Sections 89 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.
Section 89 gives the Act priority over inconsistent provisions of other laws. Section 90 protects the appropriate Government, the Authority and their officers and staff from suits, prosecutions and other legal proceedings for anything done, or intended to be done, in good faith under the Act or the rules or regulations. If you are in a dispute where another law points in a different direction, our legal dispute resolution team can help you work out which provision applies.
The provisions of the Act "shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force" (89). No suit, prosecution or other legal proceedings shall lie against the appropriate Government, the Authority, any officer of the Government or any member, officer or other employee of the Authority for anything which is in good faith done or intended to be done under the Act or the rules or regulations (90).
Sections 89 and 90 at a glance
| Section | Subject | Key point |
|---|---|---|
| 89 | Overriding effect | Act prevails over inconsistent provisions in any other law for the time being in force |
| 90 | Protection | No suit, prosecution or legal proceedings against listed persons for acts in good faith under the Act, rules or regulations |
Section 89: the overriding clause
"The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force." (The printed text splits "inconsis-tent" across lines.)
What it does. Where a provision of the RERA Act and a provision of another law are inconsistent, the RERA Act's provision prevails. The test is inconsistency: if the two can stand together, the clause is not engaged.
Where it fits. Section 88 says the Act is in addition to, and not in derogation of, other laws. Section 89 says it prevails where there is inconsistency. In plain terms: other laws stay on the books (88), but if one of their provisions conflicts with the Act, the Act wins (89). The sections are discussed together with section 88 in our article on sections 87 and 88.
What the text does not say.
- It does not name the laws it overrides.
- It does not say whether the Act prevails over a later law; it speaks of "any other law for the time being in force", which on its words covers laws in force at any time the question arises.
- It does not say how a conflict between a RERA provision and State law is to be treated beyond these words.
Examples of where inconsistency may arise. The Act itself refers to several other laws: the Code of Civil Procedure, the Code of Criminal Procedure and the Consumer Protection Act, 1986 (now replaced by the Consumer Protection Act, 2019). See our articles on section 53, section 70 and section 71. Section 70 begins with "Notwithstanding anything contained in the Code of Criminal Procedure, 1973", an express override of its own. Section 79 bars civil courts. We list these only as places where the text itself notes the Act's relation to another law; we do not predict how any conflict will be resolved.
Section 90: protection of good-faith action
"No suit, prosecution or other legal proceedings shall lie against the appropriate Government or the Authority or any officer of the appropriate Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder."
| Element | In the text |
|---|---|
| Who is protected | The appropriate Government; the Authority; any officer of the appropriate Government; any member, officer or other employee of the Authority |
| What is barred | Suit, prosecution or other legal proceedings |
| What is covered | Anything done, or intended to be done, in good faith |
| Under what | The Act or the rules or regulations made under it |
Points to read carefully:
- Good faith is the condition. Protection depends on the act being "in good faith done or intended to be done". An act done in bad faith falls outside it. The Act does not define good faith.
- "Intended to be done". The protection also covers an act not yet done but intended.
- The list of protected persons is specific. It names the appropriate Government, the Authority, officers of the appropriate Government, and members, officers and employees of the Authority. It does not name the Appellate Tribunal, its Chairperson, Members or staff, or the adjudicating officer, who are dealt with in section 87 as public servants. The text is silent on whether section 90 reaches them. We flag that gap rather than fill it.
- It protects against proceedings, not against appeal. Section 90 bars suit, prosecution and other legal proceedings against the persons listed. It does not say an order of the Authority cannot be appealed; appeals lie to the Appellate Tribunal under section 44 and then to the High Court under section 58. See our article on section 44 and our article on section 58.
- It does not shield acts outside the Act. The protection is for things done under the Act, rules or regulations.
What this means for buyers, promoters and agents
- If you disagree with an Authority order, your remedy is the appeal route, not a suit against the Authority or its staff.
- If you believe an officer acted in bad faith, section 90 does not protect him, but the Act does not set out a procedure for such a complaint. It is silent.
- If you cite another law against a RERA provision, be ready for the argument that section 89 prevails over an inconsistent provision.
For how the Act sits with consumer remedies, see RERA vs Consumer Forum: Where to File.
Example. The Authority, acting under its regulations, issues a direction on how a promoter must display project details. The promoter argues that a provision of another statute points the other way. If the two provisions are truly inconsistent, section 89 gives priority to the Act. Separately, the promoter cannot sue the Authority's officers for issuing the direction if it was done in good faith under the Act, rules or regulations; the promoter's route is an appeal.
Need help with a conflict of laws or a challenge to an Authority action?
These two sections shape what you can and cannot do against the Authority and where a conflict between laws will be decided. We can review the order, the provisions involved and your options. Contact legal dispute resolution.
Key takeaways
- The Act prevails over inconsistent provisions of any other law in force (89).
- Section 88 preserves other laws; section 89 gives the Act priority where they conflict.
- No suit, prosecution or proceedings lie against the Government, the Authority or their officers for acts done in good faith (90).
- The protected list does not name the Appellate Tribunal or the adjudicating officer; the text is silent on them.
- Appeals under sections 44 and 58 remain the route against orders.
Read next
- Sections 87 and 88: public servants and application of other laws
- Sections 91 and 92: removal of difficulties and repeal
- Sections 79 and 80: bar of civil court jurisdiction and cognizance of offences
- 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.