Section 47: Term of office of Chairperson and Members

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 47

Section 47 prescribes the fixed five-year term of office, retirement age ceilings, and post-retirement commercial restrictions for the Chairperson and Members of the Real Estate Appellate Tribunal.

  • Five-Year Fixed Tenure: Chairperson and Members hold office for a term of up to 5 years from the date of entering office.
  • Age Ceilings: Chairperson cannot hold office past 67 years of age; Judicial and Technical Members cannot serve past 65 years.
  • Bar on Reappointment: Chairperson and Members are strictly ineligible for reappointment to the same position.
  • Two-Year Cooling-Off Period: Barred from taking any employment with or representing any promoter, developer, or real estate entity for 2 years following retirement.
Key Landmark Precedents:
  • Rojer Mathew v. South Indian Bank Ltd., (2020) 6 SCC 1: The Constitution Bench settled that security of tenure and statutory age limits without executive renewal are vital safeguards preventing regulatory bias and judicial subservience.
  • P. Venugopal v. Union of India, (2008) 5 SCC 1: Reaffirmed that statutory tenure cannot be curtailed prematurely by executive discretion or rule alterations.
Courtroom Practice & Strategic Litigation Guidance:

Verify the appointment gazette notification to confirm that tribunal members have not crossed statutory age limits, ensuring orders are not vulnerable to coram non judice challenges.