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Sections 56–57 of the Real Estate (Regulation and Development) Act, 2016: Legal Representation and Execution of Tribunal Orders

The applicant or appellant may appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or any of its officers...

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RERA
Published
October 1, 2026
Last updated
Oct 13, 2026
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7 min
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Last updated: October 2026Verified against: Government sources

Section 56 tells you who may speak for you before the Authority, the adjudicating officer or the Appellate Tribunal: you yourself, a chartered accountant, a company secretary, a cost accountant, a legal practitioner or one of your officers. Section 57 says what happens to a Tribunal order after it is made: it is executable as a decree of a civil court. If you need someone to appear in a RERA matter, our legal dispute resolution team can assist.

Sections 56 and 57 at a glance

SectionSubjectKey point
56Who may representSelf, CA, CS, cost accountant, legal practitioner, or an officer of the party
56 ExplanationDefinitionsEach professional must hold a certificate of practice; "legal practitioner" includes advocate, vakil, attorney of any High Court and pleader in practice
57(1)Execution by TribunalExecutable as a civil court decree; Tribunal has all powers of a civil court for the purpose
57(2)TransmissionMay transmit the order to a civil court with local jurisdiction for execution as a decree

Section 56: who can appear

"The applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be."

Notable points:

  • The right covers all three forums: the Appellate Tribunal, the Authority and the adjudicating officer.
  • The word is "applicant or appellant". The text does not mention a respondent in terms, so a respondent's right to be represented is not stated here; read the section together with the hearing rights in sections 44(3) and 71(1).
  • "Any of its officers" lets a company or association send its own officer.
  • Authorisation can be of "one or more" persons.

The Explanation: who counts

TermMeaning (as printed)
Chartered accountantAs defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (or any other law for the time being in force), and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act
Company secretaryAs defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (or any other law), with a certificate of practice under sub-section (1) of section 6 of that Act
Cost accountantAs defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (or any other law), with a certificate of practice under sub-section (1) of section 6 of that Act
Legal practitionerAn advocate, vakil or an attorney of any High Court, and includes a pleader in practice

The common thread is the certificate of practice: a professional without one does not fall within the Explanation.

Why it matters for accountants and company secretaries. Many RERA disputes are about accounts: payments received, the seventy per cent of receipts held in the separate account, stage-wise demands and interest. Section 56 allows an accountant to present such a case without a lawyer. See our article on the separate account and Appearing Before RERA Authority. The Act does not prescribe a fee for representation; that is a matter between you and your representative. The rules of each State may have more to say on authorisation, so check them.

Section 57: execution of Tribunal orders

"Every order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court." (57(1))

"Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court." (57(2))

So there are two routes:

  1. The Tribunal executes its own order, using all the powers of a civil court.
  2. The Tribunal transmits the order to a civil court having local jurisdiction, which executes it as if it were its own decree.

The choice is the Tribunal's ("may transmit"). The text does not say what the party must do to ask for either route, nor how the execution petition is to be filed. Procedure falls to the Tribunal's own rules and the State rules.

Relation to section 40

Section 40 also provides for recovery and enforcement of orders "in such manner as may be prescribed"; see our article on section 40. Section 57 is specific to the Tribunal. The text does not say how the two interact, so a party holding a Tribunal order should read the State's enforcement rules alongside section 57.

What section 57 does not cover

It covers orders of the Appellate Tribunal. Orders of the Authority and the adjudicating officer are dealt with under section 40 and the rules. A further penalty for not obeying a Tribunal order is in sections 64, 66 and 68, each in its own article.

Example. The Tribunal upholds an allottee's refund of Rs 15 lakh against Redwood Builders. Redwood does not pay. The allottee can ask for execution. The Tribunal can execute the order itself as a civil court decree, or transmit it to the civil court at the place where Redwood's assets lie, which will execute it as its own decree.

Need help presenting or enforcing a RERA order?

Whether you need a representative at the hearing or support in getting a Tribunal order executed, we can set out the options. Speak to us through legal dispute resolution with your order and papers.

Key takeaways

  • A party may appear in person or authorise a CA, CS, cost accountant, legal practitioner or its own officer.
  • Each professional must hold a certificate of practice under their own Act.
  • The right applies before the Tribunal, the Authority and the adjudicating officer.
  • A Tribunal order is executable as a civil court decree, by the Tribunal or through a civil court with local jurisdiction.
  • The Act gives no procedure for the execution petition; State rules apply.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Sections 56

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can a chartered accountant appear before the RERA Authority?

Yes, if the person holds a certificate of practice under section 6(1) of the Chartered Accountants Act, 1949 (section 56).

Can a company secretary or cost accountant appear?

Yes, on the same footing, with a certificate of practice under their own Act.

Know which registrations your business actually needs — both too few and too many cost money.

— TaxClue Compliance Desk

Sections 56: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Yes, if the person holds a certificate of practice under section 6(1) of the Chartered Accountants Act, 1949 (section 56).

Yes, on the same footing, with a certificate of practice under their own Act.

Not under section 56. You may appear in person or authorise any listed person or one of your officers.

Yes: "any of its officers".

It is executable by the Tribunal as a civil court decree, or transmitted to a civil court that executes it as its own decree (section 57).

No. It speaks of orders of the Appellate Tribunal; see section 40 for the others.