Section 48: Salary and Allowances Payable to Chairperson and Members

Meaning and purpose of Section 48

The Real Estate Appellate Tribunal is the appellate forum established under Section 43 for appeals concerning orders or decisions of the Real Estate Regulatory Authority and adjudicating officer. Under Section 45, it comprises a Chairperson and at least two whole-time Members, including a Judicial Member and a Technical or Administrative Member.

Section 48 provides institutional safeguards for their terms of service. It does not itself prescribe a single nationwide rupee amount for salaries or allowances; the relevant details are set by applicable rules made by the appropriate Government under the Act. For a particular tribunal, consult the relevant State or Union territory rules and notifications.

Section 48(1): Salary, allowances and conditions of service

Section 48(1) provides that the salary and allowances payable to the Chairperson and other Members, together with their other terms and conditions of service, shall be such as may be prescribed. The same subsection protects them against changes to those terms and conditions to their disadvantage during their tenure.

What does "as may be prescribed" mean?

It refers to provisions laid down in the applicable rules under the RERA Act. Depending on those rules, the service framework may address remuneration, admissible allowances, leave and related administrative matters. The statutory non-disadvantage safeguard helps protect the independence and continuity of the Tribunal.

Accordingly, any precise salary figure should be checked against the applicable rules and current notifications rather than assumed from Section 48 alone.

Section 48(2): Resignation or removal

Notwithstanding the tenure provisions in Section 47(1) and (2), the Chairperson or a Member may cease to hold office in either of the following ways:

1. Resignation under Section 48(2)(a): relinquishment of office by giving the appropriate Government not less than three months' notice in writing.
2. Removal under Section 48(2)(b): removal from office in accordance with Section 49, which provides the applicable statutory grounds and procedure.

The resignation provision specifies a minimum notice period; it should not be confused with a right to immediate departure without notice. Likewise, removal is not an unrestricted administrative power: the requirements of Section 49 must be observed.

Section 48(3): Vacancy to be filled within three months

When a vacancy arises in the office of the Chairperson or any other Member, Section 48(3) requires it to be filled within three months from the date the vacancy occurs. The rule supports timely constitution and functioning of the Appellate Tribunal and seeks to prevent prolonged disruption of appellate proceedings.

The applicable qualifications and appointment procedure are separately governed by Section 46. Section 48(3) does not dispense with those requirements.

Section 48 at a glance

• 48(1): Salary, allowances and service conditions are prescribed by rules and cannot be varied to the officeholder's disadvantage during tenure.
• 48(2)(a): Resignation requires written notice of at least three months to the appropriate Government.
• 48(2)(b): Removal must follow Section 49.
• 48(3): A vacancy must be filled within three months of its occurrence.

Related provisions and official sources

Read Section 48 together with Section 45 (composition), Section 46 (qualifications and appointment), Section 47 (term of office) and Section 49 (removal).

• India Code — official database for the Real Estate (Regulation and Development) Act, 2016.
• Ministry of Housing and Urban Affairs — central RERA-related resources.
• e-Gazette of India — official central notifications and rules, where applicable.

Actual pay scales and other service conditions depend on the rules and notifications governing the relevant Appellate Tribunal. Check the appropriate State or Union territory government and tribunal portals for the applicable current instruments.