The real estate (regulation and development) act, 2016

{
    "id": 9814,
    "slug": "real-estate-regulation-and-development-act-2016",
    "title": "The real estate (regulation and development) act, 2016",
    "short_title": "The real estate (regulation and development) act, 2016",
    "act_number": "17",
    "act_year": 2016,
    "act_type": "STATE",
    "location": "Andaman and Nicobar Islands",
    "law_status": "unknown",
    "enactment_date": "2016-03-26",
    "description": "The real estate (regulation and development) act, 2016",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. (1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.",
            "chapter": null,
            "content": "(2) It extends to the whole of India except the State of Jammu and Kashmir.\n(3) It shall come into force on such date as the Central Government may, by notification\nin the Official Gazette, appoint:\nShort title,\nextent and\ncommence-\nment.\njftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—16\nvlk/kkj.k\nEXTRAORDINARY\nHkkx  II — [k.M 1\nPART II — Section 1\nizkf/kdkj ls izdkf'kr\nPUBLISHED  BY  AUTHORITY\nlañ 17] ubZ fnYyh] 'kfuokj] ekpZ 26] 2016@pS= 6] 1938 ¼'kd½\nNo. 17]  NEW DELHI, SATURDAY, MARCH 26, 2016/CHAITRA 6, 1938 (SAKA)\nbl Hkkx esa fHkUu i`\"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA\nSeparate paging is given to this Part in order that it may be filed as a separate compilation.\nREGISTERED NO. DL—(N)04/0007/2003—16\nMINISTRY OF LAW AND JUSTICE\n(Legislative Department)\nNew Delhi, the 26th March, 2016/Chaitra 6, 1938 ( Saka)\nThe following Act of  Parliament received the assent of the President on the\n25th March, 2016,  and is hereby published for general information:—\n\n2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\nProvided that different dates may be appointed for different provisions of this Act and\nany reference in any such provision to the commencement of this Act shall be construed as\na reference to the coming into force of that provision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2. In this Act, unless the context otherwise requires,—",
            "chapter": null,
            "content": "(a) \"adjudicating officer\" means the adjudicating officer appointed under\nsub-section (1) of section 71;\n(b) \"advertisement\" means any document described or issued as advertisement\nthrough any medium and includes any notice, circular or other documents or publicity\nin any form, informing persons about a real estate project, or offering for sale of a plot,\nbuilding or apartment or inviting persons to purchase in any manner such plot, building\nor apartment or to make advances or deposits for such purposes;\n(c) \"agreement for sale\" means an agreement entered into between the promoter\nand the allottee;\n(d) \"allottee\" in relation to a real estate project, means the person to whom a plot,\napartment or building, as the case may be, has been allotted, sold (whether as freehold\nor leasehold) or otherwise transferred by the promoter, and includes the person who\nsubsequently acquires the said allotment through sale, transfer or otherwise but does\nnot include a person to whom such plot, apartment or building, as the case may be, is\ngiven on rent;\n(e) \"apartment\" whether called block, chamber, dwelling unit, flat, office,\nshowroom, shop, godown, premises, suit, tenement, unit or by any other name, means\na separate and self-contained part of any immovable property, including one or more\nrooms or enclosed spaces, located on one or more floors or any part thereof, in a\nbuilding or on a plot of land, used or intended to be used for any residential or commercial\nuse such as residence, office, shop, showroom or godown or for carrying on any\nbusiness, occupation, profession or trade, or for any other type of use ancillary to the\npurpose specified;\n(f) \"Appellate Tribunal \" means the Real Estate Appellate Tribunal established\nunder section 43;\n(g) \"appropriate Government\" means in respect of matters relating to,—\n(i) the Union territory without Legislature, the Central Government;\n(ii) the Union territory of Puducherry, the Union territory Government;\n(iii) the Union territory of Delhi, the Central Ministry of Urban Development;\n(iv) the State, the State Government;\n(h) \"architect\" means a person registered as an architect under the provisions of\nthe Architects Act, 1972;\n(i) \"Authority\" means the Real Estate Regulatory Authority established under\nsub-section (1) of section 20;\n(j) \"building\"  includes any structure or erection or part of a structure or erection\nwhich is intended to be used for residential, commercial or for the purpose of any\nbusiness, occupation, profession or trade, or for any other related purposes;\n(k) \"carpet area\" means the net usable floor area of an apartment, excluding the\narea covered by the external walls, areas under services shafts, exclusive balcony or\nverandah area and exclusive open terrace area, but includes the area covered by the\ninternal partition walls of the apartment.\nExplanation.— For the purpose of this clause, the expression \"exclusive balcony\nor verandah area\" means the area of the balcony or verandah, as the case may be,\nDefinitions.\n20 of 1972.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3\nwhich is appurtenant to the net usable floor area of an apartment, meant for the exclusive\nuse of the allottee; and \"exclusive open terrace area\" means the area of open terrace\nwhich is appurtenant to the net usable floor area of an apartment, meant for the exclusive\nuse of the allottee;\n(l) \"Chairperson\" means the Chairperson of the Real Estate Regulatory Authority\nappointed under section 21;\n(m) \"commencement certificate\" means the commencement certificate or the\nbuilding permit or the construction permit, by whatever name called issued  by the\ncompetent authority to allow or permit the promoter to begin development works on an\nimmovable property, as per the sanctioned plan;\n(n) \"common areas\" mean—\n(i) the entire land for the real estate project or where the project is developed\nin phases and registration under this Act is sought for a phase, the entire land for\nthat phase;\n(ii) the stair cases, lifts, staircase and lift lobbies, fir escapes, and common\nentrances and exits of buildings;\n(iii) the common basements, terraces, parks, play areas, open parking areas\nand common storage spaces;\n(iv) the premises for the lodging of persons employed for the management\nof the property including accommodation for watch and ward staffs or for the\nlodging of community service personnel;\n(v) installations of central services such as electricity, gas, water and\nsanitation, air-conditioning and incinerating, system for water conservation and\nrenewable energy;\n(vi) the water tanks, sumps, motors, fans, compressors, ducts and all\napparatus connected with installations for common use;\n(vii) all community and commercial facilities as provided in the real estate\nproject;\n(viii) all other portion of the project necessary or convenient for its\nmaintenance, safety, etc., and in common use;\n(o) \"company\" means a company incorporated and registered under the\nCompanies Act, 2013 and includes,—\n(i) a corporation established by or under any Central Act or State Act;\n(ii) a development authority or any public authority established by the\nGovernment in this behalf under any law for the time being in force;\n(p) \"competent authority\" means the local authority or any authority created or\nestablished under any law for the time being in force by the appropriate Government\nwhich exercises authority over land under its jurisdiction, and has powers to give\npermission for development of such immovable property;\n(q) \"completion certificate\" means the completion certificate, or such other\ncertificate, by whatever name called, issued by the competent authority certifying that\nthe real estate project has been developed according to the sanctioned plan, layout\nplan and specifications, as approved by the competent authority under the local laws;\n(r) \"day\" means the working day, in the concerned State or Union territory, as the\ncase may be, notified by the appropriate Government from time to time;\n18 of 2013.\n\n4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(s) \"development\" with its grammatical variations and cognate expressions, means\ncarrying out the development of immovable property, engineering or other operations\nin, on, over or under the land or the making of any material change in any immovable\nproperty or land and includes re-development;\n(t) \"development works\" means the external development works and internal\ndevelopment works on immovable property;\n(u) \"engineer\" means a person who possesses a bachelor's degree or equivalent\nfrom an institution recognised by the All India Council of Technical Education or any\nUniversity or any institution recognised under a law or is registered as an engineer\nunder any law for the time being in force;\n(v) \"estimated cost of real estate project\" means the total cost involved in\ndeveloping the real estate project and includes the land cost, taxes, cess, development\nand other charges;\n(w) \"external development works\" includes roads and road systems landscaping,\nwater supply, seweage and drainage systems, electricity suply transformer, sub-station,\nsolid waste management and disposal or any other work which may have to be executed\nin the periphery of, or outside, a project for its benefit, as may be provided under the\nlocal laws;\n(x) \"family\" includes husband, wife, minor son and unmarried daughter wholly\ndependent on a person;\n(y) \"garage\" means a place within a project having a roof and walls on three sides\nfor parking any vehicle, but does not include an unenclosed or uncovered parking\nspace such as open parking areas;\n(z) \"immovable property\" includes land, buildings, rights of ways, lights or any\nother benefit arising out of land and things attached to the earth or permanently\nfastened to anything which is attached to the earth, but not standing timber, standing\ncrops or grass;\n(za) \"interest\" means the rates of interest payable by the promoter or the allottee,\nas the case may be.\nExplanation.