (1), the President, the Chairperson or the Member
shall not be removed from his office except by an order made by the Central Government on the ground of
proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court nominated by
the Chief Justice of India on a reference made to him by the Central Government in which such President,
the Chairperson or Member had been informed of the charges against him and given a r easonable
opportunity of being heard.
(3) The Central Government may, with the concurrence of the Chief Justice of India, suspend from
office, the President, the Chairperson or Member in respect of whom reference has been made to the Judge
of the Supreme Court under sub-section (2) until the Central Government has passed orders on receipt of
the report of the Judge of the Supreme Court on such reference.
(4) The Central Government shall, after consultation with the Supreme Court, make rules to regulate
the procedure for the inquiry on the ground of proved misbehaviour or incapacity referred to in sub-
section (2).
1[417A. Qualifications, terms and conditions of service of Chairperson and Member .—Notwithstanding
anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances,
resignation, removal and other terms and conditions of service of the Chairperson and other Members of
the Appellate Tribunal appointed after the commencement of 2[the Tribunals Reforms Act, 2021, shall be
governed by the provisions of Chapter II of the said Act]:
Related sections
- Section 407 — Definitions
- Section 408 — Constitution of National Company Law Tribunal
- Section 409 — Qualification of President and Members of Tribunal
- Section 410 — Constitution of Appellate Tribunal
- Section 411 — Qualifications of chairperson and Members of Appellate Tribunal
- Section 412 — Selection of Members of Tribunal and Appellate Tribunal
- Section 413 — Term of office of President, chairperson and other Members
- Section 414 — Sal ary, allowances and other terms and conditions of service of Members
- Section 415 — Acting President and Chairperson of Tribunal or Appellate Tribunal
- Section 416 — Resignation of Members
- Section 418 — Staff of Tribunal and Appellate Tribunal
- Section 419 — Benches of Tribunal
- Section 420 — Orders of Tribunal
- Section 421 — Appeal from orders of Tribunal
- Section 422 — Expeditious disposal by Tribunal and Appellate Tribunal
- Section 423 — Appeal to Supreme Court
- Section 424 — Procedure before Tribunal and Appellate Tribunal
- Section 425 — Power to punish for contempt
- Section 426 — Delegation of powers
- Section 427 — President, Members, officers, etc., to be public servants
- Section 428 — Protection of action taken in good faith
- Section 429 — Power to seek assistance of Chief Metropolitan Magistrate, etc
- Section 430 — Civil court not to have jurisdiction
- Section 431 — Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
- Section 432 — Right to legal rep resentation
- Section 433 — Limitation