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.
Section 46 • The real estate (regulation and development) act, 2016
Section 46. (1) A person shall not be qualified for appointment as the Chairperson or a Member
real-estate-regulation-and-development-act-2016-sec-46.json
•
Section 46
{
"act_title": "The real estate (regulation and development) act, 2016",
"act_slug": "real-estate-regulation-and-development-act-2016",
"section_label": "Section",
"section": {
"number": "46",
"title": "Section 46. (1) A person shall not be qualified for appointment as the Chairperson or a Member",
"chapter": null,
"content": "of the Appellate Tribunal unless he,—\n(a) in the case of Chairperson, is or has been a Judge of a High Court; and\n(b) in the case of a Judicial Member he has held a judicial office in the territory of\nIndia for at least fifteen years or has been a member of the Indian Legal Service and has\nheld the post of Additional Secretary of that service or any equivalent post, or has\nbeen an advocate for at least twenty years with experience in dealing with real estate\nmatters; and\n(c) in the case of a Technical or Administrative Member, he is a person who is\nwell-versed in the field of urban development, housing, real estate development,\ninfrastructure, economics, planning, law, commerce, accountancy, industry,\nmanagement, public affairs or administration and possesses experience of at least\ntwenty years in the field or who has held the post in the Central Government, or a State\nGovernment equivalent to the post of Additional Secretary to the Government of India\nor an equivalent post in the Central Government or an equivalent post in the State\nGovernment.\n(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate\nGovernment in consultation with the Chief Justice of High Court or his nominee.\n(3) The judicial Members and Technical or Administrative Members of the Appellate\nTribunal shall be appointed by the appropriate Government on the recommendations of a\nSelection Committee consisting of the Chief Justice of the High Court or his nominee, the\nSecretary of the Department handling Housing and the Law Secretary and in such manner as\nmay be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
"prev_section": "45",
"next_section": "47"
}