Monthly Archives: April 2016

Right to Legal Representation – The Real Estate (Regulation and Development) Act, 2016

 

The most awaited RERA Bill now becomes the separate ACT i.e. The Real Estate (Regulation & Development) Act, 2016.There are total 92 Sections in RERA Act, 2016. The most interesting point is from now Chartered Accountant, Cost & Management Accountant and Company Secretary also have right to present the case before Appellate Tribunal or the Regulatory Authority or the Adjudicating Officer, as the case may be. Any Individual also have right to present his case before the said Tribunal.

Section 56 – 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 Legal Practitioners (Advocate) or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be.

Kindly noted that as per Section 53(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 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 and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examinations of witnesses or documents;

(e) reviewing its decisions;

(f) dismissing an application for default or directing it ex parte; and

(g) any other matter which may be prescribed.

Section 53(3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872.

Section 53 (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.