Bare ActsThe Real Estate (Regulation And Development ) Act, 2016

Section 42

Amendment status not verified — confirm the current text below against the official source.

(I) The functions ofthe Central Advisory Council shall be to advise and recommend the Central Govemment,— (a) on all matters concerning the implementation of this Act; (b) on major questions of policy; (c) towards protection of consumer interest; (d) to foster the growth and development of the real estate sector; (e) on any other matter as may be assigned to it by the Central Government. (2) The Central Government may specify the rules to give effect to the recommendations of the Central Advisory Council on matters as provided under sub-section (1). CHAPTERVII THE REAL ESTATE APPELLATE TRIBUNAL . (I) The appropriate Govemment shall, within a period of one year from the date of ing into force of this Act, by notification, establish anAppellate Tribunal to be known as the — (name of the State/Union territory) Real Estate Appellate Tribunal. (2) The appropriate Government may, if it deems necessary, establish one or more benches of the Appellate Tribunal, for variousjurisdictions, in the State orUnion tem'tory, as the case may be. (3) Every bench oftheAppellate Tribunal shall consist ofat least one Judicial Member and one Administrative to Technical Member. (4) The appropriate Government of two or more Staes or Union territories may. if it deems fit, establish one single Appellate Tribunal: Provided that. until the establishment of an Appellate Tribunal under this section. the appropriate Government shall designate, by order, any Appellate Tribunal Functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act: Provided further that after the Appellate Tribunal under this section is established, all L3,”, _- . ' . 1 With theAppellateTribunal designated to hear appeals, shall stand transferred Establishment of Central Advisory Council. Functions of Central Advisory Council. Establishment of Real Estate Appellate Tribunal. Scanned by CamScanner i 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ‘0 the Appellate Tribunal - ' transferred, so established and shall be heard from the stage such appeal rs (5) Any person aggrieved by any direction or decision or order made by the Authority or by an'adjudrcatrng officer under thisAct may prefer an appeal before theAppellate Tribunal havmg Jusrisdiction over the matter: Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not beentertatined, without the prmoter first having deposited with theAppellate'Iiibunal atleast thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, ifany, or with both, as the case may be, before the said appeal is heard. Explanation—For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force. Application

Section 42 – The Real Estate (Regulation And Development ) Act, 2016 | DailyLaw.ai