—For the purpose of this clause—\n(i) the rate of interest chargeable from the allottee by the promoter, in case\nof default, shall be equal to the rate of interest which the promoter shall be liable\nto pay the allottee, in case of default;\n(ii) the interest payable by the promoter to the allottee shall be from the\ndate the promoter received the amount or any part thereof till the date the amount\nor part thereof and interest thereon is refunded, and the  interest payable by the\nallottee to the promoter shall be from the date the allottee defaults in payment to\nthe promoter till the date it is paid;\n(zb) \"internal development works\" means roads, footpaths, water supply, sewers,\ndrains, parks, tree planting, street lighting, provision for community buildings and for\ntreatment and disposal of sewage and sullage water, solid waste management and\ndisposal, water conservation, energy management, fire protection and fire safety\nrequirements, social infrastructure such as educational health and other public amenities\nor any other work in a project for its benefit, as per sanctioned plans;\n(zc) \"local authority\" means the Municipal Corporation or Municipality or\nPanchayats or any other Local Body constituted under any law for the time being in\nforce for providing municipal services or basic services, as the case may be, in respect\nof areas under its jurisdication;\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5\n(zd) \"Member\" means the member of the Real Estate Regulatory Authority\nappointed under section 21 and includes the Chaiperson;\n(ze) \"notification\" means a notification published in the Official Gazette and the\nexpression \"notify\" shall be construed accordingly;\n(zf) \"occupancy certificate\" means the occupancy certificate, or such other\ncertificate by whatever name called, issued by the competent authority permitting\noccupation of any building, as provided under local laws, which has provision for civic\ninfrastructure such as water, sanitation and electricity;\n(zg) \"Person\" includes,—\n(i) an individual;\n(ii) a Hindu undivided family;\n(iii) a company;\n(iv) a firm under the Indian Partnership Act, 1932 or the Limited Liability\nPartnership Act, 2008, as the case may be;\n(v) a competent authority;\n(vi) an association of persons or a body of individuals whether incorporated\nor not;\n(vii) a co-operative society registered under any law relating to co-operative\nsocieties;\n(viii) any such other entity as the appropriate Government may, by\nnotification, specify in this behalf;\n(zh) \"planning area\" means a planning area or a development area or a local\nplanning area or a regional development plan area, by whatever name called, or any\nother area specified as such by the appropriate Government or any competent authority\nand includes any area designated by the appropriate Government or the competent\nauthority to be a planning area for future planned development, under the law relating\nto Town and Country Planning for the time being in force and as revised from time to\ntime;\n(zi) \"prescribed\" means prescribed by rules made under this Act;\n(zj) \"project\" means the real estate project as defined in cluase (zn);\n(zk) \"promoter\" means,—\n(i) a person who constructs or causes to be constructed an independent\nbuilding or a building consisting of apartments, or converts an existing building\nor a part thereof into apartments, for the purpose of selling all or some of the\napartments to other persons and includes his assignees; or\n(ii) a person who develops land into a project, whether or not the person\nalso constructs structures on any of the plots, for the purpose of selling to other\npersons all or some of the plots in the said project, whether with or without\nstructures thereon; or\n(iii) any development authority or any other public body in respect of\nallottees of—\n(a) buildings or apartments, as the case may be, constructed by\nsuch authority or body on lands owned by them or placed at their disposal\nby the Government; or\n9 of 1932.\n6 of 2009.\n\n6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(b) plots owned by such authority or body or placed at their disposal\nby the Government,\nfor the purpose of selling all or some of the apartments or plots; or\n(iv) an apex State level co-operative housing finance society and a primary\nco-operative housing society which constructs apartments or buildings for its\nMembers or in respect of the allottees of such apartments or buildings; or\n(v) any other person who acts himself as a builder, coloniser, contractor,\ndeveloper, estate developer or by any other name or claims to be acting as the\nholder of a power of attorney from the owner of the land on which the building or\napartment is constructed or plot is developed for sale; or\n(vi) such other person who constructs any building or apartment for sale\nto the general public.\nExplanation.—For the purposes of this clause, where the person who\nconstructs or converts a building into apartments or develops a plot for sale and\nthe persons who sells apartments or plots are different persons, both of them\nshall be deemed to be the promoters and shall be jointly liable as such for the\nfunctions and responsibilities specified, under this Act or the rules and\nregulations made thereunder;\n(zl) \"prospectus\" means any document described or issued as a prospectus or\nany notice, circular, or other document offering for sale or any real estate project or\ninviting any person to make advances or deposits for such purposes;\n(zm) \"real estate agent\" means any person, who negotiates or acts on behalf of\none person in a transaction of transfer of his plot, apartment or building, as the case\nmay be, in a real estate project, by way of sale, with another person or transfer of plot,\napartment or building, as the case may be, of any other person to him and receives\nremuneration or fees or any other charges for his services whether as commission or\notherwise and includes a person who introduces, through any medium, prospective\nbuyers and sellers to each other for negotiation for sale or purchase of plot, apartment\nor building, as the case may be, and includes property dealers, brokers, middlemen by\nwhatever name called;\n(zn) \"real estate project\" means the development of a building or a building\nconsisting of apartments, or converting an existing building or a part thereof into\napartments, or the development of land into plots or apartment, as the case may be, for\nthe purpose of selling all or some of the said apartments or plots or building, as the\ncase may be, and includes the common areas, the development works, all improvements\nand structures thereon, and all easement, rights and appurtenances belonging thereto;\n(zo) \"regulations\" means the regulations made by the Authority under this Act;\n(zp) \"rule\" means the rules made under this Act by the appropriate Government;\n(zq) \"sanctioned plan\" means the site plan, building plan, service plan, parking\nand circulation plan, landscape plan, layout plan, zoning plan and such other plan and\nincludes structural designs, if applicable, permissions such as environment permission\nand such other permissions, which are approved by the competent authority prior to\nstart of a real estate project;\n(zr) words and expressions used herein but not defined in this Act and defined in\nany law for the time being in force or in the municipal laws or such other relevant laws\nof the appropriate Government shall have the same meanings respectively assigned to\nthem in those laws.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7\nCHAPTER II\nREGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS",
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            "sort_order": 1
        },
        {
            "number": "3",
            "title": "Section 3. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons",
            "chapter": null,
            "content": "to purchase in any manner any plot, apartment or building, as the case may be, in any real\nestate project or part of it, in any planning area, without registering the real estate project\nwith the Real Estate Regulatory Authority established under this Act:\nProvided that projects that are ongoing on the date of commencement of this Act and\nfor which the completion certificate has not been issued, the promoter shall make an application\nto the Authority for registration of the said project within a period of three months from the\ndate of commencement of this Act:\nProvided further that if the Authority thinks necessary, in the interest of allottees, for\nprojects which are developed beyond the planning area but with the requisite permission of\nthe local authority, it may, by order, direct the promoter of such project to register with the\nAuthority, and the provisions of this Act or the rules and regulations made thereunder, shall\napply to such projects from that stage of registration.\n(2) Notwithstanding anything contained in sub-section (1), no registration of the real\nestate project shall be required—\n(a) where the area of land proposed to be developed does not exceed five hundred\nsquare meters or the number of apartments proposed to be developed does not exceed\neight inclusive of all phases:\nProvided that, if the appropriate Government considers it necessary, it may,\nreduce the threshold below five hundred square meters or eight apartments, as the\ncase may be, inclusive of all phases, for exemption from registration under this Act;\n(b) where the promoter has received completion certificate for a real estate project\nprior to commencement of this Act;\n(c) for the purpose of renovation or repair or re-development which does not\ninvolve marketing, advertising selling or new allotment of any apartment, plot or\nbuilding, as the case may be, under the real estate project.\nExplanation.—For the purpose of this section, where the real estate project is to\nbe developed in phases, every such phase shall be considered a stand alone real estate\nproject, and the promoter shall obtain registration under this Act for each phase\nseparately.",
            "footnote": "",
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            "sort_order": 2
        },
        {
            "number": "4",
            "title": "Section 4. (1) Every promoter shall make an application to the Authority for registration of the",
            "chapter": null,
