Sections 50 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.
Three short sections round off the staffing rules of the Appellate Tribunal. Section 50 limits what a Chairperson or Member may do after leaving office; section 51 gives the Tribunal its officers and employees under the Chairperson's superintendence; section 52 says a vacancy is filled by a fresh appointment and the proceedings continue from where they stood. If you deal with developers, agents or the Authority and want to understand where conflicts of interest are drawn, our legal consultation team can walk you through it.
After leaving office, a Tribunal Chairperson or Member shall not accept employment in, or connected with, any person or organisation that has been associated with work under the Act, subject to a proviso for government and statutory bodies that are not promoters (50(1)(a)). They also may not act for anyone in a matter in which they advised or acted for the Authority, advise using non-public information, or join an entity they dealt with officially (50(1)(b) to (d)). They must not reveal any matter that came to their knowledge in office (50(2)).
Sections 50 to 52 at a glance
| Section | Subject | Key point |
|---|---|---|
| 50(1)(a) | No employment | In or connected with management or administration of any person or organisation associated with work under the Act |
| 50(1)(b) | No acting | For or on behalf of anyone in a specific proceeding in which the Authority is a party and where the member had acted or advised |
| 50(1)(c) | No advice | Using information obtained in office that is not available to the public |
| 50(1)(d) | No contract of service or board seat | With an entity with which the member had direct and significant official dealings |
| 50(2) | Confidentiality | No communication or disclosure of matters brought before or known to the member |
| 51 | Staff | Provided by the appropriate Government; under the Chairperson's superintendence; terms as prescribed |
| 52 | Vacancy | Fresh appointment; proceedings continue from the stage reached |
Section 50(1): the four restrictions
The restrictions apply to "the Chairperson or Judicial Member or Technical or Administrative Member, ceasing to hold office as such".
(a) No employment. The person shall not "accept any employment in, or connected with, the management or administration of, any person or organisation which has been associated with any work under this Act, from the date on which he ceases to hold office". The text gives no cooling-off period in years; the restriction runs "from the date on which he ceases to hold office" and the clause does not say when it ends.
Proviso to (a). The restriction does not apply to employment "under the appropriate Government or a local authority or in any statutory authority or any corporation established by or under any Central, State of provincial Act or a Government Company as defined under clause (45) of section 2 of the Companies Act, 2013, which is not a promoter as per the provisions of this Act". Two conditions are therefore to be read together: the body must be one of those listed, and it must not be a promoter under the Act.
(b) No acting in specific matters. The person shall not "act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or Judicial Member or Technical or Administrative Member had, before cessation of office, acted for or provided advice to, the Authority". Note the clause speaks of the Authority, although the section sits in the Chapter on the Appellate Tribunal; the text seems to carry the language of the corresponding section for Authority members across. We flag this as a drafting point; the clause is quoted as printed.
(c) No advice on non-public information. The person shall not "give advice to any person using information which was obtained in his capacity as the Chairperson or Judicial Member or Technical or Administrative Member and being unavailable to or not being able to be made available to the public".
(d) No contract with a dealt-with entity. The person shall not "enter into a contrat of service with, or accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such".
Section 50(2): confidentiality
"The Chairperson or Judicial Member or Technical or Administrative Member shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as such." This sub-section is not tied to "ceasing to hold office", and it is placed apart from clause (1). The text does not say whether it runs only after leaving; read plainly, it binds both during and after.
The text does not state any penalty for breaching section 50. Whether any other law applies is outside the Act's wording.
Section 51: officers and employees
- "The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit" (51(1)).
- They "shall discharge their functions under the general superintendence of its Chairperson" (51(2)).
- Their "salary and allowances ... and other terms and conditions of service ... shall be such as may be prescribed" (51(3)). The State rules fix this (section 84(2)(y)), and the position differs by State.
The Tribunal's staff are thus provided by Government but report to the Chairperson in daily work. Section 54 adds administrative powers of the Chairperson; see our article on sections 54 and 55.
Section 52: vacancies
"If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled."
Two things follow. A hearing does not start afresh when a member changes; it picks up "from the stage at which the vacancy is filled". And the three-month period in section 48(3) is the time for filling a vacancy; see our article on sections 47 to 49. Section 52 says nothing about what happens during a "temporary absence", which the opening words exclude.
Example. Mr Khan, a former Technical Member, is offered a post as head of land acquisition at a developer whose appeal he decided while in office. Clause (d) bars him from accepting it. If the developer was a government corporation that is not a promoter, the proviso to clause (a) would apply to clause (a) only, not to (d).
Need help with a Tribunal-related question?
Questions about conflicts, staffing or whether a proceeding was properly constituted are rare, but they can affect an order. Our team can read the order and the record with you. Book a legal consultation and bring the order and hearing notes.
Key takeaways
- A former Chairperson or Member faces four post-office restrictions on employment, acting, advising and joining dealt-with entities.
- A proviso saves employment with government and statutory bodies that are not promoters.
- Confidentiality of matters known in office is mandatory.
- The Government provides staff, who work under the Chairperson's general superintendence.
- A vacancy is filled by fresh appointment, and proceedings continue from the stage reached.
Read next
- Sections 47 to 49: term, salary and removal of Tribunal members
- Sections 54 and 55: Chairperson's powers and validity of proceedings
- 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.