Section 45 of RERA 2016: Composition of Real Estate Appellate Tribunal

Section 45 of the Real Estate (Regulation and Development) Act, 2016 (RERA) specifies the composition of the Real Estate Appellate Tribunal. It requires a Chairperson and at least two whole-time Members, combining judicial and technical or administrative expertise. Appointments are made by the appropriate Government.

Section 45: Composition of Appellate Tribunal

The Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the appropriate Government.
Explanation. For the purposes of this Chapter,—
(i) "Judicial Member" means a Member of the Appellate Tribunal appointed as such under clause (b) of sub-section (1) of section 46;
(ii) "Technical or Administrative Member" means a Member of the Appellate Tribunal appointed as such under clause (c) of sub-section (1) of section 46.

What does Section 45 require?

Chairperson and minimum membership

The Tribunal must have a Chairperson and not fewer than two whole-time Members. Of these Members, one must be a Judicial Member and another must be a Technical or Administrative Member. The statute specifies a minimum rather than an absolute maximum number of Members. The appropriate Government is responsible for their appointment under the Act.

Judicial Member

A Judicial Member is a Member appointed under Section 46(1)(b). The qualifications and statutory selection framework are governed by Section 46 and other applicable legal provisions; the description in Section 45 is a cross-reference, not an independent qualification test.

Technical or Administrative Member

A Technical or Administrative Member is a Member appointed under Section 46(1)(c). This position brings experience relevant to administration, infrastructure, housing, urban development and related fields, subject to the exact statutory eligibility conditions.

Section 43 governs establishment of the Appellate Tribunal and benches, including the separate bench-composition requirement under Section 43(3). Section 44 deals with appeals, including filing timelines and procedure. Section 46 sets qualifications for appointment, while Section 47 addresses terms of office. Section 45 concerns the Tribunal's institutional composition; it should not be confused with Section 43(3), which addresses the constitution of each bench.

Why the composition matters

RERA appeals may involve questions of statutory interpretation, contractual rights, project registration, allottee protections, compensation and regulatory compliance. The combination of judicial and technical or administrative Members is intended to support informed adjudication. For a specific appeal, verify the constitution and jurisdiction of the notified State or Union Territory Appellate Tribunal and any applicable orders concerning its benches.

Frequently asked questions

How many Members must the RERA Appellate Tribunal have?

Section 45 requires a Chairperson and at least two whole-time Members, including one Judicial Member and one Technical or Administrative Member.

Who appoints the Chairperson and Members?

The appropriate Government makes appointments under the Act, subject to applicable qualifications and procedures.

Does Section 45 set the qualifications for Members?

It identifies the categories of Members and cross-refers to Section 46(1)(b) and (c). The detailed qualifications are principally provided in Section 46.

Official resources

Read the Real Estate (Regulation and Development) Act, 2016 (India Code) and consult the Ministry of Housing and Urban Affairs. For actual appointments, tribunal benches, filing rules and notifications, consult the relevant State or Union Territory's official RERA and Appellate Tribunal portals.