            "content": "real estate project in such form, manner, within such time and accompanied by such fee as\nmay be specified by the regulations made by the Authority.\n(2) The promoter shall enclose the following documents along with the application\nreferred to in sub-section (1), namely:—\n(a) a brief details of his enterprise including its name, registered address, type of\nenterprise (proprietorship, societies, partnership, companies, competent authority),\nand the particulars of registration, and the names and photographs of the promoter;\n(b) a brief detail of the projects launched by him, in the past five years, whether\nalready completed or being developed, as the case may be, including the current status\nof the said projects, any delay in its completion, details of cases pending, details of\ntype of land and payments pending;\nPrior\nregistration\nof real estate\nproject with\nReal Estate\nRegulatory\nAuthority.\nApplication\nfor\nregistration\nof real estate\nprojects.\n\n8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(c) an authenticated copy of the approvals and commencement certificate from\nthe competent authority obtained in accordance with the laws as may be applicable for\nthe real estate project mentioned in the application, and where the project is proposed\nto be developed in phases, an authenticated copy of the approvals and commencement\ncertificate from the competent authority for each of such phases;\n(d) the sanctioned plan, layout plan and specifications of the proposed project\nor the phase thereof, and the whole project as sanctioned by the competent authority;\n(e) the plan of development works to be executed in the proposed project and\nthe proposed facilities to be provided thereof including fire fighting facilities, drinking\nwater facilities, emergency evacuation services, use of renewable energy;\n(f) the location details of the project, with clear demarcation of land dedicated for\nthe project along with its boundaries including the latitude and longitude of the end\npoints of the project;\n(g) proforma of the allotment letter, agreement for sale, and the conveyance deed\nproposed to be signed with the allottees;\n(h) the number, type and the carpet area of apartments for sale in the project\nalong with the area of the exclusive balcony or verandah areas and the exclusive open\nterrace areas apartment with the apartment, if any;\n(i) the number and areas of garage for sale in the project;\n(j) the names and addresses of his real estate agents, if any, for the proposed\nproject;\n(k) the names and addresses of the contractors, architect, structural engineer, if\nany and other persons concerned with the development of the proposed project;\n(l) a declaration, supported by an affidavit, which shall be signed by the promoter\nor any person authorised by the promoter, stating:—\n(A) that he has a legal title to the land on which the development is proposed\nalong with legally valid documents with authentication of such title, if such land\nis owned by another person;\n(B) that the land is free from all encumbrances, or as the case may be\ndetails of the encumbrances on such land including any rights, title, interest or\nname of any party in or over such land along with details;\n(C) the time period within which he undertakes to complete the project or\nphase thereof, as the case may be;\n(D) that seventy per cent. of the amounts realised for the real estate project\nfrom the allottees, from time to time, shall be deposited in a separate account to\nbe maintained in a scheduled bank to cover the cost of construction and the land\ncost and shall be used only for that purpose:\nProvided that the promoter shall withdraw the amounts from the separate\naccount, to cover the cost of the project, in proportion to the percentage of\ncompletion of the project:\nProvided further that the amounts from the separate account shall be\nwithdrawn by the promoter after it is certified by an engineer, an architect and a\nchartered accountant in practice that the withdrawal is in proportion to the\npercentage of completion of the project:\nProvided also that the promoter shall get his accounts audited within six\nmonths after the end of every financial year by a chartered accountant in practice,\nand shall produce a statement of accounts duly certified and signed by such\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9\nchartered accountant and it shall be verified during the audit that the amounts\ncollected for a particular project have been utilised for the project and the\nwithdrawal has been in compliance with the proportion to the percentage of\ncompletion of the project.\nExplanation.— For the purpose of this clause, the term \"schedule bank\"\nmeans a bank included in the Second Schduled to the Reserve Bank of India\nAct, 1934;\n(E) that he shall take all the pending approvals on time, from the competent\nauthorities;\n(F) that he has furnished such other documents as may be prescribed by\nthe rules or regulations made under this Act; and\n(m) such other information and documents as may be prescribed.\n(3) The Authority shall operationalise a web  based online system for submitting\napplications for registration of projects within a period of one year from the date of its\nestablishment.",
            "footnote": "",
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            "sort_order": 3
        },
        {
            "number": "5",
            "title": "Section 5. (1) On recipt of the application under sub-section ( 1) of section 4, the Authority",
            "chapter": null,
            "content": "shall within a period of thirty days.\n(a) grant registration subject to the provisions of this Act and the rules and\nregulations made thereunder, and provide a registration number, including a Login Id\nand password to the applicant for accessing the website of the Authority and to create\nhis web page and to fill therein the details of the proposed project; or\n(b)  reject the application for reasons to be recorded in writing,if  such application\ndoes not conform to the provisions of this Act or the rules or regulations made\nthereunder:\nProvided that no application shall be rejected unless the applicant has been given an\nopportunity of being heard in the matter.\n(2) If the Authority fails to grant the registration or reject the application, as the case\nmay be, as provided under sub-section (1), the project shall be deemed to have been registered,\nand the Authority shall within a period of seven days of the expiry of the said period of thirty\ndays specified under sub-section ( 1), provide a registration number and a Login Id and\npassword to the promoter for accessing the website of the Authority  and to create his web\npage and to fill therein the details of the proposed project.\n(3) The registration granted under this section shall be valid for a period declared by\nthe promoter under sub-clause (C) of clause (1) of sub-section (2) of section 4 for completion\nof the project or phase thereof, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "Section 6. The registration granted under section 5 may be extended by the Authority on an",
            "chapter": null,
            "content": "application made by the promoter due to force majeure, in such form and on payment of such\nfee as may be specified by regulations made by the Authority:\nProvided that the Authority may in reasonable circumstances, without default on the\npart of the promoter, based on the facts of each case, and for reasons to be recorded in\nwriting, extend the registration granted to a project for such time as it considers necessary,\nwhich shall, in aggregate, not exceed a period of one year:\nProvided further that no application for extension of registration shall be rejected\nunless the applicant has been given an opportunity of being heard in the matter.\nExplanation.— For the purpose of this section, the expression \"force majeure\" shall\nmean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by\nnature affecting the regular development of the real estate project.\n2 of 1934.\nGrant of\nregistration.\nExtension of\nregistration.\n\n10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "Section 7. (1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the",
            "chapter": null,
            "content": "recommendation of the competent authority, revoke the registration granted under section 5,\nafter being satisfied that—\n(a) the promoter makes default in doing anything required by or under this Act or\nthe rules or the regulations made thereunder;\n(b) the promoter violates any of the terms or conditions of the approval given by\nthe competent authority;\n(c) the promoter is involved in any kind of unfair practice or irregularities.\nExplanation.—For the purposes of this clause, the term \"unfair practice means\" a\npractice which, for the purpose of promoting the sale or development of any real estate\nproject adopts any unfair method or unfair or deceptive practice including any of the following\npractices, namely:—\n(A) the practice of making any statement, whether in writing or by visible\nrepresentation which,—\n(i) falsely represents that the services are of a particular standard or grade;\n(ii) represents that the promoter has approval or affiliation which such\npromoter does not have;\n(iii) makes a false or misleading representation concerning the services;\n(B) the promoter permits the publication of any advertisement or prospectus\nwhether in any newspaper or otherwise of services that are not intended to be offered;\n(d) the promoter indulges in  any fraudulent practices.\n(2) The registration granted to the promoter under section 5 shall not be revoked\nunless the Authority has given to the promoter not less than thirty days notice, in writing,\nstating the grounds on which it is proposed to revoke the registraton, and has considered\nany cause shown by the promoter within the period of that notice against the proposed\nrevocation.\n(3)  The Authority may, instead of revoking the registration under sub-section ( 1),\npermit it to remain in force subject to such further terms and conditions as it thinks fit to\nimpose in the interest of the allottees, and any such terms and conditions so imposed shall be\nbinding upon the promoter.\n(4) The Authority, upon the revocation of the registration,—\n(a) shall debar the promoter from accessing its website in relation to that project\nand specify his name in the list of defaulters and display his photograph on its website\nand also inform the other Real Estate Regulatory Authority in other States and Union\nterritories about such  revocation or registration;\n(b) shall facilitate the remaining development works to be carried out in accordance\nwith the provisions of section 8;\n(c) shall direct the bank holding the project back account, specified under sub-\nclause (D) of clause ( I) of sub-section ( 2) of section 4, to freeze the account, and\nthereafter take such further necessary actions, including consequent de-freezing of\nthe said account, towards facilitating the remaining development works in accordance\nwith the provisions of section 8;\n(d) may, to protect the interest of allottees or in the public interest, issue such\ndirections as it may deem necessary.\nRevocation\nof\nregistration.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "Section 8. Upon lapse of the registration or on revocation of the registration under this Act, the",
            "chapter": null,
            "content": "Authority, may consult the appropriate Government to take such action as it may deem fit\nincluding the carrying out of the remaining development works by competent authority or by\nthe association of allottees or in any other manner, as may be determined by the Authority:\nProvided that no direction, decision or order of the Authority under this section shall\ntake effect until the expiry of the period of appeal provided under the provisions of this Act:\nProvided further that in case of revocation of registration of a project under this Act,\nthe association of allottees shall have the first right of refusal for carrying out of the remaining\ndevelopment works.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "Section 9. (1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any",
            "chapter": null,
