Section 46 of RERA outlines eligibility criteria for Appellate Tribunal members, emphasizing legal, judicial, technical, and administrative expertise. Uncover its significance and practical implications.
Introduction
The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, has been a game-changer in India’s real estate sector. Among its various provisions, Chapter VII specifically deals with the Real Estate Appellate Tribunal.
In this blog post, we delve into Section 46 of RERA, which lays down the qualifications essential for the appointment of the Chairperson and Members of the Appellate Tribunal. We will simplify this legal provision, discuss its implications, and provide answers to frequently asked questions.
Understanding Section 46
Section 46 of RERA outlines the prerequisites that candidates must meet to serve as the Chairperson or a Member of the Real Estate Appellate Tribunal. Let’s break down this provision into its key components:
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Chairperson Qualifications
(a) Judicial Background: The Chairperson must be or have been a Judge of a High Court. This ensures that the person entrusted with this pivotal role possesses a deep understanding of legal matters and judicial processes.
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Judicial Member Qualifications
(b) Judicial Experience: In the case of a Judicial Member, they should have served in a judicial capacity within India for a minimum of fifteen years. Alternatively, they can be a member of the Indian Legal Service and have held the post of Additional Secretary or an equivalent position. This requirement ensures that Judicial Members are well-versed in legal intricacies, especially pertaining to real estate.
(c) Advocate Expertise: Another route to qualification as a Judicial Member is being an advocate for at least twenty years with substantial experience in handling real estate matters. This provision acknowledges the significance of practical legal expertise in real estate disputes.
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Technical or Administrative Member Qualifications
(c) Diverse Expertise: For Technical or Administrative Members, the eligibility criteria are broad. These members should possess substantial knowledge in fields like urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs, or administration. Their experience in these areas should span at least twenty years.
(d) Government Experience: Alternatively, a Technical or Administrative Member may have held a post in the Central or State Government equivalent to the rank of Additional Secretary in the Government of India or an equivalent position in a State Government. This provision ensures that individuals with extensive government service, who are familiar with the intricacies of policy-making, are eligible.
Appointment Procedure
The Chairperson of the Appellate Tribunal is appointed by the appropriate Government in consultation with the Chief Justice of the High Court or their nominee. This ensures a balanced and impartial selection process for the Tribunal’s head.
The appointment of Judicial Members and Technical or Administrative Members is carried out by the appropriate Government, relying on the recommendations of a Selection Committee. This committee comprises the Chief Justice of the High Court or their nominee, the Secretary of the Housing Department, and the Law Secretary.
Why Section 46 of RERA Matters?
Section 46 of RERA serves several critical purposes:
Ensuring Expertise: By stipulating stringent qualifications, it guarantees that individuals entrusted with the responsibilities of the Appellate Tribunal are well-versed in relevant fields. This expertise is essential for fair and informed decision-making.
Impartiality: The involvement of the Chief Justice of the High Court or their nominee in the appointment process adds a layer of impartiality, reducing the chances of bias.
Legal Clarity: The provision brings transparency and clarity to the selection process, reducing ambiguity and potential disputes regarding the eligibility of Tribunal members.
Consumer Protection: Ultimately, Section 46 reinforces RERA’s core objective of safeguarding the rights and interests of homebuyers by ensuring that the Tribunal consists of competent and qualified individuals.
Conclusion
Section 46 of RERA is a pivotal provision that ensures that the Real Estate Appellate Tribunal is staffed with qualified individuals possessing expertise in law, real estate, and related fields. This careful selection process promotes fairness, impartiality, and consumer protection in the realm of real estate disputes. By understanding the qualifications mandated by this section, stakeholders in the real estate sector can appreciate the commitment of RERA to transparency and accountability.
FAQs
What is the significance of Section 46 in RERA?
Section 46 lays down the qualifications required for individuals to serve as Chairperson or Members of the Real Estate Appellate Tribunal. It ensures that those handling real estate disputes have the necessary expertise and experience.
Can a practising advocate become a Judicial Member of the Appellate Tribunal?
Yes, a practising advocate with at least twenty years of experience in real estate matters can qualify as a Judicial Member of the Tribunal under Section 46(b) of RERA.
How are Appellate Tribunal members appointed?
The Chairperson is appointed by the appropriate Government in consultation with the Chief Justice of the High Court or their nominee. Judicial and Technical/Administrative Members are appointed based on recommendations from a Selection Committee comprising key officials.
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