Sections 81 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.
These three sections describe the relationship between the Authority and the appropriate Government. Section 81 lets the Authority delegate its powers. Section 82 lets the Government supersede the Authority for up to six months on specified grounds. Section 83 makes the Authority bound by written policy directions and requires it to furnish returns. For questions on how the Authority's status affects your pending matter, our legal consultation service is available.
The Authority may, by general or special order in writing, delegate its powers and functions, except the power to make regulations under section 85 (81). The appropriate Government may, by notification, supersede the Authority for a period not exceeding six months on any of three grounds, after giving it a reasonable opportunity to make representations (82). The Authority is bound by written directions on questions of policy, and the Government's decision on whether a question is one of policy is final (83).
Sections 81 to 83 at a glance
| Section | Subject | Key point |
|---|---|---|
| 81 | Delegation | By general or special order in writing, to any member, officer or other person, except the power to make regulations under section 85 |
| 82(1) | Supersession | By notification; period not exceeding six months; three grounds |
| 82(1) proviso | Hearing | Reasonable opportunity to make representations; Government must consider them |
| 82(2) | Effects | Chairperson and Members vacate; person(s) appointed exercise powers; Authority's properties vest in the Government |
| 82(3) | Reconstitution | By fresh appointment on or before the end of the period; former Members not disqualified |
| 82(4) | Laying | Notification and report laid before the legislature |
| 83(1), (2) | Policy directions | Authority bound; Government decides finally whether a question is one of policy |
| 83(3) | Returns | Authority furnishes returns or information required by the Government |
Section 81: delegation
"The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 85, as it may deem necessary."
(The printed text leaves a bracket open after "section 85"; the meaning is clear.)
- Form. A written order, general or special.
- To whom. "Any member, officer of the Authority or any other person", so delegation is not confined to the Authority's own members.
- Conditions. "If any, as may be specified in the order".
- Exception. The power to make regulations under section 85 cannot be delegated; see our article on sections 84 to 86.
The text does not list other non-delegable powers, so the exception is the only one stated. Section 80(1) refers to an officer "duly authorised" by the Authority to file a complaint for an offence; see our article on sections 79 and 80.
Section 82: supersession
Grounds (82(1))
The appropriate Government may supersede the Authority if it is of the opinion:
| Clause | Ground |
|---|---|
| (a) | That, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it |
| (b) | That the Authority has persistently defaulted in complying with any direction given by the Government under the Act or in the discharge of its functions, and as a result the financial position or the administration of the Authority has suffered |
| (c) | That circumstances exist which render it necessary in the public interest so to do |
Process and period
- By notification, for "such period, not exceeding six months, as may be specified in the notification".
- The Government appoints "a person or persons as the President or the Governor, as the case may be, may direct to exercise powers and discharge functions under this Act".
- Proviso. Before issuing the notification, the Government "shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority."
The text does not say whether supersession can be extended beyond six months, nor whether it can be repeated. Section 82(3) requires reconstitution on or before the expiry of the period.
Effects (82(2))
- The Chairperson and other Members "shall, as from the date of supersession, vacate their offices".
- All powers, functions and duties of the Authority "shall, until the Authority is reconstituted ... be exercised and discharged by the person or persons referred to in sub-section (1)".
- All properties owned or controlled by the Authority "shall, until the Authority is reconstituted ... vest in the appropriate Government".
Reconstitution and laying (82(3), (4))
"On or before the expiration of the period of supersession ... the appropriate Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other members", and a person who vacated office is "not ... deemed to be disqualified for re-appointment". A copy of the notification and "a full report of any action taken under this section and the circumstances leading to such action" must be laid before the legislature.
Section 83: directions, policy and returns
"The Authority shall, in exercise of its powers and in performance of its functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time" (83(1)). The proviso: "the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given."
"If any dispute arises between the appropriate Government and the Authority as to whether a question is or is not a question of policy, the decision of the appropriate Government thereon shall be final." (83(2))
"The Authority shall furnish to the appropriate Government such returns or other information with respect to its activities as the appropriate Government may, from time to time, require." (83(3))
Notice the limits: the directions must be in writing, must be on questions of policy, and the Authority is to be heard "as far as practicable" first. The Act does not define "question of policy", and the Government's decision on whether a question is one of policy is final.
What this means for a litigant
Supersession and policy directions affect the Authority as an institution. A pending complaint is not stopped by them, since the powers pass to the person or persons appointed (82(2)(b)). The text does not say what happens to pending hearings in the interval, so this is a point to check in the notification itself.
Example. A State Government considers that an Authority has persistently ignored its written directions and that the administration has suffered. After giving the Authority a chance to respond, it supersedes the Authority for five months by notification and appoints an administrator. The Chairperson and Members vacate office. Within five months the Government must reconstitute the Authority, and the former Chairperson can be re-appointed.
See also RERA Authority and Appellate Tribunal and our article on sections 20 and 21.
Need help with an Authority-related question?
If your matter is pending before an Authority that has been superseded or delegated its functions, it helps to know who is deciding and under what power. We can review the notifications and orders. See our legal consultation service.
Key takeaways
- The Authority may delegate powers in writing, except the power to make regulations.
- The Government may supersede the Authority for up to six months on three grounds, after hearing it.
- On supersession the Members vacate, the appointee exercises the powers and the properties vest in the Government.
- The Authority must be reconstituted by the end of the period; former Members may be re-appointed.
- The Authority is bound by written policy directions; the Government decides finally what is policy.
Read next
- Sections 84 to 86: rules, regulations and laying before the legislature
- Sections 79 and 80: bar of civil court jurisdiction and cognizance of offences
- Sections 20 and 21: establishment and composition of the Authority
- 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.