            "content": "person to facilitate the sale or purchase of any plot, apartment or building, as the case may\nbe, in a real estate project or part of it, being the part of the real estate project registered under\nsection 3, being sold by the promoter in any planning area, without obtaining registration\nunder this section.\n(2) Every real estate agent shall make an application to the Authority for registration in\nsuch form, manner, within such time and accompanied by such fee and documents as may be\nprescribed.\n(3) The Authority shall, within such period, in such manner and upon satisfying itself\nof the fulfillment of such conditions, as may be prescribed—\n(a) grant a single registration to the real estate agent for the entire State of  Union\nterritory, as the case may be;\n(b) reject the application for reasons to be recorded in writing, if such application\ndoes not conform to the provisions of the Act or the rules or regulations made\nthereunder:\nProvided that no application shall be rejected unless the applicant has been given an\nopportunity of being heard in the matter.\n(4) Whereon the completion of the period specified under sub-section ( 3), if the\napplicant does not receive any communication about the deficiencies in his application or\nthe rejection of his application, he shall be deemed to have been registered.\n(5) Every real estate agent who is registered as per the provisions of this Act or the\nrules and regulations made thereunder, shall be granted a registration number by the Authority,\nwhich shall be quoted by the real estate agent in every sale facilitated by him under this Act.\n(6) Every registration shall be valid for such period as may be prescribed, and shall be\nrenewable for a period in such manner and on payment of such fee as may be prescribed.\n(7) Where any real estate agent who has been granted registration under this Act\ncommits breach of any of the conditions thereof or any other terms and conditions specified\nunder this Act or any rules or regulations made thereunder, or where the Authority is satisified\nthat such registration has been secured by the real estate agent through misrepresentation\nor fraud, the Authority may, without prejudice to any other provisions under this Act, revoke\nthe registration or suspend the same for such period as it thinks fit:\nProvided that no such revocation or suspension shall be made by the Authority unless\nan opportunity of being heard has been given to the real estate agent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "Section 10. Every real estate agent registered under section 9 shall—",
            "chapter": null,
            "content": "(a) not facilitate the sale or purchase of any plot, apartment or building, as the\ncase may be, in a real estate project or part of it, being sold by the promoter in any\nplanning area, which is not registered with the Authority;\nObligation of\nAuthority\nconsequent\nupon lapse of\nor on\nrevocation of\nregistration.\nRegistration\nof real estate\nagents.\nFunctions of\nreal estate\nagents.\n\n12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(b) maintain and preserve such books of account, records and documents as\nmay prescribed;\n(c) not involve himself in any unfair trade practices, namely:—\n(i) the practice of making any statement, whether orally or in writing or by\nvisible representation which—\n(A) falsely represents that the services are of a particular standard or\ngrade;\n(B) represents that the promoter or himself has approval or affiliation\nwhich such promoter or himself does not have;\n(C) makes a false or misleading representation concerning the\nservices;\n(ii) permitting the publication of any advertisement whether in any\nnewspaper or otherwise of services that are not intended to be offered.\n(d) facilitate the possession of all the information and documents, as the allottee,\nis entitled to, at the time of booking of any plot, apartment or building, as the case may\nbe;\n(e) discharge such other functions as may be prescribed.\nCHAPTER III\nF\nUNCTIONS AND DUTIES OF PROMOTER",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "Section 11. (1) The promoter shall, upon receiving his Login Id and password under clause (a)",
            "chapter": null,
            "content": "of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web\npage on the website of the Authority and enter all details of the proposed project as provided\nunder sub-section (2) of section 4, in all the fields as provided, for public viewing, including—\n(a) details of the registration granted by the Authority;\n(b) quarterly up-to-date the list of number and types of apartments or plots, as\nthe case may be, booked;\n(c) quarterly up-to-date the list of number of garages booked;\n(d)   quarterly up-to-date the list of approvals taken and the approvals which are\npending subsequent to commencement certificate;\n(e) quarterly up-to-date status of the project; and\n(f) such other information and documents as may be specified by the regulations\nmade by the Authority.\n(2) The advertisement or prospectus issued or published by the promoter shall mention\nprominently the website address of the Authority, wherein all details of the registered project\nhave been entered and include the registration number obtained from the Authority and such\nother matters incidental thereto.\n(3) The promoter at the time of the booking and issue of allotment letter shall be\nresponsible to make available to the allottee, the following information, namely:—\n(a) sanctioned plans, layout plans, along with specifications, approved by the\ncompetent authority, by display at the site or such other place as may be specified by\nthe regulations made by the Authority;\n(b) the stage wise time schedule of completion of the project, including the\nprovisions for civic infrastructure like water, sanitation and electricity.\nFunctions and\nduties of\npromoter.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13\n(4) The promoter shall—\n(a) be responsible for all obligations, responsibilties and functions under the\nprovisions of this Act or the rules and regulations made thereunder or to the allottees\nas per the agreement for sale, or to the association of allottees, as the case may be, till\nthe conveyance of all the apartments, plots or buildings, as the case may be, to the\nallottees, or the common areas to the association of allottees or the competent authority,\nas the case may be:\nProvided that the responsibility of the promoter, with respect to the structural\ndefect or any other defect for such period as is referred to in sub-section ( 3) of\nsection 14, shall continue even after the conveyance deed of all the apartments, plots\nor buildings, as the case may be, to the allottees are executed.\n(b) be responsible to obtain the completion certificate or the occupancy certificate,\nor both, as applicable, from the relevant competent authority as per local laws or other\nlaws for the time being in force and to make it available to the allottees individually or\nto the association of allottees, as the case may be;\n(c) be responsible to obtain the lease certificate, where the real estate project is\ndeveloped on a leasehold land, specifying the period of lease, and certifying that all\ndues and charges in regard to the leasehold land has been paid, and to make the lease\ncertificate available to the association of allottees;\n(d) be responsible for providing and maintaining the essential services, on\nreasonable charges, till the taking over of the maintenance of the project by the\nassociation of the allottees;\n(e) enable the formation of an association or society or co-operative society, as\nthe case may be, of the allottees, or a federation of the same, under the laws applicable:\nProvided that in the absence of local laws, the association of allottees, by\nwhatever name called, shall be formed within a period of three months of the majority\nof allottees having booked their plot or apartment or building, as the case may be, in\nthe project;\n(f) execute a registered conveyance deed of the apartment, plot or building, as\nthe case may be, in favour of the allottee along with the undivided proportionate title\nin the common areas to the association of allottees or competent authority, as the case\nmay be, as provided under section 17 of this Act;\n(g) pay all outgoings until he transfers the physical possession of the real estate\nproject to the allottee or the associations of allottees, as the case may be, which he has\ncollected from the allottees, for the payment of outgoings (including land cost, ground\nrent, municipal or other local taxes, charges for water or electricity, maintenance charges,\nincluding mortgage loan and interest on mortgages or other encumbrances and such\nother liabilities payable to competent authorities, banks and financial institutions,\nwhich are related to the project):\nProvided that where any promoter fails to pay all or any of the outgoings collected\nby him from the allottees or any liability, mortgage loan and interest thereon before\ntransferring the real estate project to such allottees, or the association of the allottees,\nas the case may be, the promoter shall continue to be liable, even after the transfer of\nthe property, to pay such outgoings and penal charges, if any, to the authority or\nperson to whom they are payable and be liable for the cost of any legal proceedings\nwhich may be taken therefor by such authority or person;\n(h) after he executes an agreement for sale for any apartment, plot or building, as\nthe case may be, not mortgage or create a charge on such apartment, plot or building,\nas the case may be, and if any such mortgage or charge is made or created then\n\n14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\nnotwithstanding anything contained in any other law for the time being in force, it shall\nnot affect the right and interest of the allottee who has taken or agreed to take such\napartment, plot or building, as the case may be;\n(5) The promoter may cancel the allotment only in terms of the agreement for sale:\nProvided that the allottee may approach the Authority for relief, if he is aggrieved by\nsuch cancellation and such cancellation is not in accordance with the terms of the agreement\nfor sale, unilateral and without any sufficient cause.\n(6) The promoter shall prepare and maintain all such other details as may be specified,\nfrom time to time, by regulations made by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "Section 12. Where any person makes an advance or a deposit on the basis of the information",
            "chapter": null,
            "content": "contained in the notice advertisement or prospectus, or on the basis of any model apartment,\nplot or building, as the case may be, and sustains any loss or damage by reason of any\nincorrect, false statement included therein, he shall be compensated by the promoter in the\nmanner as provided under this Act:\nProvided that if the person affected by such incorrect, false statement contained in the\nnotice, advertisement or prospectus, or the model apartment, plot or building, as the case\nmay be, intends to withdraw from the proposed project, he shall be returned his entire\ninvestment along with interest at such rate as may be prescribed and the compensation in the\nmanner provided under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "Section 13. (1) A promoter shall not accept a sum more than ten per cent of the cost of the",
