Section 41: Establishment of the Central Advisory Council under RERA
Section 41 of the Real Estate (Regulation and Development) Act, 2016 provides for the establishment and composition of the Central Advisory Council (CAC), a central-level body representing government institutions, regulators and stakeholders in the real estate sector.
What does Section 41 of the RERA Act provide?
Chapter VI of the Act deals with the Central Advisory Council. Section 41 contains four subsections:
Section 41(1): Establishment by notification
The Central Government may establish a body known as the Central Advisory Council by notification, with effect from the date specified in that notification. The provision supplies the legal basis for its constitution.
Section 41(2): Ex officio Chairperson
The Minister of the Government of India in charge of the Central Government ministry dealing with housing is the ex officio Chairperson. “Ex officio” means that the person holds this position by virtue of the ministerial office rather than by a separate appointment as Chairperson.
Section 41(3): Government and institutional representatives
The Council includes representatives from the Ministry of Finance; Ministry of Industry and Commerce; Ministry of Urban Development; Ministry of Consumer Affairs; Ministry of Corporate Affairs; Ministry of Law and Justice; NITI Aayog; National Housing Bank; Housing and Urban Development Corporation; five State Government representatives selected by rotation; and five representatives of Real Estate Regulatory Authorities selected by rotation. It also includes any other Central Government department notified for this purpose.
Section 41(4): Stakeholder representatives
The Council also includes not more than ten members representing the interests of the real estate industry, consumers, real estate agents, construction labourers, non-governmental organisations, and academic and research bodies in the real estate sector.
Composition of the Central Advisory Council at a glance
| Category | Representation under Section 41 |
|---|---|
| Chairperson | Union Minister in charge of the ministry dealing with housing (ex officio) |
| Central ministries and institutions | Specified ministries, NITI Aayog, NHB, HUDCO and any other notified Central Government department |
| State Governments | Five representatives, selected by rotation |
| Real Estate Regulatory Authorities | Five representatives, selected by rotation |
| Non-government stakeholders | Up to ten members drawn from the specified stakeholder interests |
The membership structure is intended to bring policy, regulatory, industry, consumer, labour and research perspectives into central-level consultation.
What is the role of the Central Advisory Council?
Section 41 establishes the Council and identifies its composition; its functions are specified separately in Section 42. Broadly, the Council advises and makes recommendations to the Central Government on implementation of the Act, major policy questions, consumer protection, growth and development of the real estate sector and other matters referred to it.
The Central Advisory Council should not be confused with a State or Union Territory Real Estate Regulatory Authority, which carries out regulatory functions and handles complaints under other provisions of RERA, or the Real Estate Appellate Tribunal under Chapter VII. Section 41 does not itself create an individual complaint or appeal procedure.
Frequently asked questions
Who establishes the Central Advisory Council?
The Central Government may establish it through a notification under Section 41(1).
Who chairs the Council?
The Union Minister in charge of the ministry dealing with housing acts as its ex officio Chairperson.
Are homebuyers and other stakeholders represented?
Section 41(4) provides for up to ten members representing specified interests, including consumers, real estate agents, construction labourers, NGOs and academic or research bodies, as well as the real estate industry.
Can the Council decide a buyer's complaint?
Section 41 does not confer a complaint-adjudication power on the Council. Complaint mechanisms under the Act are addressed in provisions such as Section 31.
Official statutory and government resources
- India Code — search the Real Estate (Regulation and Development) Act, 2016
- Ministry of Housing and Urban Affairs (MoHUA)
- e-Gazette of India — official notifications
Read Section 41 together with the current statutory text, applicable notifications and Section 42 for the Council's functions. Ministry names reflect the wording used in the Act; administrative names and allocations may change over time.