Real Estate (Regulation and Development) Act, 2016 | Chapter VII
Section 51: Officers and Other Employees of the Real Estate Appellate Tribunal
Section 51 of the Real Estate (Regulation and Development) Act, 2016 (RERA) governs the provision of officers and employees to the Real Estate Appellate Tribunal, their supervision and their service conditions. It places the responsibility for providing staff on the appropriate Government, while the Chairperson exercises general superintendence over their work.
Text of Section 51 of the RERA Act, 2016
Officers and other employees of Appellate Tribunal
(1) The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson.
(3) The salary and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed.
Meaning and explanation of Section 51
1. Provision of officers and employees - subsection (1)
The appropriate Government must provide the Appellate Tribunal with the officers and employees it considers necessary. Under Section 2(g) of RERA, the appropriate Government generally means the Central Government for Union territories without a legislature and the relevant State or Union territory Government in other cases, subject to the precise statutory definition. Section 51 does not itself fix a particular number of posts or prescribe individual recruitment procedures.
2. Supervision by the Chairperson - subsection (2)
Tribunal officers and employees perform their functions under the general superintendence of the Chairperson. This establishes administrative oversight for the Tribunal's staff. Section 54 separately addresses the Chairperson's general superintendence, direction and prescribed administrative powers in conducting the Tribunal's affairs.
3. Salary, allowances and service conditions - subsection (3)
Pay, allowances and other terms and conditions of service are to be prescribed, meaning specified by rules made under the Act. Section 2(zg) defines "prescribed" by reference to rules made under RERA. The applicable Central or State/Union territory rules should therefore be consulted for details such as pay scales, leave and other service benefits; Section 51 itself does not state their amounts.
Role of the Appellate Tribunal
The Real Estate Appellate Tribunal is established under Section 43 to hear appeals under RERA. Section 44 provides for appeals against directions, decisions or orders of the Regulatory Authority or adjudicating officer. Administrative staff support the Tribunal's functioning, but Section 51 does not confer judicial decision-making powers on them.
Related provisions
Section 53 concerns the Tribunal's powers; Section 54 concerns administrative powers of its Chairperson. Section 84 authorises the appropriate Government to make rules for carrying out the Act, including matters prescribed under Section 51.
Official statutory reference
For the authoritative text, see the Real Estate (Regulation and Development) Act, 2016 on India Code. For staffing and service-condition details, also consult the rules notified by the relevant appropriate Government.
Frequently asked questions
Who provides staff to the Real Estate Appellate Tribunal?
Under Section 51(1), the appropriate Government provides the officers and employees it considers fit.
Who supervises Tribunal employees?
Under Section 51(2), the employees discharge their functions under the general superintendence of the Chairperson.
Does Section 51 specify salaries?
No. Section 51(3) requires salaries, allowances and other service conditions to be prescribed in the applicable rules.