            "chapter": null,
            "content": "apartment, plot, or building as the case may be, as an advance payment or an application fee,\nfrom a person without first entering into a written agreement for sale with such person and\nregister the said agreement for sale, under any law for the time being in force.\n(2) The agreement for sale referred to in sub-section (1) shall be in such form as may be\nprescribed and shall specify the particulars of development of the project including the\nconstruction of building and apartments, along with specifications and internal development\nworks and external development works, the dates and the manner by which payments towards\nthe cost of the apartment, plot or building, as the case may be, are to be made by the allottees\nand the date on which the possession of the apartment, plot or building is to be handed over,\nthe rates of interest payable by the promoter to the allottee and the allottee to the promoter\nin case of default, and such other particulars, as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "Section 14. (1) The proposed project shall be developed and completed by the promoter in",
            "chapter": null,
            "content": "accordance with the sanctioned plans, layout plans and specifications as approved by the\ncompetent authorities.\n(2) Notwithstanding anything contained in any law, contract or agreement, after the\nsanctioned plans, layout plans and specifications and the nature of the fixtures, fittings,\namenities and common areas, of the apartment, plot or building, as the case may be, as\napproved by the competent authority, are disclosed or furnished to the person who agree to\ntake one or more of the said apartment, plot or building, as the case may be, the promoter shall\nnot make—\n(i) any additions and alterations in the sanctioned plans, layout plans and\nspecifications and the nature of fixtures, fittings and amenities described therein in\nrespect of the apartment, plot or building, as the case may be, which are agreed to be\ntaken, without the previous consent of that person:\nProvided that the promoter may make such minor additions or alterations as may be\nrequired by the allottee, or such minor changes or alterations as may be necessary due to\narchitectural and structural reasons duly recommended and verified by an authorised Architect\nor Engineer after proper declaration and intimation to the allottee.\nObligations\nof promoter\nregarding\nveracity of\nthe\nadvertisement\nor\nprospectus.\nNo deposit or\nadvance to be\ntaken by\npromoter\nwithout first\nentering into\nagreement for\nsale.\nAdherence to\nsanctioned\nplans and\nproject\nspecifications\nby the\npromoter.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15\nExplanation.—For the purpose of this clause, \"minor additions or alterations\" excludes\nstructural change including an addition to the area or change in height, or the removal of part\nof a building, or any change to the structure, such as the construction or removal or cutting\ninto of any wall or a part of a wall, partition, column, beam, joist, floor including a mezzanine\nfloor or other support, or a change to or closing of any required means of access ingress or\negress or a change to the fixtures or equipment, etc.\n(ii) any other alterations or additions in the sanctioned plans, layout plans and\nspecifications of the buildings or the common areas within the project without the\nprevious written consent of at least two-thirds of the allottees, other than the promoter,\nwho have agreed to take apartments in such building.\nExplanation.—For the purpose of this clause, the allottees, irrespective of the number\nof apartments or plots, as the case may be, booked by him or booked in the name of his family,\nor in the case of other persons such as companies or firms or any association of individuals,\netc., by whatever name called, booked in its name or booked in the name of its associated\nentities or related enterprises, shall be considered as one allottee only.\n(3) In case any structural defect or any other defect in workmanship, quality or provision\nof services or any other obligations of the promoter as per the agreement for sale relating to\nsuch development is brought to the notice of the promoter within a period of five years by\nthe allottee from the date of handing over possession, it shall be the duty of the promoter to\nrectify such defects without further charge, within thirty days, and in the event of promoter's\nfailure to rectify such defects within such time, the aggrieved allottees shall be entitled to\nreceive appropriate compensation in the manner as provided under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "Section 15. (1) The promoter shall not transfer or assign his majority rights and liabilities in",
            "chapter": null,
            "content": "respect of a real estate project to a third party without obtaining prior written consent from\ntwo-third allottees, except the promoter, and without the prior written approval of the Authority:\nProvided that such transfer or assignment shall not affect the allotment or sale of the\napartments, plots or buildings as the case may be, in the real estate project made by the\nerstwhile promoter.\nExplanation.—For the purpose of this sub-section, the allottee, irrespective of the\nnumber of apartments or plots, as the case may be, booked by him or booked in the name of\nhis family, or in the case of other persons such as companies or firms or any association of\nindividuals, by whatever name called, booked in its name or booked in the name of its\nassociated entities or related enterprises, shall be considered as one allottee only.\n(2) On the transfer or assignment being permitted by the allottees and the Authority\nunder sub-section ( 1), the intending promoter shall be required to independently comply\nwith all the pending obligations under the provisions of this Act or the rules and regulations\nmade thereunder, and the pending obligations as per the agreement for sale entered into by\nthe erstwhile promoter with the allottees:\nProvided that any transfer or assignment permitted under provisions of this section\nshall not result in extension of time to the intending promoter to complete the real estate\nproject and he shall be required to comply with all the pending obligations of the erstwhile\npromoter, and in case of default, such intending promoter shall be liable to the consequences\nof breach or delay, as the case may be, as provided under this Act or the rules and regulations\nmade thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "Section 16. ( 1) The promoter shall obtain all such insurances as may be notified by the",
            "chapter": null,
            "content": "appropriate Government, including but not limited to insurance in respect of —\n(i) title of the land and building as a part of the real estate project; and\n(ii) construction of the real estate project.\nObligations\nof promoter\nin case of\ntransfer of a\nreal estate\nproject to a\nthird party.\nObligations\nof promoter\nregarding\ninsurance of\nreal estate\nproject.\n\n16 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(2) The promoter shall be liable to pay the premium and charges in respect of the\ninsurance specified in sub-section (1) and shall pay the same before transferring the insurance\nto the association of the allottees.\n(3) The insurance as specified under sub-section ( 1) shall stand transferred to the\nbenefit of the allottee or the association of allottees, as the case may be, at the time of\npromoter entering into an agreement for sale with the allottee.\n(4) On formation of the association of the allottees, all documents relating to the\ninsurance specified under sub-section ( 1) shall be handed over to the  association of the\nallottees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "Section 17. (1) The promoter shall execute a registered conveyance deed in favour of the",
            "chapter": null,
            "content": "allottee along with the undivided proportionate title in the common areas to the association\nof the allottees or the competent authority, as the case may be,  and hand over the physical\npossession of the plot, apartment of building, as the case may be, to the allottees and the\ncommon areas to the association of the allottees or the competent authority, as the case may\nbe, in a real estate project, and the other title documents pertaining thereto within specified\nperiod as per sanctioned plans as provided under the local laws:\nProvided that, in the absence of any local law, conveyance deed in favour of the\nallottee or the association of the allottees or the competent authority, as the case may be,\nunder this section shall be carried out by the promoter within three months from date of issue\nof occupancy certificate.\n(2) After obtaining the occupancy certificate and handing over physical possession to\nthe allottees in terms of sub-section (1), it shall be the responsibility of the promoter to hand-\nover the necessary documents and plans, including common areas, to the association of the\nallottees or the competent authority, as the case may be, as per the local laws:\nProvided that, in the absence of any local law, the promoter shall handover the necessary\ndocuments and plans, including common areas, the association of the allottees or the competent\nauthority, as the case may be, within thirty days after obtaining the occupancy certificate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "Section 18. (1) If the promoter fails to complete or is unable to give possession of an apartment,",
            "chapter": null,
            "content": "plot or building,—\n(a) in accordance with the terms of the agreement for sale or, as the case may be,\nduly completed by the date specified therein; or\n(b) due to discontinuance of his business as a developer on account of suspension\nor revocation of the registration under this Act or for any other reason,\nhe shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the\nproject, without prejudice to any other remedy available, to return the amount received by\nhim in respect of that apartment, plot, building, as the case may be, with interest at such rate\nas may be prescribed in this behalf including compensation in the manner as provided under\nthis Act:\nProvided that where an allottee does not intend to withdraw from the project, he shall\nbe paid, by the promoter, interest for every month of delay, till the handing over of the\npossession, at such rate as may be prescribed.\n(2) The promoter shall compensate the allottees in case of any loss caused to him due\nto defective title of the land, on which the project is being developed or has been developed,\nin the manner as provided under this Act, and the claim for compensation under this sub-\nsection shall not be barred by limitation provided under any law for the time being in force.\nTransfer of\ntitle.\nReturn of\namount and\ncompensation.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17\n(3) If the promoter fails to discharge any other obligations imposed on him under this\nAct or the rules or regulations made thereunder or in accordance with the terms and conditions\nof the agreement for sale, he shall be liable to pay such compensation to the allottees, in the\nmanner as provided under this Act.\nCHAPTER IV\nR\nIGHTS AND DUTIES OF ALLOTTEES",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "Section 19. (1) The allottee shall be entitled to obtain the information relating to sanctioned",
