Sections 25 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.
These four sections complete the rules on who runs the Authority. Section 25 gives the Chairperson general superintendence; section 26 lists five grounds for removing the Chairperson or a Member and requires a High Court Judge's inquiry for two of them; section 27 puts restrictions on what members may do after leaving office; section 28 provides for officers and employees. If you are concerned about the conduct of a member or a conflict of interest in your case, our legal consultation service can advise you.
The Chairperson has general superintendence and directions in the conduct of the Authority's affairs, and presides over meetings (25). The appropriate Government may remove the Chairperson or a Member on five grounds: insolvency, conviction for an offence involving moral turpitude, physical or mental incapacity, a prejudicial financial or other interest, or abuse of position. The last two need an inquiry by a Judge of the High Court with notice of charges and a reasonable hearing (26). After leaving office, members face four restrictions and a secrecy duty (27). Officers and employees are appointed by the appropriate Government in consultation with the Authority (28).
At a glance
| Section | Subject |
|---|---|
| 25 | Administrative powers of the Chairperson |
| 26 | Removal in five circumstances; inquiry by a High Court Judge for two |
| 27 | Restrictions on employment and conduct after leaving office; secrecy |
| 28 | Officers and employees; salary and terms as prescribed |
Section 25: the Chairperson's powers
"The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such administrative powers and functions of the Authority as may be prescribed."
| Power | Source |
|---|---|
| General superintendence and directions in the conduct of the Authority's affairs | Section 25 |
| Presiding over the Authority's meetings | Section 25; if absent, another Member chosen by the Members present presides (section 29(2)) |
| Administrative powers and functions | As prescribed by State rules |
Section 25 is about administration. It does not give the Chairperson a larger vote on decisions: under section 29(3) questions are decided by majority, with a second or casting vote for the Chairperson only in a tie. See our article on sections 29 and 30. The list of administrative powers is in the State rules and differs by State.
Section 26: removal of the Chairperson or a Member
26(1): five grounds
The appropriate Government may, "in accordance with the procedure notified", remove from office the Chairperson or other Members if he:
| Ground | Text |
|---|---|
| (a) | Has been adjudged as an insolvent |
| (b) | Has been convicted of an offence involving moral turpitude |
| (c) | Has become physically or mentally incapable of acting as a Member |
| (d) | Has acquired such financial or other interest as is likely to affect prejudicially his functions |
| (e) | Has so abused his position as to render his continuance in office prejudicial to the public interest |
The procedure is "notified", so the appropriate Government's notification fixes the steps for grounds (a) to (c); this differs by State. For the insolvency ground, note that the text says "adjudged as an insolvent"; it does not cross-refer to any particular insolvency law. See our guides on insolvency for the corporate side.
26(2): inquiry for grounds (d) and (e)
"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."
| Ground | Extra safeguard |
|---|---|
| (a), (b), (c) | Removal "in accordance with the procedure notified" |
| (d), (e) | An inquiry by a High Court Judge; charges communicated; reasonable hearing; then an order of the appropriate Government |
Example. A Member is alleged to hold shares in a developer that appears before the Authority. That falls under ground (d), so the Government cannot remove him by order alone: a High Court Judge must inquire, he must be told the charges and he must be heard.
The text does not say who may start the process, how long the inquiry may take, or whether the Member can be suspended meanwhile. Removal is also linked to resignation in section 24(2); see sections 22 to 24.
Section 27: after leaving office
27(1): four restrictions
A Chairperson or Member "ceasing to hold office as such" shall not:
| Clause | Restriction |
|---|---|
| (a) | Accept any employment in, or connected with, the management or administration of, any person or organisation which has been associated with any work under this Act, from the date on which he ceases to hold office |
| (b) | Act for or on behalf of any person or organisation in connection with any specific proceeding, transaction, negotiation or case to which the Authority is a party and on which he had, before cessation, acted for or advised the Authority |
| (c) | Give advice to any person using information obtained in his capacity as Chairperson or Member which was not available, or could not be made available, to the public |
| (d) | Enter into a contract of service with, or accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term |
The proviso to clause (a) exempts employment under the appropriate Government or a local authority, or in any statutory authority or any corporation established by or under any Central, State or provincial Act, or a Government Company as defined under clause (45) of section 2 of the Companies Act, 2013, which is not a promoter as per the Act. "Promoter" is defined in section 2(zk); see our article on that definition.
The text of clause (a) gives no time limit: the restriction runs "from the date on which he ceases to hold office" with no end date. (The text prints "borad of directors" in clause (d), a spelling slip.)
27(2): secrecy
"The Chairperson and Members shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as such." This is not stated to end when the office ends, and the text gives no exceptions.
The text does not state a penalty for breach of section 27. Check the general provisions of the Act.
Section 28: officers and employees
| Sub-section | Rule |
|---|---|
| 28(1) | The appropriate Government may, in consultation with the Authority, appoint such officers and employees as it considers necessary for the efficient discharge of the functions, who work under the general superintendence of the Chairperson |
| 28(2) | Salary, allowances and other terms of service of the officers and employees are as prescribed |
So the staff of the Authority are appointed by the Government, not by the Authority itself, though the Authority is consulted, and they report through the Chairperson. The terms are in the State rules, and differ by State. The text does not fix a number of staff.
What these sections do not say
- No time limit for the post-office restrictions in section 27.
- No penalty for breach of section 27.
- No procedure for the notified removal route under 26(1) beyond "in accordance with the procedure notified".
- No timeline for the High Court Judge's inquiry.
Need advice on a conflict of interest or the Authority's conduct?
Objections about a Member's interest or conduct need to be raised in the right form and at the right time. Our legal consultation team can examine the facts against section 26 and section 27 and advise whether and how to take the point up.
Key takeaways
- The Chairperson has general superintendence over the Authority's affairs and presides over meetings.
- Removal is possible on five grounds, and two of them (prejudicial interest, abuse of position) need a High Court Judge's inquiry with a hearing.
- After leaving office, members cannot take certain jobs, act in matters they handled, or use non-public information.
- A secrecy duty applies to matters considered by the member, and the text gives it no end date.
- Officers and employees are appointed by the Government in consultation with the Authority.
Read next
- Sections 29 and 30: meetings of the Authority and vacancies
- Sections 22 to 24: qualifications, term and salary
- Section 31: filing of complaints
- RERA Authority and Appellate Tribunal
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.