What is the Right to legal representation under section 56 of The Real Estate (Regulation and Development Act, 2016). Right to legal representation is defined under Section 56 of the Act. Provisions under Section 56 are:
The applicant
or appellant may either appear in person or authorise
one or more chartered accountants or company secretaries
or cost accountants or legal practitioners or any of its
officers to present his or its case before the Appellate
Tribunal or the Regulatory
Authority or the adjudicating officer, as the case may
be.
Explanation.-For the purposes of this section,-
(a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice.
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