            "chapter": null,
            "content": "plans,  layout plans along with the specifications, approved by the competent authority and\nsuch other information as provided in this Act or the rules and regulations made thereunder\nor the agreement for sale signed with the promoter.\n(2) The allottee shall be entitled to know stage-wise time schedule of completion of the\nproject, including the provisions for water, sanitation, electricity and other amenities and\nservices as agreed to between the promoter and the allottee in accordance with the terms and\nconditions of the agreement for sale.\n(3) The allottee shall be entitled to claim the possession of apartment, plot or building,\nas the case may be, and the association of allottees shall be entitled to claim the possession\nof the common areas, as per the declaration given by the promoter under sub-clause (C) of\nclause (I) of sub-section (2) of section 4.\n(4) The allottee shall be entitled to claim the refund of amount paid along with interest\nat such rate as may be prescribed and compensation in the manner as provided under this\nAct, from the promoter, if the promoter fails to comply or is unable to give possession of the\napartment, plot or building, as the case may be, in accordance with the terms of agreement for\nsale or due to discontinuance of his business as a developer on account of suspension or\nrevocation of his registration under the provisions of this Act or the rules or regulations\nmade thereunder.\n(5) The allottee shall be entitled to have the necessary documents and plans, including\nthat of common areas, after handing over the physical possession of the apartment or plot or\nbuilding as the case may be, by the promoter.\n(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot\nor building as the case may be, under section 13, shall be responsible to make necessary\npayments in the manner and within the time as specified in the said agreement for sale and\nshall pay at the proper time and place, the share of the registration charges, municipal taxes,\nwater and electricity charges, maintenance charges, ground rent, and other charges,\nif any.\n(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any\ndelay in payment towards any amount or charges to be paid under sub-section (6).\n(8) The obligations of the allottee under sub-section ( 6) and the liability towards\ninterest under sub-section (7) may be reduced when mutually agreed to between the promoter\nand such allottee.\n(9) Every allottee of the apartment, plot or building as the case may be, shall participate\ntowards the formation of an association or society or cooperative society of the allottees, or\na federation of the same.\n(10) Every allottee shall take physical possession of the apartment, plot or building as\nthe case may be,  within a period of two months of the occupancy certificate issued for the\nsaid apartment, plot or building, as the case may be.\n(11) Every allottee shall participate towards registration of the conveyance deed  of the\napartment, plot or building, as the case may be, as provided under sub-section ( 1) of\nsection 17 of this Act.\nRights and\nduties of\nallottees.\n\n18 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\nCHAPTER V\nTHE REAL ESTATE REGULATORY AUTHORITY",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "Section 20. (1) The appropriate Government shall, within a period of one year from the date of",
            "chapter": null,
            "content": "coming into force of this Act, by notification, establish an Authority to be known as the Real\nEstate Regulatory Authority to exercise the powers conferred on it and to perform the functions\nassigned to it under this Act:\nProvided that the appropriate Government of two or more States or Union territories\nmay, if it deems fit, establish one single Authority:\nProvided further that, the appropriate Government may, if it deems fit, establish more\nthan one Authority in a State or Union territory, as the case may be:\nProvided also that until the establishment of a Regulatory Authority under this  section,\nthe appropriate Government shall, by order, designate  any Regulatory Authority or any\nofficer preferably the Secretary of the department dealing with  Housing, as the Regulatory\nAuthority for the purposes under this Act:\nProvided also that after the establishment of the Regulatory Authority, all applications,\ncomplaints or cases pending with the Regulatory Authority designated, shall stand transferred\nto the Regulatory Authority so established and shall be heard from the stage such applications,\ncomplaints or cases are transferred.\n(2) The Authority shall be a body corporate by the name aforesaid having perpetual\nsuccession and a common seal, with the power, subject to the provisions of this Act, to\nacquire, hold and dispose of property, both movable and immovable, and to contract, and\nshall, by the said name, sue or be sued.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "Section 21. The Authority shall consist of a Chairperson and not less than two whole time",
            "chapter": null,
            "content": "Members to be appointed by the appropriate Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "Section 22. The Chairperson and other Members of the Authority shall be appointed by the",
            "chapter": null,
            "content": "appropriate Government on the recommendations of a Selection Committee consisting of the\nChief Justice of the High Court or his nominee, the Secretary of the Department dealing with\nHousing and the Law Secretary, in such manner as may be prescribed, from amongst persons\nhaving adequate knowledge of and professional experience of at-least twenty years in case\nof the Chairperson and fifteen years in the case of the Members in urban development,\nhousing, real estate development, infrastructure, economics, technical experts from relevant\nfields, planning, law, commerce, accountancy, industry, management, social service, public\naffairs or administration:\nProvided that a person who is, or has been, in the service of the State Government shall\nnot be appointed as a Chairperson unless such person has held the post of Additional\nSecretary to the Central Government or any equivalent post in the Central Government or\nState Government:\nProvided further that a person who is, or has been, in the service of the State Government\nshall not be appointed as a member unless such person has held the post of Secretary to the\nState Government or any equivalent post in the State Government or Central Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "Section 23. (1) The Chairperson and Members shall hold office for a term not exceeding five",
            "chapter": null,
            "content": "years from the date on which they enter upon their office, or until they attain the age of sixty-\nfive years, whichever is earlier and shall not be eligible for re-appointment.\n(2) Before appointing any person as a Chairperson or Member, the appropriate\nGovernment shall satisfy itself that the person does not have any such financial or other\ninterest as is likely to affect prejudicially his functions as such Member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "Section 24. (1) The salary and allowances payable to, and the other terms and conditions of",
            "chapter": null,
            "content": "service of, the Chairperson and other Members shall be such as may be prescribed and shall\nnot be varied to their disadvantage during their tenure.\nEstablishment\nand\nincorporation\nof Real\nEstate\nRegulatory\nAuthority.\nComposition\nof Authority.\nQualifications\nof\nChairperson\nand Members\nof Authority.\nTerm of\noffice of\nChairperson\nand\nMembers.\nSalary and\nallowances\npayable to\nChairperson\nand Members.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19\n(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 23, the\nChairperson or a Member, as the case may be, may,—\n(a) relinquish his office by giving in writing, to the appropriate Government,\nnotice of not less than three months; or\n(b) be removed from his office in accordance with the provisions of section 26 of\nthis Act.\n(3) Any vacancy caused to the office of the Chairperson or any other Member shall be\nfilled-up within a period of three months from the date on which such vacancy occurs.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "Section 25. The Chairperson shall have powers of general superintendence and directions in",
            "chapter": null,
            "content": "the conduct of the affairs of Authority and he shall, in addition to presiding over the meetings\nof the Authority, exercise and discharge such administrative powers and functions of the\nAuthority as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "Section 26. (1) The appropriate Government may, in accordance with the procedure notified,",
            "chapter": null,
            "content": "remove from office the Chairperson or other Members, if the Chairperson or such other\nMember, as the case may be,—\n(a) has been adjudged as an insolvent; or\n(b) has been convicted of an offence, involving moral turpitude; or\n(c) has become physically or mentally incapable of acting as a Member; or\n(d) has acquired such financial or other interest as is likely to affect prejudicially\nhis functions; or\n(e) has so abused his position as to render his continuance in office prejudicial\nto the public interest.\n(2) The Chairperson or Member shall not be removed from his office on the ground\nspecified under clause (d) or clause (e) of sub-section (1) except by an order made by the\nappropriate Government after an inquiry made by a Judge of the High Court in which such\nChairperson or Member has been informed of the charges against him and given a reasonable\nopportunity of being heard in respect of those charges.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "Section 27. (1) The Chairperson or a Member, ceasing to hold office as such, shall not—",
            "chapter": null,
