Real Estate (Regulation and Development) Act, 2016 | Chapter X
Sections 87 and 88 of RERA: Public Servants and Application of Other Laws
Sections 87 and 88 of the Real Estate (Regulation and Development) Act, 2016 (RERA) address two distinct legal matters. Section 87 treats specified officials of the Real Estate Regulatory Authority, Real Estate Appellate Tribunal and adjudicating machinery as public servants. Section 88 clarifies that RERA generally supplements, rather than excludes, other laws in force.
Section 87: Members, etc., to be public servants
The Chairperson, Members and other officers and employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Meaning and scope of Section 87
Section 87 gives the specified RERA functionaries the legal status of public servants by an express deeming provision. It covers the Chairperson, Members, officers and employees of the Regulatory Authority and Appellate Tribunal, as well as the adjudicating officer. This statutory status is relevant to the application of laws governing public duties, accountability and offences involving public servants, subject to the requirements of the particular law.
Section 21 of the Indian Penal Code, 1860 defines categories of persons treated as public servants under that Code. Section 87 expressly refers to this provision. For offences and proceedings arising after the commencement of the Bharatiya Nyaya Sanhita, 2023, the applicable criminal law and transitional provisions must also be considered; the wording of Section 87 should not be silently replaced.
Section 88: Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
Meaning and legal effect of Section 88
The phrase in addition to, and not in derogation of means that RERA ordinarily provides supplementary rights and remedies rather than automatically extinguishing remedies available under other applicable enactments. For example, an allottee may have remedies under consumer protection law as well as RERA, depending on the nature of the claim, jurisdiction and applicable procedural rules.
Section 88 must be read alongside Section 89, which gives RERA overriding effect to the extent of an inconsistency with another law. The two provisions operate together: compatible remedies may coexist, while an actual statutory conflict requires closer examination of the relevant provisions and binding judicial decisions. Section 88 does not permit duplicate recovery for the same loss.
Practical implications
- For RERA officials: Section 87 establishes deemed public servant status for the specified positions; legal duties and liabilities still depend on the applicable enactment.
- For homebuyers and allottees: Section 88 can preserve other lawful avenues of redress, including consumer remedies, where their statutory conditions are met.
- For promoters and agents: Compliance with RERA does not, by itself, dispense with independent obligations imposed by other applicable laws.
- For overlapping proceedings: The competent forum, statutory restrictions, consistency of remedies and prevention of double compensation must be assessed.
Related legal provisions and official sources
Section 89, RERA: Provides overriding effect where another law is inconsistent with RERA. Section 79: Restricts civil court jurisdiction over matters the Authority, adjudicating officer or Appellate Tribunal is empowered to determine. Section 71: Provides for appointment and powers of an adjudicating officer for specified compensation claims.
Read the official text of the RERA Act, 2016 (India Code PDF) and the India Code Act record for the legislation and amendments. State and Union territory RERA rules and regulations may additionally govern local procedures.
Legal information updated on 4 October 2026. Applicability depends on the facts, statutory amendments and binding decisions.