AAP Tax Law

RERA 2016 / CHAPTER VII / APPELLATE TRIBUNAL

Section 49 of RERA, 2016: Removal of Appellate Tribunal Chairperson and Members

Section 49 of the Real Estate (Regulation and Development) Act, 2016 specifies the grounds on which the Chairperson, a Judicial Member or a Technical or Administrative Member of the Real Estate Appellate Tribunal may be removed. It also prescribes safeguards, including consultation with the Chief Justice of the High Court, an inquiry by a High Court Judge, notice of charges and a reasonable opportunity to be heard.

Section 49(1): Grounds for removal

Under Section 49(1), the appropriate Government may, in consultation with the Chief Justice of the High Court, remove the Chairperson or a Judicial, Technical or Administrative Member of the Appellate Tribunal on any of the following statutory grounds:

  1. Insolvency - clause (a): The office-holder has been adjudged insolvent.
  2. Conviction involving moral turpitude - clause (b): The office-holder has been convicted of an offence which, in the opinion of the appropriate Government, involves moral turpitude. The term generally concerns conduct contrary to accepted standards of honesty, morality or integrity; its application depends on the offence and circumstances.
  3. Incapacity - clause (c): The office-holder has become physically or mentally incapable.
  4. Conflicting interest - clause (d): The office-holder has acquired a financial or other interest likely to prejudice the performance of official functions.
  5. Abuse of position - clause (e): The office-holder has abused the position to such an extent that continued service would be prejudicial to the public interest.

The existence of an allegation alone is not equivalent to a finding that a statutory ground is established. The safeguards in subsection (2) must also be observed before removal.

Section 49(2): High Court Judge's inquiry and right to be heard

The Chairperson or a Judicial, Technical or Administrative Member cannot be removed except by an order of the appropriate Government following an inquiry conducted by a Judge of the High Court. During that inquiry, the person concerned must be informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

This requirement incorporates procedural fairness: the charges must be made known, and the affected office-holder must have a meaningful opportunity to respond. The statutory inquiry is distinct from an informal complaint or a preliminary administrative assessment. Consultation with the Chief Justice under subsection (1) does not dispense with the inquiry and hearing prescribed by subsection (2).

Section 49(3): Suspension pending inquiry

Where a reference has been made to a Judge of the High Court to conduct an inquiry under subsection (2), the appropriate Government may suspend the Chairperson or Member concerned from office pending its decision on the Judge's inquiry report. The power is discretionary and relates to the period before the Government makes an order after receiving that report.

Suspension is not removal: it is an interim measure while the inquiry and decision-making process is pending. It does not, by itself, determine whether a charge has been proved.

Section 49(4): Rules governing the inquiry

Section 49(4) empowers the appropriate Government to regulate the inquiry procedure by rules. The applicable Central, State or Union Territory rules, as the case may be, should be checked for the prescribed procedural details. The statutory requirements of a High Court Judge's inquiry, communication of charges and reasonable hearing remain important.

How Section 49 relates to other RERA provisions

Section 45 addresses the composition of the Appellate Tribunal, while Section 46 sets out eligibility and appointment requirements. Section 47 deals with tenure and conflicts of interest before appointment. Section 48(2) permits relinquishment of office on the required written notice and expressly refers to removal under Section 49. Section 52 concerns vacancies and Section 55 concerns the effect of vacancies on Tribunal proceedings.

Official statute and procedural sources

For the enacted legislation and available amendments, consult India Code. For national policy and RERA-related resources, consult the Ministry of Housing and Urban Affairs. The relevant Government's official gazette and notified RERA rules should be consulted to identify the rules governing an inquiry in a particular jurisdiction.

This article explains Section 49 of the central Act. Any particular removal or suspension must be assessed against the statutory conditions, applicable rules and current binding judicial decisions.