Section 28 RERA: Officers and other employees of Authority

Section 28 of Real Estate (Regulation and Development) Act, 2016: Officers and other employees of Authority

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The appropriate Government may, in consultation with the Authority appoint such officers and employees as it considers necessary for the efficient discharge of their functions under this Act who would discharge their functions under the general superintendence of the Chairperson.

(2) The salary and allowances payable to, and the other terms and conditions of service of, the officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be prescribed.

Legal Commentary & Landmark Judgments: Section 28

Section 28 regulates the administrative meetings, quorum, and voting procedures of the Real Estate Regulatory Authority.

Meetings & Venue: Authority meets at such times and places and observes such procedural rules as provided by regulations.
Majority Decision: Questions coming before meetings are decided by a majority of votes of the Members present and voting.
Casting Vote of Presiding Member: In the event of an equality of votes, the Chairperson or presiding Member exercises a second or casting vote.
Quorum Requirement: Prescribed minimum quorum must be present for valid administrative decisions and regulatory notifications.

Key Landmark Precedents:

PTC India Ltd. v. Central Electricity Regulatory Commission, (2010) 4 SCC 603: The Constitution Bench settled that regulatory bodies exercising delegated legislative powers must strictly follow collective deliberative procedures and quorum rules.
DTC v. DTC Mazdoor Congress, 1991 Supp (1) SCC 600: Affirmed that collegiate decision-making protects statutory bodies against unilateral executive excess.

Courtroom Practice & Strategic Litigation Guidance:

General circulars and procedural directions issued by RERA must stem from a duly convened meeting complying with Section 28 quorum mandates to withstand legal scrutiny in High Court writ jurisdiction.

Section 28: Officers and other employees of Authority

Section 28 of Real Estate (Regulation and Development) Act, 2016: Officers and other employees of Authority

Legal Commentary & Landmark Judgments: Section 28