Section 49 : Removal of Chairperson and Member from office in certain circumstances - The Real Estate (Regulation and Development) Act, 2016

What is the procedure for Removal of Chairperson and Member from office in certain circumstances under section 49 of The Real Estate (Regulation and Development Act, 2016). Removal of Chairperson and Member from office in certain circumstances is defined under Section 49 of the Act. Provisions under Section 49 are:

 

 

Section 49 "Removal of Chairperson and Member from office in certain circumstances" - The Real Estate (Regulation and Development Act, 2016)

(1) The appropriate Government may, in consultation with the Chief Justice of the High Court, remove from office of the Chairperson or any judicial Member or Technical or Administrative 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 appropriate Government involves moral turpitude; or

(c) has become physically or mentally incapable; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

(2) The Chairperson or Judicial member or Technical or Administrative Member shall not be removed from his office except by an order made by the appropriate Government after an inquiry made by the Judge of the High Court in which such Chairperson or Judicial member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(3) The appropriate Government may suspend from the office of the Chairperson or Judicial member or Technical or Administrative 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 appropriate Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference.

(4) The appropriate Government may, by rules, regulate the procedure for inquiry
referred to in sub-section (2).

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