THE REAL ESTATE REGULATORY AUTHORITYCentral

Section 30 of The Real Estate (Regulation and Development) Act, 2016.

No act or proceeding of the Authority shall be invalid merely by reason of—

(a)any vacancy in, or any defect in the constitution of, the Authority; or
(b)any defect in the appointment of a person acting as a Member of the Authority; or
(c)any irregularity in the procedure of the Authority not affecting the merits of the case.

Summary

A decision made by the Authority is not canceled just because there is an empty seat.
If a member was appointed with a legal flaw, their past official actions remain valid.
Minor mistakes in the way a meeting was handled do not make the outcome invalid.
These rules apply as long as the procedural mistake did not affect the fairness or facts of the case.
This ensures that the Authority's work can continue even during staff changes or minor errors.

Practical examples

1The Authority passes an order against a builder while one member position is vacant. The builder tries to ignore the order, but Section 30 ensures the decision is still legally binding despite the vacancy.

2It is discovered that a member's appointment paperwork had a small technical error. Under Section 30, all the votes that member cast before the error was found are still considered perfectly valid.

FAQ

1. Does a vacancy on the board stop the work of the Authority under The Real Estate (Regulation and Development) Act, 2016, Section 30?

No, Section 30 of the Real Estate Act clarifies that proceedings are not invalid just because there is a vacancy in the Authority.

2. What if a member was appointed incorrectly according to Section 30 of the Real Estate Act?

Section 30 of the Real Estate Act states that a defect in the appointment of a member does not invalidate the acts or proceedings of the Authority.

3. Can a procedural mistake ruin a case under Section 30 of the Real Estate Act?

Only if it affects the "merits of the case." According to Section 30 of the Real Estate Act, minor irregularities do not invalidate a proceeding.

Test yourself

Q1.Under Section 30 of The Real Estate (Regulation and Development) Act, 2016, which of these would normally invalidate an official act of the Authority?

Q2.According to Section 30 of The Real Estate (Regulation and Development) Act, 2016, the Authority can still function even if:

Q3.If a member who voted in a meeting under Section 29 was later found to have been appointed with a defect, what happens to that vote under Section 30 of The Real Estate (Regulation and Development) Act, 2016?

Q4.Under Section 30 of The Real Estate (Regulation and Development) Act, 2016, a "defect in the constitution" of the Authority:

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