Sections 47 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 47 to 49 protect and discipline the people who sit on the Real Estate Appellate Tribunal. They give a term of up to five years, fix age ceilings, leave pay to the rules but bar changes to a member's disadvantage, allow resignation on three months' notice, and say a member can be removed only after an inquiry by a High Court Judge. For advice on how a Tribunal's composition affects your matter, see our legal consultation service.
The Chairperson or a Member holds office for a term not exceeding five years and is not eligible for re-appointment (47(1)). A former High Court Judge as Chairperson cannot hold office after sixty-seven; other Members cannot after sixty-five. A member may resign on not less than three months' written notice (48(2)(a)). Removal needs an order of the appropriate Government after an inquiry by a High Court Judge with a reasonable opportunity of being heard (49(2)).
Sections 47 to 49 at a glance
| Section | Subject | Key point |
|---|---|---|
| 47(1) | Term | Not exceeding five years; no re-appointment |
| 47(1) provisos | Age | Chairperson (former High Court Judge): sixty-seven; Judicial and Technical or Administrative Members: sixty-five |
| 47(2) | Conflict check | Government must be satisfied of no prejudicial financial or other interest |
| 48(1) | Pay | As prescribed; not varied to disadvantage during tenure |
| 48(2) | Exit | Resignation on notice of at least three months; removal under section 49 |
| 48(3) | Vacancy | Filled within three months |
| 49 | Removal | Five grounds; inquiry by a High Court Judge; suspension; rules on procedure |
Section 47: term and age
"The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office, as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment."
Two provisos set the age:
- a person who "is or has been a Judge of a High Court" appointed as Chairperson "shall not hold office after he has attained the age of sixty-seven years";
- "no Judicial Member or Technical or Administrative Member shall hold office after he has attained the age of sixty-five years".
The five-year term is a ceiling ("not exceeding"). The first proviso is worded around a High Court Judge, which is the only qualification section 46 gives the Chairperson, so in practice it applies to every Chairperson.
Section 47(2): "Before appointing any person as Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest, as is likely to affect prejudicially his functions as such member." The same test reappears as a ground for removal.
Section 48: pay, resignation and vacancies
- Pay. "The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure." The amounts are in the State rules (section 84(2)(w)), not in the Act, and differ by State.
- Resignation. Notwithstanding section 47(1) and (2) (the text says "sub-sections (1) and (2) of section 47"), a member may "relinquish his office by giving in writing to the appropriate Government a notice of not less than three months".
- Removal. A member may "be removed from his office in accordance with the provisions of section 49".
- Vacancy. "A vacancy caused to the office of the Chairperson or any other Member, as the case may be, shall be filled-up within a period of three months from the date on which such vacancy occurs." The text gives no consequence for exceeding three months; section 52 and section 55 deal with proceedings in the meantime. See our article on sections 50 to 52.
Section 49: removal in certain circumstances
The appropriate Government, "in consultation with the Chief Justice of the High Court", may remove the Chairperson or any Judicial Member or Technical or Administrative Member who:
| Ground | Wording |
|---|---|
| (a) | has been adjudged as an insolvent |
| (b) | has been convicted of an offence which, in the opinion of the appropriate Government, involves moral turpitude |
| (c) | has become physically or mentally incapable |
| (d) | has acquired such financial or other interest as is likely to affect prejudicially his functions |
| (e) | has so abused his position as to render his continuance in office prejudicial to the public interest |
Procedure and protection
- Inquiry first. A person "shall not be removed from his office except by an order made by the appropriate Government after an inquiry made by the Judge of the High Court", in which he "has been informed of the charges against him and given a reasonable opportunity of being heard" (49(2)).
- Suspension. The Government may suspend the person against whom a reference to the High Court Judge has been made, "until the appropriate Government passes an order on receipt of the report" (49(3)).
- Rules on procedure. The Government "may, by rules, regulate the procedure for inquiry" (49(4)); see section 84(2)(x). The text of section 49 does not specify the Judge's powers or time limit for the report.
Note that ground (b) turns on the Government's "opinion" about moral turpitude, but removal still has to follow the inquiry, so the protection in 49(2) applies to every ground.
What this means in practice
A member cannot be dismissed at will, and cannot be re-appointed after one term. That structure is meant to keep the Tribunal independent of the Government that appoints it. Section 49(1) refers to the Chairperson, Judicial Member and Technical or Administrative Member; the rule-making clause in section 84(2)(x) speaks of "the Chairperson or Judicial Member of the Tribunal" only. We flag the apparent omission of the Technical or Administrative Member there as a drafting slip.
Example. Justice Verma, a retired High Court Judge, is appointed Chairperson at sixty-two. Under 47(1) the term is capped at five years, and under the first proviso she must leave office at sixty-seven. If she were instead appointed at sixty-five, her term could run only two years. If a complaint arose that she had acquired a financial interest in a developer's group, the Government could refer it to a High Court Judge and, after an inquiry and a hearing, remove her under 49.
Need help with a Tribunal matter?
The term and removal rules rarely affect an individual litigant directly, but a vacancy or change of bench can affect hearing dates. If your appeal is stalled, we can help you plan next steps. See our legal consultation service.
Key takeaways
- Tribunal members hold office for up to five years and cannot be re-appointed.
- Age limits: sixty-seven for the Chairperson, sixty-five for other Members.
- Resignation needs at least three months' written notice; vacancies are to be filled within three months.
- Removal needs an inquiry by a High Court Judge and a hearing; suspension is possible during the inquiry.
- Pay and conditions are prescribed by State rules and cannot be varied to a member's disadvantage.
Read next
- Sections 45 and 46: composition of the Appellate Tribunal and qualifications
- Sections 50 to 52: restrictions, officers and vacancies of the 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.