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THE REAL ESTATE APPELLATE TRIBUNAL

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 23-7-2016 - Chapter VII of the Real Estate (Regulation and Development) Act, 2016 (Act for short) deals with the constitution of ( Tribunal for short), functions and powers of the Tribunal. Establishment of Tribunal Section 43 of the Act provides that the appropriate Government within 30.04.2017 shall establish an Appellate Tribunal to be known as (name of the State/Union Territory) Real Estate Appellate Tribunal, by notification. The appropriat .....

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l to hear appeals under the Act. After the Tribunal is established, all matters pending with the Appellate Tribunal designated, shall stand transferred to the Tribunal so established and shall be heard from the stage such appeal is transferred. Members of the Tribunal Every bench of the Tribunal shall consist of at least one Judicial Member and one Administrative or Technical Member. Section 45 provides that the Tribunal shall consist of a Chairperson and not less than two whole time Members of .....

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ian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least 20 years with experience in dealing with real estate matters; and in the case of a Technical or Administrative Member, he is a person who is well versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possess exper .....

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the Judicial Members and Technical or Administrative Members of the Tribunal 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 handling Housing and the Law Secretary in such manner as may be prescribed. Section 47(2) provides that before appointing as Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have a .....

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he age of 67 years. No Judicial Member or Technical or Administrative Member shall hold office after he has attained the age of 65 years. Vacancy The Chairperson or a Member may relinquish his office by giving in writing to the appropriate Government a notice of not less than 3 months. Section 49 provides that the appropriate Government may, in consultation with the Chief Justice of the High Court remove from the office of the Chairperson or any Judicial Member or Technical or Administrative of .....

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inquiry made by the Judge of the High Court in which such Chairperson or Judicial Member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. The appropriate Government may suspend from the office of the Chairperson or any other Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the High Court until the appropriate Government passes an order on re .....

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provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. Restrictions Section 50 provides that the Chairperson or any other member ceasing to hold office as such shall not- accept any employment in, or connected with, the management or administration of, any person or organization which has been associated with any work under this Act, from the date on which he ceases to hold office; act, for or on behalf .....

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ract of service with, or accept an appointment to be 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. The Chairperson or any other Member 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. Procedure for appeal Section 43(5) provides that any person aggrieved by any direction or decision or .....

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may be, before the appeal is heard. Section 44 provides that the appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority of the Adjudicating Officer may prefer an appeal to the Tribunal within a period of 60 days from the date on which a copy of the direction or order or decision made by the Authority or the Adjudicating Officer is received by the appropriate Government or the competent authority or the aggrieved persona an .....

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the appeal within a period of 60 days from the date of receipt of appeal. If the appeal could not be disposed within 60 days, the Tribunal shall record the reasons in writing for not disposing of the appeal within that period. The Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as .....

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nd examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavits; issuing commission for the examination of witnesses or documents; reviewing its decisions; dismissing an application for default or directing it ex-parte; and any other matter which may be prescribed. No act or proceeding of the Tribunal shall be invalid merely by reason of- any vacancy in, or any defect in the constitution of the Tribunal; or any defect in the appointment of a person .....

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