Sections 45 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 45 and 46 say who sits on the Real Estate Appellate Tribunal and what each person must have behind them. A Tribunal has a Chairperson and at least two whole-time Members, and the qualifications are set high: a High Court Judge for the chair, long judicial or legal experience for the Judicial Member and twenty years in a related field for the Technical or Administrative Member. If you need advice on which bench your appeal goes to, legal consultation is a good first step.
The Tribunal shall consist of a Chairperson and not less than two whole time Members, of whom one is a Judicial Member and the other a Technical or Administrative Member, appointed by the appropriate Government (45). The Chairperson is or has been a Judge of a High Court (46(1)(a)). The Chairperson is appointed in consultation with the Chief Justice of the High Court or his nominee; Members are appointed on the recommendation of a Selection Committee (46(2), (3)).
Sections 45 and 46 at a glance
| Office | Qualification (46(1)) |
|---|---|
| Chairperson | Is or has been a Judge of a High Court |
| Judicial Member | Held judicial office in India for at least fifteen years; or Indian Legal Service member who held the post of Additional Secretary or equivalent; or advocate for at least twenty years with experience in real estate matters |
| Technical or Administrative Member | Well-versed in a listed field, with experience of at least twenty years in the field, or held the post of Additional Secretary to the Government of India or equivalent in the Central or State Government |
Section 45: the Tribunal's make-up
"The Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the appropriate Government."
Observations from the text:
- The floor is three persons: a Chairperson and two Members. "Not less than two" allows more.
- Members must be whole time. The text does not say whether the Chairperson is whole time, but the whole time requirement is stated for the Members.
- The Explanation ties the two kinds of Member to section 46(1): a "Judicial Member" is appointed under clause (b), and a "Technical or Administrative Member" under clause (c).
- Section 43(3) separately requires every bench to have at least one Judicial and one Administrative or Technical Member; see our article on section 43.
Section 46(1): who is qualified
The sub-section opens: "A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he" meets the clause that fits the post.
Chairperson, clause (a)
"is or has been a Judge of a High Court." The text does not require any minimum years of service as a High Court Judge. (Note: clause (a) is joined to (b) with "and" in the printed text, which could be read as asking every appointee to meet every clause. The sensible reading, and the heading "in the case of", is that each clause applies to its own post; we flag the "and" as a drafting point.)
Judicial Member, clause (b)
One of three routes:
- "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".
Only the third route mentions real estate experience.
Technical or Administrative Member, clause (c)
A person "well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration" who "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".
The list of fields is broad, and it includes accountancy, commerce and law. That is why Chartered Accountants and Company Secretaries with long experience in these fields may fall within it, though the Act does not name any profession for this seat.
Section 46(2) and (3): how appointments are made
| Post | Who appoints | On whose advice |
|---|---|---|
| Chairperson | The appropriate Government | In consultation with the Chief Justice of the High Court or his nominee |
| Judicial Members and Technical or Administrative Members | The appropriate Government | On recommendation of a Selection Committee, "and in such manner as may be prescribed" |
The Selection Committee consists of "the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary". The Act does not say whose Secretaries (the Centre's or the State's) are meant, and the manner of selection is left to the State rules (section 84(2)(v)). See our article on sections 84 to 86.
Why it matters to a litigant
When you appeal under section 44, the order you receive comes from a body set up this way. The Chairperson is a former or sitting High Court Judge, the Judicial Member is a lawyer or judge of defined seniority, and the Technical or Administrative Member brings domain experience. Challenging the composition itself is not a route the Act describes; section 55 says that a vacancy or defect in constitution does not by itself invalidate proceedings. See our article on sections 54 and 55.
Example. A State sets up a Tribunal with a retired High Court Judge as Chairperson, a retired District Judge who held judicial office for eighteen years as Judicial Member, and a former Additional Secretary in the housing department as Technical Member. All three meet the printed qualifications. A candidate with twelve years of judicial office would not meet clause (b)(1) but could qualify only through another route.
Need help with a Tribunal matter?
If you are preparing for a hearing before the Tribunal, knowing who will sit and what the Act expects of them helps you frame your submissions. We can help you plan the appeal, from the order to the hearing. Reach out for legal consultation on the next step.
Key takeaways
- A Tribunal has a Chairperson and at least two whole time Members: Judicial and Technical or Administrative.
- The Chairperson is or has been a High Court Judge.
- Judicial Members have fifteen years of judicial office, or Indian Legal Service rank, or twenty years as an advocate with real estate experience.
- Technical or Administrative Members need twenty years in a listed field or Additional Secretary rank.
- A Selection Committee recommends Members; the Chief Justice is consulted on the Chairperson.
Read next
- Sections 47 to 49: term, salary and removal of Tribunal members
- Section 43: establishment of the Real Estate Appellate Tribunal
- RERA Authority and Appellate Tribunal
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.