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Section 23: Term of office of Chairperson and Members

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

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Section 22 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 24

Legal Commentary & Landmark Judgments: Section 23

Section 23 establishes the term of office, age limits, and post-tenure commercial restrictions for the Chairperson and Members of the Regulatory Authority.

  • Five-Year Tenure: Chairperson and Members hold office for a term not exceeding 5 years from the date of assumption of office.
  • Age Ceiling: Chairperson cannot hold office past 65 years of age; Members cannot serve past 65 years.
  • Reappointment Bar: Chairperson and Members are strictly ineligible for reappointment to the same position.
  • Two-Year Cooling-Off Period: Barred from accepting employment in any real estate entity or appearing before the Authority for 2 years following retirement.
Key Landmark Precedents:
  • Union of India v. R. Gandhi, (2010) 11 SCC 1: The Supreme Court highlighted that statutory age bars and strict cooling-off periods are critical to prevent regulatory capture and maintain judicial impartiality.
  • P. Venugopal v. Union of India, (2008) 5 SCC 1: Affirmed that fixed statutory tenures cannot be prematurely truncated by executive fiat without following statutory removal proceedings.
Courtroom Practice & Strategic Litigation Guidance:

Check the gazette appointment date of the adjudicating Member to ensure orders are not passed coram non judice past the statutory 5-year or 65-year age limitation.

Section 22 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 24