What is the procedure for Removal of Chairperson and Members from office in certain circumstances under section 26 of The Real Estate (Regulation and Development Act, 2016). Removal of Chairperson and Members from office in certain circumstances is defined under Section 26 of the Act. Provisions under Section 26 are:
(1) The appropriate Government may, in accordance with the procedure notified, remove from office the Chairperson or other Members, if the Chairperson or such other Member, as the case may be,-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, involving moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; 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 Member shall not be removed from his office on the ground specified under clause (d) or clause (e) of sub-section (1) except by an order made by the appropriate Government after an inquiry made by a Judge of the High Court in which such Chairperson or Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
The Real Estate (Regulation and Development) Act, 2016
Section 21 : Composition of Authority
Section 22: Qualifications of Chairperson and Members of Authority
Section 23 : Terms of office of Chairperson and Members
Section 24: Salary and Allowances payable to Chairperson and Members
Section 25 : Administrative powers of Chairperson
Section 26 : Removal of Chairperson and Members from office in certain circumstances
Section 27 : Restrictions on Chairperson or Members on employment after cessation of office
Section 28 : Officers and other employees of Authority
Section 29 : Meetings of Authority
Section 30 : Vacancies, etc., not to invalidate proceeding of Authority
Section 31 : Filing of complaints with the Authority or the adjudicating officer
Section 32 : Functions of Authority for promotion of real estate sector
Section 33 : Advocacy and awareness measures
Section 34 : Functions of Authority
Section 35 : Powers of Authority to call for information conduct investigations
Section 36 : Power to issue interim orders
Section 37 : Powers of Authority to issue directions
Section 38 : Powers of Authority
Section 39 : Rectification of orders
Section 40 : Recovery of interest or penalty or compensation and enforcement of order, etc