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Section 46 : Qualifications for appointment of Chairperson and Members - The Real Estate (Regulation and Development) Act, 2016

What are the Qualifications for appointment of Chairperson and Members under section 46 of The Real Estate (Regulation and Development Act, 2016). Qualifications for appointment of Chairperson and Members is defined under Section 46 of the Act. Provisions under Section 46 are:

Section 46 "Qualifications for appointment of Chairperson and Members" - The Real Estate (Regulation and Development Act, 2016)

 

(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,-

(a) in the case of Chairperson, is or has been a Judge of a High Court; and

(b) in the case of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian 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 twenty years with experience in dealing with real estate matters; and

(c) 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 possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.

(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in consultation with the Chief Justice of High Court or his nominee.

(3) The judicial Members and Technical or Administrative Members of the Appellate 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 and in such manner as may be prescribed

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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