Section 41: Establishment of Central Advisory Council

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 41

Section 41 establishes the Central Advisory Council (CAC) to advise the Central Government on major policy issues, consumer welfare measures, and nationwide implementation of RERA.

  • Statutory Council Establishment: Central Government establishes the Central Advisory Council by notification.
  • Composition: Chaired ex officio by the Union Minister of Housing and Urban Affairs, with Members from Central Ministries, State RERA Authorities, consumer organizations, and industry bodies.
  • Nationwide Harmonization: Recommends policy measures to eliminate interstate disparities in RERA rules, foster model builder-buyer agreements, and protect homebuyer investments across the country.
Key Landmark Precedents:
  • Forum for People's Collective Efforts v. State of West Bengal, (2021) 8 SCC 599: The Supreme Court referenced CAC policy deliberations to emphasize that Parliament intended RERA to establish an exhaustive, uniform nationwide code protecting real estate consumers.
  • Consumer Online Foundation v. Union of India, (2011) 5 SCC 360: Affirmed that statutory advisory councils play a vital consultative role in guiding executive policymaking in regulated sectors.
Courtroom Practice & Strategic Litigation Guidance:

Model agreements, escrow accounting rules, and consumer guidelines formulated by the Central Advisory Council provide persuasive guidance during statutory interpretation before High Courts.