Section 46 of RERA : Section 46: Qualifications For Appointment Of Chairperson And Members

Explanation using Example

Imagine a situation where the state government is looking to appoint a new Chairperson for the Real Estate Appellate Tribunal in their jurisdiction. According to Section 46 of the Real Estate (Regulation and Development) Act, 2016, they have to ensure that the candidate they are considering has previously been a Judge of a High Court, as that is a qualification necessary for someone to be appointed as the Chairperson of the Appellate Tribunal.

Furthermore, if the government wants to appoint a Judicial Member to the Tribunal, they need to verify that the candidate has either served in a judicial capacity in India for at least fifteen years, has been a member of the Indian Legal Service and held a high-ranking position equivalent to Additional Secretary, or has been an advocate for at least twenty years with real estate experience.

For a Technical or Administrative Member role, the candidate must have extensive experience of at least twenty years in relevant fields such as urban development or housing or have held a high-ranking administrative position in the government.

The appointment process must involve consultation with the Chief Justice of the High Court for the Chairperson and a Selection Committee for other members, ensuring a transparent and qualified selection process.