Section 42 RERA: Functions of Central Advisory Council

Section 42 of Real Estate (Regulation and Development) Act, 2016: Functions of Central Advisory Council

Official Bare Act Text

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

(1) The functions of the Central Advisory Council shall be to advise and recommend the Central Government,--

(a) on all matters concerning the implementation of this Act;

(b) on major questions of policy;

(d) to foster the growth and development of the real estate sector;

(e) on any other matter as may be assigned to it by the Central Government.

(2) The Central Government may specify the rules to give effect to the recommendations of the Central Advisory Council on matters as provided under sub-section (1).

Legal Commentary & Landmark Judgments: Section 42

Section 42 defines the operational functions of the Central Advisory Council regarding consumer protection, implementation monitoring, and real estate policy recommendations.

Policy Advisory Functions: Advising the Central Government on all matters concerning the implementation of the Act across States and UTs.
Consumer Protection Evaluation: Assessing the efficacy of state-level consumer grievance redressal systems and recommending structural improvements.
Market Growth Recommendations: Fostering the creation of transparent mortgage frameworks, digital land records, and sustainable real estate development.

Key Landmark Precedents:

Pioneer Urban Land & Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416: The Supreme Court noted the ongoing harmonizing efforts of the CAC in aligning consumer rights under RERA, the Consumer Protection Act, and the Insolvency and Bankruptcy Code.
Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India, 2017 SCC OnLine Bom 9302: Recognized CAC functions as essential for maintaining national legislative coherence in the housing sector.

Courtroom Practice & Strategic Litigation Guidance:

Cite CAC recommendations on escrow fund monitoring to reinforce statutory arguments against developers siphoning project receivables into parent company accounts.

Section 42: Functions of Central Advisory Council

Section 42 of Real Estate (Regulation and Development) Act, 2016: Functions of Central Advisory Council

Legal Commentary & Landmark Judgments: Section 42