Section 46: Qualifications and appointment of RERA Appellate Tribunal Chairperson and Members
Section 46 of the Real Estate (Regulation and Development) Act, 2016 prescribes who is eligible to serve as Chairperson, Judicial Member, or Technical or Administrative Member of the Real Estate Appellate Tribunal, and how appointments are made.
Section 46(1): Qualifications for appointment
A person cannot be appointed to the specified Tribunal office unless the applicable statutory qualification is satisfied. The eligibility criteria vary according to the position.
Section 46(1)(a): Chairperson
The Chairperson must be a person who is or has been a Judge of a High Court. General experience in legal practice or administration alone does not replace this statutory requirement.
Section 46(1)(b): Judicial Member
A Judicial Member must meet at least one of the following alternative qualifications:
- Have held a judicial office in India for at least 15 years; or
- Have been a member of the Indian Legal Service and held the post of Additional Secretary in that service or an equivalent post; or
- Have been an advocate for at least 20 years, with experience in dealing with real estate matters.
The statutory alternatives should be read separately: the 20-year requirement applies to the advocate route, while the 15-year requirement applies to the judicial-office route.
Section 46(1)(c): Technical or Administrative Member
The candidate must be well-versed in one or more of the fields specified by the Act: urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration. In addition, the candidate must either possess at least 20 years of experience in the field or have held a qualifying post in the Central or a State Government equivalent to Additional Secretary to the Government of India, or an equivalent post as described in the provision.
| Tribunal office | Statutory eligibility |
|---|---|
| Chairperson | Serving or former High Court Judge |
| Judicial Member | 15 years in judicial office; or qualifying Indian Legal Service post; or 20 years as an advocate with real estate experience |
| Technical / Administrative Member | Knowledge of a specified field plus 20 years of experience, or qualifying senior government post |
How are the Chairperson and Members appointed?
Section 46(2): Appointment of Chairperson
The appropriate Government appoints the Chairperson in consultation with the Chief Justice of the High Court or the Chief Justice's nominee. The term “appropriate Government” is defined in Section 2(g) of the Act and depends on the territorial and governmental context of the project and administration concerned.
Section 46(3): Appointment of Judicial and Technical or Administrative Members
The appropriate Government appoints Judicial Members and Technical or Administrative Members on the recommendation of a Selection Committee. Under the Act, the Committee consists of:
- The Chief Justice of the High Court or the Chief Justice's nominee;
- The Secretary of the department handling housing; and
- The Law Secretary.
Appointments are made in the manner prescribed by the applicable rules. The Act distinguishes this selection-committee process from the consultation required for appointment of the Chairperson.
How Section 46 fits within the RERA framework
Section 45 provides for the Tribunal's composition: a Chairperson and at least two whole-time Members, including a Judicial Member and a Technical or Administrative Member. Section 46 supplies the qualifications and appointment procedures for those offices.
Section 43 deals with establishment of the Appellate Tribunal and appeal eligibility. Section 44 addresses appeals and procedure. Section 47 separately governs the term of office. State or Union Territory rules and relevant binding judicial decisions should also be checked when considering a particular appointment.
Frequently asked questions
Can an advocate become Chairperson of the RERA Appellate Tribunal?
Not on the basis of advocacy experience alone. Section 46(1)(a) requires the Chairperson to be a serving or former High Court Judge.
Can an advocate become a Judicial Member?
Yes, if the advocate has at least 20 years of practice and experience in real estate matters, subject to the applicable selection process and other governing legal requirements.
Is 20 years of experience compulsory for every Technical or Administrative Member?
Section 46(1)(c) also provides an alternative based on having held the specified equivalent senior government post. The precise statutory conditions and applicable rules must be satisfied.
Who recommends appointment of Judicial Members?
The Selection Committee described in Section 46(3), which includes the Chief Justice of the High Court or nominee, the Housing Department Secretary and the Law Secretary.
Official legal resources
- India Code — official central legislation database
- Ministry of Housing and Urban Affairs
- Gazette of India — notifications and rules
This article explains the text of Section 46 of the 2016 Act. For a particular appointment or dispute, consult the latest applicable rules, notifications and judicial decisions, including any binding developments affecting tribunal appointments.