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Provided that any law enacted by Parliament, to the
extent to which it alters the prescribed age after a person has been appointed
to hold or to act in the office of Magistrate, shall not have effect in relation
to that person unless he consents to that law having such effect.
Tribunal
procedure for
removal and
suspension.
255. (1) A person holding the office of Magistrate may be
removed from office only for inability to exercise the functions of his
office (whether arising from infirmity of body or mind or any other cause)
or for misbehaviour, and shall not be so removed except in accordance with
the provisions of this section.
(2) A Magistrate shall be removed from office by the
President if the question of his removal from office has been referred to a
tribunal appointed under subsection (3) of this section and the tribunal has
recommended to the President that the Magistrate ought to be removed for
inability to exercise the functions of his office as aforesaid, or for
misbehaviour.
(3) If the Attorney General or the Chairman of the Judicial
and Legal Services Commission represents to the President that the question
of removing a Magistrate from office under this section ought to be
investigated, then –
(a)
the President shall appoint a tribunal which shall
consist of a chairman and not less than two other
members, selected by the Chief Justice from
among persons who hold or have held office as a
judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in
appeals from such a court; and
the tribunal shall enquire into the matter and
report on the facts and circumstances thereof
to the President and shall recommend to him
(b)
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