            "content": "(a) accept any employment in, or connected with, the management or\nadministration of, any person or organisation which has been associated with any\nwork under this Act, from the date on which he ceases to hold office:\nProvided that nothing contained in this clause shall apply to any employment\nunder the appropriate Government or a local authority or in any statutory authority or\nany corporation established by or under any Central, State or provincial Act or a\nGovernment Company, as defined under clause ( 45) of section 2 of the Companies\nAct, 2013, which is not a promoter as per the provisions of this Act;\n(b)  act, for or on behalf of any person or organisation in connection with any\nspecific proceeding or transaction or negotiation or a case to which the Authority is a\nparty and with respect to which the Chairperson or such Member had, before cessation\nof office, acted for or provided advice to, the Authority;\n(c)  give advice to any person using information which was obtained in his\ncapacity as the Chairperson or a Member and being unavailable to or not being able to\nbe made available to the public;\n(d) enter into a contract of service with, or accept an appointment to a borad of\ndirectors of, or accept an offer of employment with, an entity with which he had direct\nand significant official dealings during his term of office as such.\n(2) The Chairperson and Members shall not communicate or reveal to any person any\nmatter which has been brought under his consideration or known to him while acting as\nsuch.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "Section 28. (1) The appropriate Government may, in consultation with the Authority appoint",
            "chapter": null,
            "content": "such officers and employees as it considers necessary for the efficient discharge of their\nfunctions under this Act who would discharge their functions under the general\nsuperintendence of the Chairperson.\nAdministrative\npowers of\nChairperson.\nRemoval of\nChairperson\nand Members\nfrom office\nin certain\ncircumstances.\nRestrictions\non\nChairperson\nor Members\non\nemployment\nafter\ncessation of\noffice.\nOfficers and\nother\nemployees of\nAuthority.\n18 of 2013.\n\n20 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(2) The salary and allowances payable to, and the other terms and conditions of\nservice of, the officers and of the employees of the Authority appointed under sub-section (1)\nshall be such as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "Section 29. (1) The Authority shall meet at such places and times, and shall follow such rules",
            "chapter": null,
            "content": "of procedure in regard to the transaction of business at its meetings, (including quorum at\nsuch meetings), as may be specified by the regulations made by the Authority.\n(2) If the Chairperson for any reason, is unable to attend a meeting of the Authority,\nany other Member chosen by the Members present amongst themselves at the meeting, shall\npreside at the meeting.\n(3) All questions which come up before any meeting of the Authority shall be decided\nby a majority of votes by the Members present and voting, and in the event of an equality of\nvotes, the Chairperson or in his absence, the person presiding shall have a second or casting\nvote.\n(4) The questions which come up before the Authority shall be dealt with as\nexpeditiously as possible and the Authority shall dispose of the same within a period of sixty\ndays from the date of receipt of the application:\nProvided that where any such application could not be disposed of within the said\nperiod of sixty days, the Authority shall record its reasons in writing for not disposing of the\napplication within that period.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "Section 30. No act or proceeding of the Authority shall be invalid merely by reason of—",
            "chapter": null,
            "content": "(a) any vacancy in, or any defect in the constitution of, the Authority; or\n(b) any defect in the appointment of a person acting as a Member of the\nAuthority; or\n(c) any irregularity in the procedure of the Authority not affecting the merits of\nthe case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "Section 31. (1) Any aggrieved person may file a complaint with the Authority or the adjudicating",
            "chapter": null,
            "content": "officer, as the case may be, for any violation or contravention of the provisions of this Act or\nthe rules and regulations made thereunder against any promoter allottee or real estate agent,\nas the cae may be.\nExplanation. —For the purpose of this sub-section \"person\" shall include the\nassociation of allottees or any voluntary consumer association registered under any law for\nthe time being in force.\n(2) The form, manner and fees for filing complaint under sub-section (1) shall be such\nas may be specified by regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "Section 32. The Authority shall in order to facilitate the growth and promotion of a healthy,",
            "chapter": null,
            "content": "transparent, efficient and competitive real estate sector make recommendations to the\nappropriate Government of the competent authority, as the case may be, on,—\n(a) protection of interest of the allottees, promoter and real estate agent;\n(b) creation of a single window system for ensuring time bound project approvals\nand clearances for timely completion of the project;\n(c) creation of a transparent and robust grievance redressal mechanism against\nacts of ommission and commission of competent authorities and their officials;\n(d) measures to encourage investment in the real estate sector including measures\nto increase financial assistance to affordable housing segment;\n(e) measures to encourage construction of environmentally sustainable and\naffordable housing, promoting standardisation and use of appropriate construction\nmaterials, fixtures, fittings and construction techniques;\n(f) measures to encourage grading of projects on various parameters of\ndevelopment including grading of promoters;\nMeetings of\nAuthority.\nVacancies,\netc., not to\ninvalidate\nproceeding of\nAuthority.\nFiling of\ncomplaints\nwith the\nAuthority or\nthe\nadjudicating\nofficer.\nFunctions of\nAuthority for\npromotion of\nreal estate\nsector.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21\n(g) measures to facilitate amicable conciliation of disputes between the promoters\nand the allottees through dispute settlement forums set up by the consumer or promoter\nassociations;\n(h) measures to facilitate digitization of land records and system towards\nconclusive property titles with title guarantee;\n(i) to render advice to the appropriate Government in matters relating to the\ndevelopment of real estate sector;\n(j) any other issue that the Authority may think necessary for the promotion of\nthe real estate sector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "Section 33. (1) The appropriate Government may, while formulating a policy on real estate",
            "chapter": null,
            "content": "sector (including review of laws related to real estate sector) or any other matter, make a\nreference to the Authority for its opinion on possible effect, of such policy or law on real\nestate sector and on the receipt of such a reference, the Authority shall within  a period of\nsixty days of making such reference, give its opinion to the appropriate Government which\nmay therafter take further action as it deems fit.\n(2) The opinion given by the Authority under sub-section ( 1) shall not be binding\nupon the appropriate Government in formulating such policy or laws.\n(3) The Authority shall take suitable measures for the promotion of advocacy, creating\nawareness and imparting training about laws relating to real estate sector and policies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "Section 34. The functions of the Authority shall include—",
            "chapter": null,
            "content": "(a) to register and regulate real estate projects and real estate agents registered\nunder this Act;\n(b) to publish and maintain a website of records, for public viewing, of all real\nestate projects for which registration has been given, with such details as may be\nprescribed, including information provided in the application for which registration\nhas been granted;\n(c) to maintain a database, on its website, for public viewing, and enter the names\nand photographs  of promoters as defaulters including the project details, registration\nfor which has been revoked or have been penalised under this Act, with reasons\ntherefor, for access to the general public;\n(d) to maintain a database, on its website, for public viewing, and enter the\nnames and photograhps of real estate agents who have applied and registered under\nthis Act, with such details as may be prescribed, including those whose registration\nhas been rejected or revoked;\n(e) to fix through regulations for each areas under its jurisdiction the standard\nfees to be levied on the allottees or the promoter or the real estate agent, as the case\nmay be;\n(f) to ensure compliance of the obligations cast upon the promoters, the allottees\nand the real estate agents under this Act and the rules and regulations made thereunder;\n(g) to ensure compliance of its regulations or orders or directions made in exercise\nof its powers under this Act;\n(h) to perform such other functions as may be entrusted to the Authority by the\nappropriate Government as may be necessary to carry out the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "Section 35. (1) Where the Authority considers it expedient to do so, on a complaint or suo motu,",
            "chapter": null,
            "content": "relating to this Act or the rules of regulations made thereunder, it may, by order in writing\nand recording reasons therefor call upon any promoter or allottee or real estate agent, as the\ncase may be, at any time to furnish in writing such information or explanation relating to its\naffairs as the Authority may require and appoint one or more persons to make an inquiry\nin relation to the affairs of any promoter or allottee or the real estate agent, as the case\nmay be.\nAdvocacy\nand awareness\nmeasures.\nFunctions of\nAuthority.\nPowers of\nAuthority to\ncall for\ninformation,\nconduct\ninvestigations.\n\n22 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(2) Notwithstanding anything contained in any other law for the time being in force,\nwhile exercising the powers under sub-section (1), the Authority shall have the same powers\nas are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in\nrespect of the following matters, namely:—\n(i) the discovery and production of books of account and other documents, at\nsuch place and at such time as may be specified by the Authority;\n(ii) summoning and enforcing the attendance of persons and examining them on\noath;\n(iii) issuing commissions for the examination of witnesses or documents;\n(iv) any other matter which may be perscribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "Section 36. Where during an inquiry, the Authority is satisfied that an act in contravention of",
            "chapter": null,
