Chapter VI THE REAL ESTATE APPELLATE TRIBUNAL

Establishment of Real Estate Appellate Tribunal.-(1) The Government shall, within a period of six months from the date of coming into force of this Act, by notification, establish an Appellate Tribunal to be known as the Real Estate Appellate Tribunal.

1. (2) Any person aggrieved by any direction or decision or order made by the Authority may prefer an appeal before the Appellate Tribunal.

Application for settlement of disputes and appeals to Appellate Tribunal.-(1) The Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority may prefer an appeal to the Appellate Tribunal.

1. (2) Every appeal made under sub-section (1) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the Authority is received by the Government or the competent authority or the aggrieved person and it shall be in such form, and accompanied by such fee, as may be prescribed: Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filing it within that period.
2. (3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders as it thinks fit.
3. (4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority.
4. (5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and dispose it within a period of sixty days from the date of receipt of appeal: Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
5. (6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fit.

Composition of Appellate Tribunal.-The Appellate Tribunal shall consist of a Chairperson and two other members to be appointed by the Government.

Qualifications for appointment as Chairperson and Members.-(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,-

1. (a) in the case of Chairperson, is or has been, a judge of the High Court; and
2. (b) in the case of a Member, has held the post of the Principal Secretary to the Government or any equivalent post under the Government of India, or a person who is well-versed in the field of urban development, real estate, finance, law or management.

1. (2) The Chairperson of the Appellate Tribunal shall be appointed by the Government in consultation with the Chief Justice of High Court or his nominee and the members shall be appointed by the Government.

Term of office of Chairperson and Members.-(1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment: Provided that in case a person who is or has been a Judge of a High Court, has been appointed as Chairperson of the Tribunal, he shall not hold office after he has attained the age of sixty seven years: Provided further that no Member of the Appellate Tribunal shall hold office after he has attained the age of sixty five years.

1. (2) Before appointing any person as, Chairperson or Member, the Government shall satisfy itself that the person does not have any such financial or other interests, as is likely to affect prejudicially his functions as such Member.

Salary and allowances payable to Chairperson and Members.-(1) The salary and allowances payable to and the other terms and conditions of service of, the Chairperson and other Members shall be such, as may be prescribed and shall not be varied to their disadvantage during their tenure.

1. (2) Notwithstanding anything contained in sub-sections (1) and (2) of section 40, the Chairperson or a Member, as the case may be, may:-
   • (a) relinquish his office by giving in writing to the Government a notice of not less than three months;
   • (b) be removed from his office in accordance with the provisions of section 43.
2. (3) A vacancy in the office of the Chairperson or any other Member, as the case may be, shall be filled-up within a period of six months from the date on which such vacancy occurs.

Removal of Chairperson or Member from office in certain circumstances.-(1) The Government may, in consultation with the Chief Justice of the High Court, remove from office, the Chairperson or any Member of the Appellate Tribunal, who,-

1. (a) has been adjudged as an insolvent; or
2. (b) has been convicted of an offence which, in the opinion of the Government involves moral turpitude; or
3. (c) has become physically or mentally incapable; or
4. (d) has acquired such financial or other interests as is likely to affect prejudicially his functions; or
5. (e) has so abused his position as to render his continuance in office prejudicial to public interest.

1. (2) The Chairperson or a Member shall not be removed from his office except by an order made by the Government after an inquiry made by a Judge of the High Court in which such Chairperson has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
2. (3) The Government may suspend a person from the office of the Chairperson or Member, in respect of whom a reference of conducting an inquiry has been made to the Judge of the High Court under sub-section (2), until the Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference.
3. (4) The Government may, by rules, regulate the procedure for inquiry referred to in sub-section (2).
4. (5) A member may be removed from his office by an order of the Government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the Government:

Officers and other employees of Appellate Tribunal Officers and other employees of Appellate Tribunal.-(1) The Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.

1. (2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson.
2. (3) The salary and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as, may be prescribed.

Vacancies.-If, for reason other than temporary absence, any vacancy in the office of the Chairperson or a Member of the Appellate Tribunal, the Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.

Powers of Appellate Tribunal.-

1. (1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act 5 of 1908) but shall be guided by the principles of natural justice.
2. (2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own procedure.
3. (3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872).
4. (4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:-
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery, inspection and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) reviewing its decisions;
   • (f) dismissing an application for default or disposing it ex parte; and
   • (g) any other matter which may be prescribed.

Administrative powers of Chairperson of the Appellate Tribunal.-The Chairperson shall have powers of general superintendence of the tribunal and direction in the conduct of the affairs of Appellate Tribunal and he shall, in addition to presiding over the meetings of the Appellate Tribunal, exercise and discharge such administrative and financial powers and functions of the Appellate Tribunal as may be prescribed.

Right to legal representation.-The applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or advocates or any of its officers to present his or its case before the Appellate Tribunal. Explanation.-For the purposes of this Section,-

1. (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (Central Act 38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
2. (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (Central Act 56 of 1980) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
3. (c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (Central Act 23 of 1959) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act.

Orders passed by Appellate Tribunal to be executable as a decree.-

1. (1) Every order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
2. (2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

Appeal to High Court.-

1. (1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court of Kerala within a period of ninety days from the date of communication of the decision or order of the Appellate Tribunal, to him, on anyone or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908): Provided that the High Court may, entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
2. (2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the mutual consent of the parties.