What are the Qualifications for appointment of Chairperson and Members under section 46 of The Real Estate (Regulation and Development Act, 2016). Qualifications for appointment of Chairperson and Members is defined under Section 46 of the Act. Provisions under Section 46 are:
(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,-
(a) in the case of Chairperson, is or has been a Judge of a High Court; and
(b) in the case of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and
(c) in the case of a Technical or Administrative Member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in consultation with the Chief Justice of High Court or his nominee.
(3) The judicial Members and Technical or Administrative Members of the Appellate Tribunal shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary and in such manner as may be prescribed
The Real Estate (Regulation and Development) Act, 2016
CHAPTER VI CENTRAL ADVISORY COUNCIL
Section 41 : Establishment of Central Advisory Council
Section 42 : Functions of Central Advisory Council
CHAPTER VII THE REAL ESTATE APPELLATE TRIBUNAL
Section 43 : Establishment of Real Estate Appellate Tribunal
Section 44 : Application for settlement of disputes and appeals to Appellate Tribunal
Section 45 : Composition of Appellate Tribunal
Section 46 : Qualifications for appointment of Chairperson and Members
Section 47 : Term of office of Chairperson and Members
Section 48 : Salary and allowances payable to Chairperson and Members
Section 49 : Removal of Chairperson and Member from office in certain circumstances
Section 51 : Officers and other employees of Appellate Tribunal
Section 53 : Power of Tribunal
Section 54 : Administrative powers of Chairperson of Appellate Tribunal
Section 55 : Vacancies not to invalidate proceeding of Appellate Tribunal
Section 56 : Right to legal representation
Section 57 : Orders passed by Appellate Tribunal to be executable as a decree
Section 58 : Appeal to High Court
CHAPTER VIII OFFENCES, PENALTIES AND ADJUDICATION
Section 59 : Punishment for non registration under section 3