Sections 22 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 22 to 24 say who can be the Chairperson or a Member of the Real Estate Regulatory Authority, how long they serve, and what protects their pay and tenure. The headline numbers are twenty years of professional experience for the Chairperson and fifteen years for a Member, a term of up to five years or age sixty-five, whichever is earlier, and no re-appointment. If you need to understand who decides your case, our legal consultation service can explain how the Authority is composed.
The Chairperson and Members are appointed by the appropriate Government on the recommendation of a Selection Committee (Chief Justice of the High Court or his nominee, the Housing Secretary and the Law Secretary), from persons with at least twenty years (Chairperson) or fifteen years (Member) of experience in listed fields (22). The term is not more than five years or until age sixty-five, whichever is earlier, with no re-appointment (23(1)). Salary and terms are as prescribed and cannot be varied to their disadvantage during tenure (24(1)). A vacancy must be filled within three months (24(3)).
At a glance
| Section | Subject | Key numbers |
|---|---|---|
| 22 | Selection and qualifications | Selection Committee of three; 20 years (Chairperson), 15 years (Member) |
| 23(1) | Term | Not more than 5 years, or age 65, whichever is earlier; no re-appointment |
| 23(2) | Conflict of interest check before appointment | Appropriate Government must be satisfied |
| 24(1) | Salary and terms | As prescribed; not to be varied to disadvantage during tenure |
| 24(2) | Resignation and removal | 3 months' written notice; removal under section 26 |
| 24(3) | Vacancy | To be filled within 3 months |
Section 22: who selects and who qualifies
"The Chairperson and other Members of the Authority shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department dealing with Housing and the Law Secretary, in such manner as may be prescribed."
The Committee has three members. The manner of selection is "prescribed", meaning the State rules fix the procedure, and it differs by State.
Experience required
Appointment is "from amongst persons having adequate knowledge of and professional experience of at-least twenty years in case of the Chairperson and fifteen years in the case of the Members" in:
| Listed field |
|---|
| Urban development, housing, real estate development, infrastructure |
| Economics, technical experts from relevant fields, planning |
| Law, commerce, accountancy, industry, management |
| Social service, public affairs or administration |
The list is wide, so a lawyer, a chartered accountant, a town planner or a retired administrator can qualify, if the years of experience are met. The text says "adequate knowledge of and professional experience" for the stated years; it does not say whether the experience must be continuous or in one field.
Two provisos on State Government officers
| Role | Rule |
|---|---|
| Chairperson | A person who is, or has been, in the service of the State Government shall not be appointed unless he has held the post of Additional Secretary to the Central Government or any equivalent post in the Central Government or State Government |
| Member | A person who is, or has been, in the service of the State Government shall not be appointed unless he has held the post of Secretary to the State Government or any equivalent post in the State Government or Central Government |
These provisos set a seniority floor for State service officers. They do not apply to people from outside State service, such as a retired judge or a practising professional. Note that the Chairperson's floor is expressed as Additional Secretary to the Central Government and the Member's as Secretary to the State Government; the text sets both as printed.
Example. A retired State Government officer who last held the post of Joint Secretary in the State cannot be appointed Chairperson under the first proviso, since that post is not Additional Secretary to the Central Government or an equivalent; whether the post is "equivalent" is a question of fact for the Selection Committee.
Section 23: term of office
23(1): five years or age sixty-five
"The Chairperson and Members shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be eligible for re-appointment."
| Rule | Detail |
|---|---|
| Maximum term | Five years from entering office |
| Age limit | Sixty-five years |
| Which applies | Whichever is earlier |
| Re-appointment | Not eligible |
The text speaks of "a term not exceeding five years", so the Government can fix a shorter term; the five years is a ceiling. "Shall not be eligible for re-appointment" is absolute as printed. The text does not say whether a Member can later be appointed as Chairperson; it does not address that case.
Example. A Member appointed at sixty-three enters office on 1 April. Five years would take him to sixty-eight, but he attains sixty-five first, so his term ends at sixty-five.
23(2): a conflict-of-interest check
"Before appointing any person as a Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such Member." The same ground appears as a ground for removal in section 26(1)(d); see sections 25 to 28.
Section 24: salary, resignation and vacancies
24(1): salary protected
"The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure." The figures are in the State rules, not the Act; they differ by State, and this article gives none.
24(2): leaving office early
"Notwithstanding anything contained in sub-sections (1) and (2) of section 23", the Chairperson or Member may:
- (a) relinquish his office by giving in writing, to the appropriate Government, notice of not less than three months; or
- (b) be removed from office in accordance with section 26.
The reference to "sub-sections (1) and (2) of section 23" is as printed; the notice period of three months is a minimum. The text does not say whether the Government may accept a shorter notice.
24(3): filling vacancies
"Any vacancy caused to the office of the Chairperson or any other Member shall be filled-up within a period of three months from the date on which such vacancy occurs." The text does not state a consequence if the three months pass. Section 30 protects the Authority's acts from invalidity merely because of a vacancy; see our article on sections 29 and 30.
What these sections do not say
- No salary figure, allowance or service terms.
- No qualification other than years of experience and the officer provisos.
- No consequence if a vacancy stays unfilled beyond three months.
- No separate rule for acting Chairperson; section 29(2) deals with presiding at a meeting.
See also sections 20 and 21 on establishment and composition.
Need to understand who sits on the Authority?
If a decision is challenged on the ground that the Authority was not properly constituted, the qualification, term and vacancy rules above are the starting point, together with section 30. Our legal consultation team can review the appointment and tell you whether the point is worth raising.
Key takeaways
- Appointment is by the appropriate Government on a three-member Selection Committee's recommendation.
- The Chairperson needs at least twenty years, a Member fifteen years, of professional experience in listed fields.
- State Government officers need a stated seniority (Additional Secretary to the Centre for Chairperson; Secretary to the State for Member).
- The term is up to five years or age sixty-five, whichever is earlier, with no re-appointment.
- Salary is prescribed and cannot be varied to disadvantage; vacancies are to be filled within three months.
Read next
- Sections 25 to 28: Chairperson's powers, removal, restrictions and officers
- Sections 20 and 21: establishment and composition of the Authority
- RERA Authority and Appellate Tribunal
- Appearing before the RERA Authority: homebuyer complaints
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.