RERA ACT – CHAPTER VII-Section 49 – Removal of Chairperson and Member from office in certain circumstances
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- RERA ACT – CHAPTER VII-Section 49 – Removal of Chairperson and Member from office in certain circumstances
An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto.
(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 beenconvicted 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 soabused 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).