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Himachal Pradesh modifies RERA rules, transfers selection power to Chief Secretary

#Law & Policy#Residential#India#Himachal Pradesh
Last Updated : 6th Dec, 2025
Synopsis

The Himachal Pradesh state assembly has passed the RERA Amendment Bill amid opposition protests and a walkout. The bill shifts the authority to select the RERA chairperson and members from a committee led by the High Court Chief Justice to one headed by the State Chief Secretary. The new panel will include the Housing Department Secretary and the Law Secretary, with provisions for another senior official to step in if needed. The amendment also replaces the five-year term with a fixed, non-renewable four-year tenure. Opposition leaders argued the change reduces judicial oversight and violates the spirit of the central RERA Act, while the government said it will improve efficiency and speed up appointments.

In a session marked by protest and walkout from opposition legislators, the state assembly cleared the RERA Amendment Bill. Previously, the committee responsible for recommending the RERA chairperson and members was headed by the High Court Chief Justice. The new law places this authority instead under the State Chief Secretary.


Under the revamped structure, the selection committee will comprise the Chief Secretary as Chairperson, the Housing Department Secretary as Member-Convener, and the Law Secretary as a member. In cases where the Chief Secretary has a conflict - for example, if the post is vacant or the incumbent is applying for appointment - an Additional Chief Secretary or another senior Secretary-level officer may lead the committee.

The amendment also revises the term of appointment: instead of the prior five-year term (subject to certain age limits), the chairperson and members will now serve a fixed non-renewable four-year term.

During the debate, opposition leaders - including those from the leading non-ruling party - challenged the move, arguing that the central framework under Real Estate (Regulation and Development) Act, 2016 (RERA Act) did not authorise such a change, and that judicial oversight is critical to ensure transparency and fairness in appointments. The opposition walked out just before the bill was passed by voice vote. Supporters of the amendment, including the state's Town and Country Planning minister, argued that the change promotes executive efficiency and ensures timely appointments, pointing to the concurrent-list powers of the state.

With the amendment now passed, the revised rules will take effect once the state receives the requisite presidential assent.

Source: PTI

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