CHAPTER XI - REAL ESTATE APPELLATE TRIBUNAL

No: DOH 109KHB2017 Karnataka Government Secretariat VikasaSoudha, Bangalore, Dated: 10-07-2017

NOTIFICATION - Whereas the draft of the Karnataka Real Estate (Regulation and Development) Rules, 2016 was published vide Government Order No. DOH 128 KHB 2016, dated: 24th October, 2016, in part I of the Karnataka Gazette ( Extra Ordinary Number 1193), dated 24th October, 2016 inviting suggestions from all persons likely to be affected thereby within fifteen days from the date of its publication in the Official Gazette And whereas, the said Gazette was made available to public on 24th October, 2016And whereas, suggestions have been received and considered by the State Government And whereas, the Government of India vide S.O No.3347, dated 28thOctober 2016 had made the order for removing certain difficulties in implementing the provisions of the Act

Rule 34 - Procedure for inquiry of the charges against the Chairperson or Member of the Regulatory Authority or the Appellate Tribunal

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(1) In the event of the Housing Department of Government of Karnataka becoming aware of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of section 26, in case of a Chairperson or Member of the Regulatory Authority or as specified under sub-section (1) of section 49 in case of a Chairperson or Member of the Appellate Tribunal, by receipt of a complaint in this regard or suomotu, as the case may bethe Housing Department of Government of Karnataka shall make a preliminary inquiry with respect to such charges against the Chairperson or any Member of the regulatory authority or Appellate Tribunal, as the case maybe

(2) If, on preliminary inquiry, the Housing Department of Government of Karnataka considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before a Judge of the High Court designated for this purpose by the Chief Justice of the High Court (hereinafter referred to as the designatedJudge0

(3) The Housing Department of Government of Karnataka shall forward to the designated Judge, copiesof:-

(a) the statement of charges against the Chairperson or Member of the regulatory authority or Appellate Tribunal, as the case may be;and

(b) material documents relevant to theinquiry.

(4) The Chairperson or Member of the Regulatory Authority or Appellate Tribunal, as the case may be, shall be given a reasonable opportunity of being heard with respect to the charges within the time period as may be specified in this behalf by the designatedJudge

(5) Where it is alleged that the Chairperson or Member of the Regulatory Authority and Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the designated Judge may arrange for the medical examination of the Chairperson or Member of the Appellate Tribunal or the RegulatoryAuthority

(6) After the conclusion of the investigation, the Judge shall submit his report to the appropriate Government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinksfit

(7) Thereafter, the State Government shall in consultation with the Chief Justice of the High Court Karnataka decide to either remove or not to remove the Chairperson or Member of the Regulatory Authority or Appellate Tribunal, as the case maybe

 

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