MISCELLANEOUSCentral
Section 82 of The Real Estate (Regulation and Development) Act, 2016.
- (1)If, at any time, the appropriate Government is of the opinion,---
- (a)that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
- (b)that the Authority has persistently defaulted in complying with any direction given by the appropriate Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or
- (c)that circumstances exist which render it necessary in the public interest so to do, the appropriate Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the President or the Governor, as the case may be, may direct to exercise powers and discharge functions under this Act: Provided that before issuing any such notification, the appropriate Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority.
- (2)Upon the publication of a notification under sub-section (1) superseding the Authority,---
- (a)the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such;
- (b)all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and
- (c)all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the appropriate Government.
- (3)On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the appropriate Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment.
- (4)The appropriate Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament or, as the case may be, before the State Legislature, or the Union Territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House.
Summary
- The Government can take over the Authority if it fails to do its job or for public interest.
- This take over, called supersession, can last for a maximum of six months at a time.
- The Government must give the Authority a fair chance to explain itself before taking this step.
- Once superseded, the Chairperson and Members must immediately leave their offices.
- All property and powers of the Authority temporarily transfer to the Government during this period.
- The Government must eventually reconstitute the Authority by appointing new members.
Practical examples
1The State Government notices that the local Real Estate Authority has not processed a single registration in four months and decides to supersede it to fix the backlog.
2Following a massive financial scandal within the Authority's leadership, the Government uses its power to remove the members and manage the office directly for ninety days.
FAQ
1. For how long can the Government supersede the Authority under Section 82 of The Real Estate (Regulation and Development) Act, 2016?
Under Section 82 of the Real Estate Act, the period of supersession cannot exceed six months.
2. What happens to the property of the Authority during supersession under Section 82 of The Real Estate (Regulation and Development) Act, 2016?
Section 82 of the Real Estate Act states that all properties owned or controlled by the Authority vest in the appropriate Government until it is reconstituted.
3. Does the Government have to report the supersession of an Authority under Section 82 of The Real Estate (Regulation and Development) Act, 2016?
Yes, Section 82 of the Real Estate Act requires the Government to lay a full report and the notification before Parliament or the State Legislature.
Test yourself
Q1.Under Section 82 of The Real Estate (Regulation and Development) Act, 2016, which is a valid reason for the Government to supersede the Authority?
Q2.What is the mandatory first step before the Government can issue a notification to supersede the Authority under Section 82 of the Real Estate Act?
Q3.When the Authority is superseded under Section 82 of The Real Estate (Regulation and Development) Act, 2016, who exercises its powers?
Q4.If a Member is removed because the Authority was superseded under Section 82 of the Real Estate Act, can they be re-appointed later?