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Section 43 : Establishment of Real Estate Appellate Tribunal - The Real Estate (Regulation and Development) Act, 2016

What is the provision for Establishment of Real Estate Appellate Tribunal under section 43 of The Real Estate (Regulation and Development Act, 2016). Establishment of Real Estate Appellate Tribunal is defined under Section 43 of the Act. Provisions under Section 43 are:

Section 43 "Establishment of Real Estate Appellate Tribunal" - The Real Estate (Regulation and Development Act, 2016)

 

 (1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Appellate Tribunal to be known as the - (name of the State/Union territory) Real Estate Appellate Tribunal.

(2) The appropriate Government may, if it deems necessary, establish one or more benches of the Appellate Tribunal, for various jurisdictions, in the State or Union territory, as the case may be.

(3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one Administrative to Technical Member.

(4) The appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Appellate Tribunal:

Provided that, until the establishment of an Appellate Tribunal under this section, the appropriate Government shall designate, by order, any Appellate Tribunal Functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act:

Provided further that after the Appellate Tribunal under this section is established, all matters pending with the Appellate Tribunal designated to hear appeals, shall stand transferred to the Appellate Tribunal so established and shall be heard from the stage such appeal is transferred.

(5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter:

Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal at least thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.

Explanation.-For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.

The Real Estate (Regulation and Development) Act, 2016

CHAPTER VI
CENTRAL ADVISORY COUNCIL

Section 41 : Establishment of Central Advisory Council

Section 42 : Functions of Central Advisory Council

CHAPTER VII
THE REAL ESTATE APPELLATE TRIBUNAL

Section 43 : Establishment of Real Estate Appellate Tribunal

Section 44 : Application for settlement of disputes and appeals to Appellate Tribunal

Section 45 : Composition of Appellate Tribunal

 

 

Section 46 : Qualifications for appointment of Chairperson and Members

Section 47 : Term of office of Chairperson and Members

Section 48 : Salary and allowances payable to Chairperson and Members

Section 49 : Removal of Chairperson and Member from office in certain circumstances

Section 50 : Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office

 

 

Section 51 : Officers and other employees of Appellate Tribunal

Section 52 : Vacancies

Section 53 : Power of Tribunal

Section 54 : Administrative powers of Chairperson of Appellate Tribunal

Section 55 : Vacancies not to invalidate proceeding of Appellate Tribunal

 

 

Section 56 : Right to legal representation

Section 57 : Orders passed by Appellate Tribunal to be executable as a decree

Section 58 : Appeal to High Court

CHAPTER VIII
OFFENCES, PENALTIES AND ADJUDICATION

Section 59 : Punishment for non registration under section 3

Section 60 : Penalty for contravention of section 4

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