Section 50: Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office

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 50

Section 50 provides for the administrative infrastructure, registrar, registry officers, and supporting staff required for the functioning of the Real Estate Appellate Tribunal.

  • Registry Provision: Appropriate Government provides the Appellate Tribunal with a Registrar and such other officers and employees as necessary.
  • Discharge of Judicial Functions: Officers and staff discharge their functions under the general superintendence of the Chairperson of REAT.
  • Court Management: Registry manages electronic cause lists, filings, scrutiny of appeals, statutory pre-deposits under Section 43(5), and certified copy issuance.
Key Landmark Precedents:
  • Brij Mohan Lal v. Union of India, (2012) 6 SCC 502: The Supreme Court underscored that modern tribunals cannot function effectively without adequate administrative registry personnel and modern technological infrastructure.
  • State of Maharashtra v. Labour Law Practitioners' Association, (1998) 2 SCC 688: Reaffirmed that court registry officials exercise essential ancillary judicial powers under the direction of the presiding judges.
Courtroom Practice & Strategic Litigation Guidance:

Ensure all appeals submitted to the REAT Registry strictly comply with local Appellate Tribunal filing rules, including certified copies of the impugned order and demand draft proof of pre-deposit.