Section 52 of RERA Act, 2016: Vacancies in the Real Estate Appellate Tribunal
Section 52 of the Real Estate (Regulation and Development) Act, 2016 provides the procedure for filling a vacancy in the office of the Chairperson or a Member of the Real Estate Appellate Tribunal. It places the responsibility for appointing a replacement on the appropriate Government and addresses continuation of proceedings when the vacancy is filled.
Text of Section 52 - Vacancies
If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.
Meaning and scope of Section 52
The provision applies when a vacancy arises in the office of the Chairperson or a Member of the Appellate Tribunal for a reason other than temporary absence. A temporary absence alone does not trigger the replacement requirement under this section. Where an actual vacancy arises, the appropriate Government is required to appoint another person in accordance with the Act.
Who fills a vacancy in the Appellate Tribunal?
The appropriate Government, as defined in Section 2(g) of the Act, is responsible for filling the vacancy. Whether the Central Government or the State Government is the appropriate Government depends on the project or matter and the statutory definition. The replacement appointment must comply with the Act, including the relevant provisions concerning the composition and qualifications of Tribunal members.
Can pending proceedings continue after a vacancy?
Yes. Section 52 expressly provides that proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled. The provision facilitates continuity after the replacement appointment. It should be read with Section 55, which addresses when vacancies, defects in constitution or appointment, and certain procedural irregularities do not, by themselves, invalidate proceedings.
Related provisions of the RERA Act
- Section 43 - Establishment of the Real Estate Appellate Tribunal.
- Section 45 - Composition of the Appellate Tribunal.
- Section 46 - Qualifications for appointment of Chairperson and Members.
- Section 53 - Powers and procedure of the Tribunal.
- Section 55 - Vacancies and certain defects not to invalidate proceedings.
Frequently asked questions
Does Section 52 apply to temporary absence?
No. The wording expressly excludes a vacancy arising merely from temporary absence.
Is appointment of a replacement mandatory?
Yes. For a vacancy covered by Section 52, the Act states that the appropriate Government shall appoint another person in accordance with its provisions.
Must every pending appeal start again?
Section 52 allows proceedings to continue from the stage at which the vacancy is filled. Any particular procedural issue remains subject to the Act, applicable rules and natural justice.
Official statutory reference
Read the Real Estate (Regulation and Development) Act, 2016 on India Code or the official text of the Act (PDF). Tribunal administration and procedural arrangements may also be governed by applicable Central or State rules.