Section 27 of The Real Estate (Regulation and Development) Act, 2016. in hindi
- (1)The Chairperson or a Member, ceasing to hold office as such, shall not—
- (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: Provided that nothing contained in this clause shall apply to any 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 (18 of 2013), which is not a promoter as per the provisions of this Act;
- (b)act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or such Member had, before cessation of office, acted for or provided advice to the Authority;
- (c)give advice to any person using information which was obtained in his capacity as the Chairperson or a Member and being unavailable to or not being able to 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 of office as such.
- (2)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.
Summary
- People leaving the Real Estate Authority cannot immediately take jobs with companies they used to oversee.
- They are barred from working for any person or group that was connected to work under this law.
- Former members cannot represent clients in cases where the Authority is currently a party.
- It is illegal for them to use secret information from their time in office to give private advice.
- They cannot join the board of directors of a firm they had significant official dealings with.
- Working for the government or a public corporation is still allowed as long as that group is not a promoter.
Practical examples
FAQ
1. Can a former member work for the government under The Real Estate (Regulation and Development) Act, 2016, Section 27?
Yes, Section 27 of the Real Estate Act allows former members to work for a local authority or a government company as long as that entity is not a promoter.
2. Does Section 27 of the Real Estate Act stop a member from giving advice based on their experience?
It specifically stops them from using information that was obtained in their official role and is not available to the public, as per Section 27 of the Real Estate Act.
3. Can a former Chairperson join a private board of directors under Section 27 of the Real Estate Act?
No, Section 27 of the Real Estate Act forbids them from accepting a board seat at an entity they had significant official dealings with while in office.
Test yourself
Q1.According to Section 27 of The Real Estate (Regulation and Development) Act, 2016, what type of information are former members forbidden from using to give advice?
Q2.Under Section 27 of The Real Estate (Regulation and Development) Act, 2016, which employer is a former member allowed to join?
Q3.If a Chairperson had significant official dealings with a firm, what does Section 27 of The Real Estate (Regulation and Development) Act, 2016, prohibit?
Q4.Under Section 27 of The Real Estate (Regulation and Development) Act, 2016, a former member cannot act on behalf of an organization in a case where the Authority is a: