Section 54 RERA 2016: Administrative Powers of Chairperson of Appellate Tribunal

Q: What does Section 54 of RERA provide?

The Chairperson has general superintendence and direction over the Appellate Tribunal, presides over its meetings, and exercises prescribed administrative functions.

Q: Can the Chairperson exercise additional administrative powers?

Yes, where prescribed by the applicable rules under RERA.

Section 54 of the Real Estate (Regulation and Development) Act, 2016 (RERA) sets out the administrative powers of the Chairperson of the Real Estate Appellate Tribunal. It gives the Chairperson general oversight and direction of the Tribunal's affairs, together with powers and functions prescribed under the applicable rules.

Text of Section 54 - Administrative powers of Chairperson of Appellate Tribunal

The Chairperson shall have powers of general superintendence and direction in the conduct of the affairs of Appellate Tribunal and he shall, in addition to presiding over the meetings of the Appellate Tribunal exercise and discharge such administrative powers and functions of the Appellate Tribunal as may be prescribed.

Meaning and scope of Section 54

General superintendence means overall administrative oversight of the Tribunal's affairs. Direction concerns managing and coordinating the Tribunal's institutional functioning. Section 54 also expressly assigns the Chairperson the role of presiding over meetings of the Appellate Tribunal.

The expression "as may be prescribed" refers to matters provided for by rules made under the Act. Under India Code, the Act's definition of "prescribed" in Section 2 refers to rules made under RERA. The precise additional administrative powers must therefore be checked against the rules applicable to the particular Tribunal and jurisdiction, rather than assumed to be uniform across India.

Key administrative responsibilities

Superintendence: oversee the conduct of the Appellate Tribunal's affairs.
Direction: provide administrative direction for its functioning.
Meetings: preside over meetings of the Appellate Tribunal.
Prescribed functions: exercise additional administrative powers and discharge functions assigned by applicable rules.

Section 43 provides for the establishment of the Real Estate Appellate Tribunal. Section 51 provides for officers and employees, who discharge their functions under the Chairperson's general superintendence. Section 53 addresses the Tribunal's procedure and powers. These provisions operate alongside Section 54, but the Chairperson's administrative role should not be confused with the Tribunal's adjudicatory powers.

Section 52 concerns filling vacancies in the office of the Chairperson or a Member, while Section 55 concerns the effect of certain vacancies or defects on Tribunal proceedings. For jurisdiction-specific administrative arrangements, consult the applicable state or Union territory RERA rules and official notifications.

Official legal resources

The central legislation and related amendments may be consulted through the India Code official legislation portal and the Ministry of Housing and Urban Affairs. State-specific rules, notifications and Tribunal procedures should be verified on the relevant government or RERA authority portal.

Frequently asked questions

What does Section 54 of RERA provide?

It empowers the Chairperson to exercise general superintendence and direction over the Tribunal's affairs, preside over its meetings and discharge prescribed administrative functions.

Can the Chairperson exercise additional administrative powers?

Yes, but such powers and functions must have a basis in the applicable rules prescribed under RERA.

Does Section 54 itself define all administrative duties?

No. It states the general powers and refers to additional functions as may be prescribed by rules.