Sections 87 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.
Two short sections, two very different effects. Section 87 deems the Chairperson, Members and staff of the Authority, the Appellate Tribunal and the adjudicating officer to be public servants within the meaning of section 21 of the Indian Penal Code. Section 88 says the Act is "in addition to, and not in derogation of" any other law in force, which is the provision buyers rely on when they ask whether RERA closes other doors. If you are weighing remedies, our legal consultation service can help you compare them.
The Chairperson, Members and other officers and employees of the Authority, the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (87). The provisions of the Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force (88). Section 89 separately says the Act has overriding effect over inconsistent provisions of other laws.
Sections 87 and 88 at a glance
| Section | Subject | Key point |
|---|---|---|
| 87 | Public servants | Chairperson, Members, officers and employees of the Authority and the Appellate Tribunal, and the adjudicating officer, are deemed public servants within the meaning of section 21 of the Indian Penal Code |
| 88 | Other laws | The Act is in addition to, and not in derogation of, any other law for the time being in force |
Section 87: who is a public servant
"The Chairperson, Members and other officers and employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code."
Covered by the words:
- the Chairperson and Members of the Authority;
- the officers and employees of the Authority;
- the Appellate Tribunal: the printed text lists "the Appellate Tribunal" without repeating "Chairperson, Members, officers and employees", but the sentence is read as covering the Tribunal's Chairperson, Members, officers and employees (the Act refers to them in sections 45 to 52). We flag the wording;
- the adjudicating officer appointed under section 71; see our article on section 71.
What the deeming means. Being a public servant under that definition brings with it the rules of the Indian Penal Code that apply to public servants, for example on bribery and on offences against them. The Act does not list those consequences, and this article does not describe them.
Note: from 1 July 2024 the Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023. The Act is quoted as enacted; we give no new section numbers.
The section does not apply to the Central Advisory Council members (section 41) by its words, nor does it mention them. The text is silent on that.
Section 90 gives these persons protection for acts done in good faith; see our article on sections 89 and 90.
Section 88: in addition to other laws
"The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force."
What it says. The Act adds to the existing law; it does not cut it down. Where another law gives a person a right or a remedy, the RERA Act, on its face, does not take it away.
What it does not say. The section does not tell a buyer which forum to choose, or whether two forums can be approached for the same grievance. Our guide on RERA vs Consumer Forum looks at that in practice. The text must also be read with:
| Provision | Effect, as printed |
|---|---|
| Section 79 | No civil court has jurisdiction over matters the Authority, adjudicating officer or Tribunal is empowered to determine; no injunction |
| Section 71(1) proviso | A complaint pending before a consumer forum on or before commencement could be withdrawn, with permission, and filed before the adjudicating officer |
| Section 88 | In addition to, and not in derogation of, any other law |
| Section 89 | Overriding effect over inconsistent provisions of any other law |
The four provisions pull in different directions on their face. Sections 88 and 89 are placed next to each other, one preserving other laws and one overriding inconsistent ones, and the Act gives no rule for combining them. We do not resolve that here; the text is silent.
Practical reading for different readers
A home buyer. The Act does not say your other legal rights vanish. Before choosing a forum, check the State rules and the text of sections 79 and 89, and the current position on each remedy.
A promoter. Section 88 means that obligations under other laws, such as company law, tax law or local building rules, continue alongside the Act. See RERA Compliance Checklist for Builders and our guides on GST for real estate and IBC for real estate companies.
An agent. Registration under section 9 does not replace any other licence or registration that the agent may need; see Licenses and Registrations Required for a Real Estate Agency.
Example. A buyer in a delayed project has rights under the agreement and under general law. Section 88 says the RERA Act is in addition to those. If the buyer files before the adjudicating officer for compensation under section 18, section 79 stops a civil suit on the same matter, but the text of section 88 on its face preserves other laws; which route is available in a given case depends on the forum and on the State rules.
Need help choosing a remedy?
Whether to go to the Authority, the adjudicating officer, a consumer forum or another forum turns on your facts and the State rules. We can compare the routes and help you file. See our legal consultation service.
Key takeaways
- The Authority's and Tribunal's Chairperson, Members, officers and staff, and the adjudicating officer, are deemed public servants under section 21 of the Indian Penal Code.
- The IPC was replaced by the BNS from 1 July 2024; the Act is quoted as enacted.
- The Act is in addition to, and not in derogation of, any other law in force.
- Sections 79, 88 and 89 must be read together; the Act gives no combining rule.
- Other legal obligations of promoters and agents continue alongside the Act.
Read next
- Sections 89 and 90: overriding effect and protection of action in good faith
- Sections 79 and 80: bar of civil court jurisdiction and cognizance of offences
- RERA vs Consumer Forum: Where to File
- Introduction to RERA 2016: Complete Guide
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.