Section 82: Power of Appropriate Government to Supersede the Authority
Section 82 of the Real Estate (Regulation and Development) Act, 2016 (RERA) empowers the appropriate Government to temporarily supersede the Real Estate Regulatory Authority in specified circumstances. This is a limited supervisory power: the Government must observe the statutory grounds, give the Authority an opportunity to respond, and restore the Authority within the prescribed period.
Meaning of important terms
Appropriate Government: Under Section 2(g), the competent Central Government, State Government or other specified administration, depending on the relevant Union territory or State. Authority: The Real Estate Regulatory Authority established under Section 20. Supersession: Temporary replacement of the Authority's existing leadership and decision-making arrangements under Section 82; it is not permanent abolition of the statutory regulator.
Section 82(1): When can the Authority be superseded?
The appropriate Government may issue a notification superseding the Authority for a specified period not exceeding six months where it considers that one of the following grounds exists:
- Section 82(1)(a): Circumstances beyond the Authority's control prevent it from discharging statutory functions or duties.
- Section 82(1)(b): The Authority persistently defaults in following a direction given under the Act or in performing its functions or duties, and that default adversely affects its finances or administration.
- Section 82(1)(c): Circumstances make supersession necessary in the public interest.
The notification may provide for a person or persons, as the President or Governor, as the case may be, directs, to exercise the statutory powers and functions. Before issuing the notification, the Government must give the Authority a reasonable opportunity to make representations against the proposed supersession and must consider any representations received.
Section 82(2): Effect of a supersession notification
From publication of the notification:
- Clause (a): The Chairperson and other Members vacate their offices from the date of supersession.
- Clause (b): Until reconstitution, the designated person or persons exercise and discharge the powers, functions and duties of the Authority.
- Clause (c): Until reconstitution, property owned or controlled by the Authority vests in the appropriate Government.
Section 82(3): Reconstitution of the Authority
On or before expiry of the notified supersession period, the appropriate Government must reconstitute the Authority by fresh appointment of its Chairperson and other Members. A person who vacated office due to supersession is not automatically disqualified from reappointment.
Section 82(4): Report to the Legislature
The appropriate Government must lay the supersession notification, a full report of action taken, and the circumstances leading to that action before both Houses of Parliament or the relevant State or Union territory Legislature, or before its sole House where applicable. This requirement provides legislative scrutiny of the Government's intervention.
Practical legal implications
Section 82 does not permit indefinite supersession. The stated grounds and procedural safeguards, including the opportunity to make representations, are material to the legality of the decision. Existing RERA obligations do not cease merely because the Authority is temporarily superseded: its statutory functions are exercised by the designated persons until reconstitution. Whether a particular notification or decision is lawful depends on the facts, applicable rules and judicial orders.
Related provisions and official resources
Read India Code (Government of India) for the authoritative Act and amendments, and Ministry of Housing and Urban Affairs for central RERA resources. Relevant provisions include Section 2(g) (appropriate Government), Section 20 (establishment of Authority), Section 81 (delegation) and Section 83 (power to issue directions). For State-specific rules and notifications, consult the concerned Government Gazette and State RERA portal.