Section 49
Section 49 of the Real Estate (Regulation And Development ) Act, 2016. 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;
(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). Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office.
Section 49, The Real Estate (Regulation And Development ) Act, 2016 (Act 17 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 49
How do I find court cases under Section 49 of the Real Estate (Regulation And Development ) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Real Estate (Regulation And Development ) Act 49, section 49 Real Estate (Regulation And Development ) Act, section 49 of the Real Estate (Regulation And Development ) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 49 of the Real Estate (Regulation And Development ) Act, and has it changed?
2 other provisions in this corpus refer back to it.
When was the Real Estate (Regulation And Development ) Act enacted?
Real Estate (Regulation And Development ) Act was enacted in 2016 as Act 17 of 2016. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/9eb16613-5e29-449e-8359-e377da79b39b.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/868d2b99-c389-41e8-ade9-81d4d598cd59/content). This page is not a substitute for legal advice.