Section 28 of RERA 2016: Officers and Other Employees of the Real Estate Regulatory Authority

Section 28 of the Real Estate (Regulation and Development) Act, 2016 provides for the appointment of officers and employees needed for the efficient functioning of the Real Estate Regulatory Authority. It also governs their supervision and service conditions.

Key rule: The appropriate Government may appoint necessary officers and employees in consultation with the Authority. They work under the general superintendence of the Chairperson, and their salaries, allowances and other service conditions are prescribed by rules.

Who appoints the officers and employees under Section 28(1)?

Section 28(1) empowers the appropriate Government to appoint such officers and employees as it considers necessary for the efficient discharge of the Authority's statutory functions. The appointment is to be made in consultation with the Authority. This provision does not prescribe a fixed number of staff or a uniform recruitment procedure for all jurisdictions.

The term appropriate Government is defined by Section 2(g) of the Act, with responsibility allocated to the Central Government or the relevant State Government according to the territory and statutory circumstances. The Authority is the Real Estate Regulatory Authority established under Section 20.

Role of the Chairperson

Appointed officers and employees discharge their functions under the general superintendence of the Chairperson. Section 25 separately gives the Chairperson general superintendence and direction over the Authority's affairs and the prescribed administrative powers and functions. These provisions should be read together without treating the Chairperson as the appointing Government under Section 28.

Salary, allowances and other service conditions: Section 28(2)

Section 28(2) states that salary, allowances and other terms and conditions of service for the officers and employees appointed under Section 28(1) are to be as prescribed. Under Section 2(zg), prescribed means prescribed by rules made under the Act. Applicable Central or State rules, as appropriate, therefore need to be consulted for detailed pay scales, recruitment and service requirements.

Full text of Section 28 - Officers and other employees of Authority

(1) The appropriate Government may, in consultation with the Authority appoint such officers and employees as it considers necessary for the efficient discharge of their functions under this Act who would discharge their functions under the general superintendence of the Chairperson.

(2) The salary and allowances payable to, and the other terms and conditions of service of, the officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be prescribed.

Sections 21 and 22 address the composition and qualifications of the Chairperson and Members. Section 25 covers the Chairperson's administrative powers; Section 29 governs meetings; and Section 34 specifies functions of the Authority.

Official law and rules

Consult India Code for the Real Estate (Regulation and Development) Act, 2016 and the Ministry of Housing and Urban Affairs for central RERA information. The applicable Government Gazette and official State or Union Territory RERA website should be checked for the particular rules, service conditions and notifications.

The detailed service arrangements may differ across jurisdictions because Section 28 leaves service conditions to the applicable rules.