46Qualifications for appointment of Chairperson and Members
(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,—
(a) in the case of Chairperson, is or has been a Judge of a High Court; and
(b) in the case of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and
(c) in the case of a Technical or Administrative Member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post in the Central Government or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in consultation with the Chief Justice of High Court or his nominee.
(3) The Judicial Members and Technical or Administrative Members of the Appellate Tribunal shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary and in such manner as may be prescribed.
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- 43 Establishment of Real Estate Appellate Tribunal
- 44 Application for settlement of disputes and appeals to Appellate Tribunal
- 45 Composition of Appellate Tribunal
- 46 Qualifications for appointment of Chairperson and Members
- 47 Term of office of Chairperson and Members
- 48 Salary and allowances payable to Chairperson and Members
- 49 Removal of Chairperson and Member from office in certain circumstances
- 50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office
- 51 Officers and other employees of Appellate Tribunal
- 52 Vacancies
- 53 Powers of Tribunal
- 54 Administrative powers of Chairperson of Appellate Tribunal
- 55 Vacancies, etc., not to invalidate proceeding of Appellate Tribunal
- 56 Right to legal representation
- 57 Orders passed by Appellate Tribunal to be executable as a decree
- 58 Appeal to High Court