Developed & Maintained By RISL
The Real Estate Bill was passed by the Rajya Sabha on 10th March, 2016 and the Lok Sabha on 15th March, 2016. The Bill as passed by the Parliament was assented to by the Hon'ble President on 25th March, 2016. The Act as assented to by the Hon'ble President was published in the Official Gazette on 26th March, 2016 for public information. Later, on 06th March, 2019 the state Govt. constituted the regular Tribunal and appointed two members. With the appointment of chairman on 26th Feb, 2021, the Regular Tribunal has become functional.
Provisions of section 2, sections 20 to 39, section 41 to 58, sections 71 to 78 and sections 81 to 92 (relating to definitions, establishment/appointment of Regulatory Authority/Appellate Tribunal, Adjudicating Officer, framing of Rules/Regulations, constituting regulatory Fund, making website etc. came into force with effect from 1st May, 2016 vide Notfn. dt. 24.04.2016 of the Central Govt. (Ministry of HUPA). Remaining provisions of sections 3 to 19, 40, 59 to 70, 79 and 80 regarding registration of real estate projects, real estate agents, responsibilities of promoters/ allottees/agents, about penalties and offences etc. came into force w.e.f. 01.05.2017 vide Notfn. dt. 19.04.2017 of the Central Govt. (Ministry of HUPA).
Some sections of the Act have been notified after one year, as the institutional structures, namely the establishment of the Regulatory Authority and the Appellate Tribunal are necessary prior to their enforcement.
As per section 43 of the Act, Appellate Tribunal is required to be established by the State Government. For speedy implementation of the Act, section 43 empowers the State Government to designate an existing appellate Tribunal (under any other law in force) to function as an Appellate Tribunal under the Act, accordingly the State Government has designated the Food Safety Appellate Tribunal as interim Real Estate Appellate Tribunal until the establishment of permanent Real Estate Appellate Tribunal.
The Appellate Tribunal is a quasi-judicial body, which is empowered to hear appeals from the order/decisions/directions of the Regulatory Authority or the Adjudication Officer, as the case may be. Every appeal shall be accompanied by a fee of rupees 5000/- to be paid through online mode of payment. The appeal shall be filed in Form-M. The manner of filling of appeal and the manner for hearing and disposing the appeal has been prescribed in rule 27 of the Rules.
Any person aggrieved by the decision or order of the Appellate Tribunal can file an appeal with the High Court.
Section 44 provides that the Appellate Tribunal should endeavor to dispose of the appeal as expeditiously as possible but not later than sixty days from filling the appeal. However, where the same could not be disposed of during the said period the Appellate Tribunal is required to record its reasons for the same.
As per section 46 the Chairman of the Appellate Tribunal be a sitting or retired judge of the High Court. Section 46 also provides that the Appellate Tribunal shall comprise of at-least two Members one of whom shall be a judicial Member and the other shall be a Technical or Administrative Member.
As per section 46 the Members of the Appellate Tribunal are required to be appointed by the State Government on the recommendations of a Selection Committee comprising of the Chief Justice of the High Court (or his nominee), the Additional Chief Secretary, UDH Department and the Principal Secretary, Law Department. The section also provides for the qualification etc. that are required for the appointment of the Judicial/ Administrative Members.
Developed & Maintained By RISL