            "content": "this Act, or the rules and regulations made thereunder, has been committed and continues to\nbe committed or that such act is about to be committed, the Authority may, by order, restrain\nany promoter, allottee or real estate agent from carrying on such act until the conclusion of\nsuch inquiry of until further orders, without giving notice to such party, where the Authority\ndeems it necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "Section 37. The Authority may, for the purpose of discharging its functions under the provisions",
            "chapter": null,
            "content": "of this Act or rules or regulations made thereunder, issue such directions from time to time, to\nthe promoters or allottees or real estate agents, as the case may be, as it may consider\nnecessary and such directions shall be binding on all concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "Section 38. (1) The Authority shall have powers to impose penalty or interest, in regard to any",
            "chapter": null,
            "content": "contravention of obligations cast upon the promoters, the allottees and the real estate agents,\nunder this Act or the rules and the regulations made thereunder.\n(2) The Authority shall be guided by the principles of natural justice and, subject to the\nother provisions of this Act and the rules made thereunder, the Authority shall have powers\nto regulate its own procedure.\n(3) Where an issue is raised relating to agreement, action, omission, practice or\nprocedure that—\n(a) has an appreciable prevention, restriction or distortion of competition in\nconnection with the development of a real estate project; or\n(b) has effect of market power of monopoly situation being abused for affecting\ninterest of allottees adversely,\nthen the Authority, may suo motu, make reference in respect of such issue to the Competition\nCommission of India.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "Section 39. The Authority may, at any time within a period of two years from the date of the",
            "chapter": null,
            "content": "order made under this Act, with a view to rectifying any mistake apparent from the record,\namend any order passed by it, and shall make such amendment, if the mistake is brought to\nits notice by the parties:\nProvided that no such amendment shall be made in respect of any order against which\nan appeal has been preferred under this Act:\nProvided further that the Authority shall not, while rectifying any mistake apparent\nfrom record, amend substantive part of its order passed under the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "Section 40. (1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay",
            "chapter": null,
            "content": "any interest or penalty or compensation imposed on him, by the adjudicating officer or the\nRegulatory Authority or the Appellate Authority, as the case may be, under this Act or the\nrules and regualtions made thereunder, it shall be recoverable from such promoter or allottee\nor real estate agent, in such manner as may be prescribed as an arrears of land revenue.\n(2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as\nthe case may be, issues any order or directs any person to do any act, or refrain from doing\nany act, which it is empowered to do under this Act or the rules or regulations made thereunder,\nthen in case of failure by any person to comply with such order or direction, the same shall be\nenforced, in such manner as may be prescribed.\n5 of 1908.\nPower to\nissue interim\norders.\nPowers of\nAuthority to\nissue\ndirections.\nPowers of\nAuthority.\nRectification\nof orders.\nRecovery of\ninterest or\npenalty or\ncompensation\nand\nenforcement\nof order, etc.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23\nCHAPTER VI\nCENTRAL  ADVISORY  COUNCIL",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "Section 41. (1) The Central Government may, by notification, establish with effect from such",
            "chapter": null,
            "content": "date as it may specify in such notification, a Council to be known as the Central Advisory\nCouncil.\n(2) The Minister to the Government of India in charge of the Ministry of the Central\nGovernment dealing with Housing shall be the ex officio Chairperson of the Central Advisory\nCouncil.\n(3) The Central Advisory Council shall consist of representatives of the Ministry of\nFinance, Ministry of  Industry and Commerce, Ministry of Urban Development, Minsitry of\nConsumer Affairs, Minstry of Corporate Affairs, Ministry of Law and Justice, Niti Aayog,\nNational Housing Bank, Housing and Urban Development Corporation, five representatives\nof State Governments to be selected by rotation, five representatives of the Real Estate\nRegulatory Authorities to be selected by rotation, and any other Central Government\ndepartment as notified.\n(4) The Central Advisory Council shall also consist of not more than ten members to\nrepresent the interests of real estate industry, consumers, real estate agents, construction\nlabourers, non-governmental organisations and academic and research bodies in the real\nestate sector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "Section 42. (1) The functions of the Central Advisory Council shall be to advise and recommend",
            "chapter": null,
            "content": "the Central Government,—\n (a) on all matters concerning the implementation of this Act;\n (b) on major questions of policy;\n (c) towards protection of consumer interest;\n (d) to foster the growth and development of the real estate sector;\n (e) on any other matter as may be assigned to it by the Central Government.\n (2) The Central Government may specify the rules to give effect to the recommendations\nof the Central Advisory Council on matters as provided under sub-section (1).\nCHAPTER VII\nT\nHE REAL ESTA TE APPELLATE TRIBUNAL",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "Section 43. (1) The appropriate Government shall, within a period of one year from the date of",
            "chapter": null,
            "content": "coming into force of this Act, by notification, establish an Appellate Tribunal to be known as\nthe — (name of the State/Union territory) Real Estate Appellate Tribunal.\n (2) The appropriate Government may, if it deems necessary, establish one or more\nbenches of the Appellate Tribunal, for various jurisdictions, in the State or Union territory, as\nthe case may be.\n (3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member\nand one Administrative to Technical Member.\n (4) The appropriate Government of two or more Staes or Union territories may, if it\ndeems fit, establish one single Appellate Tribunal:\nProvided that, until the establishment of an Appellate Tribunal under this section, the\nappropriate Government shall designate, by order, any Appellate Tribunal Functioning under\nany law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act:\nProvided further that after the Appellate Tribunal under this section is established, all\nmatters pending with the Appellate Tribunal designated to hear appeals, shall stand transferred\nEstablishment\nof Central\nAdvisory\nCouncil.\nFunctions of\nCentral\nAdvisory\nCouncil.\nEstablishment\nof Real\nEstate\nAppellate\nTribunal.\n\n24 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\nto the Appellate Tribunal so established and shall be heard from the stage such appeal is\ntransferred.\n (5) Any person aggrieved by any direction or decision or order made by the Authority\nor by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal\nhaving jusrisdiction over the matter:\nProvided that where a promoter files an appeal with the Appellate Tribunal, it shall not\nbe entertatined, without the prmoter first having deposited with the Appellate Tribunal atleast\nthirty per cent. of the penalty, or such higher percentage as may be determined by the\nAppellate Tribunal, or the total amount to be paid to the allottee including interest and\ncompensation imposed on him, if any, or with both, as the case may be, before the said appeal\nis heard.\nExplanation.— For the purpose of this sub-section \"person\" shall include the\nassociation of allottees or any voluntary consumer association registered under any law for\nthe time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "Section 44. (1) The appropriate Government or the competent authority or any person aggrieved",
            "chapter": null,
            "content": "by any direction or order or decision of the Authority or the adjudicating officer may prefer\nan appeal to the Appellate Tribunal.\n (2) Every appeal made under sub-section (1) shall be preferred within a period of sixty\ndays from the date on which a copy of the direction or order or decision made by the\nAuthority or the adjudicating officer is received by the appropriate Government or the\ncompetent authority or the aggrieved person and it shall be in such form and accompanied\nby such fee, as may be prescribed:\nProvided that the Appellate Tribunal may entertain any appeal after the expiry of sixty\ndays if it is satisfied that there was sufficient cause for not filling it within that period.\n (3) On receipt of an appeal under sub-section ( 1), the Appellate Tribunal may after\ngiving the parties an opportunity of being heard, pass such orders, including interim orders,\nas it thinks fit.\n (4) The Appellate Tribunal shall send a copy of every order made by it to the parties\nand to the Authority or the adjudicating officer, as the case may be.\n (5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously\nas possible and endeavour shall be made by it to dispose of the appeal within a period of\nsixty days from the date of receipt of appeal:\nProvided that where any such appeal could not be disposed of within the said period\nof sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of\nthe appeal within that period.\n (6) The Appellate Tribunal may, for the purpose of examining the legality or propriety\nor correctness of any order or decision of the Authority or the adjudicating officer, on its own\nmotion or otherwise, call for the records relevant to deposing of such appeal and make such\norders as it thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "Section 45. The Appellate Tribunal shall consist of a Chairperson and not less than two whole",
            "chapter": null,
            "content": "time Members of which one shall be a Judicial member and other shall be a Technical or\nAdministrative Member, to be appointed by the appropriate Government.\nExplanation.—For the purposes of this Chapter,—\n(i) \"Judicial Member\" means a Member of the Appellate Tribunal appointed as such\nunder clause (b) of sub-section (1) of section 46;\nApplication\nfor\nsettlement of\ndisputes and\nappeals to\nAppellate\nTribunal.\nComposition\nof Appellate\nTribunal.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25\n(ii) \"Technical or Administrative Member\" means a Member of the Appellate Tribunal\nappointed as such under clause (c) of sub-section (1) of section 46.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "Section 46. (1) A person shall not be qualified for appointment as the Chairperson or a Member",
            "chapter": null,
            "content": "of the Appellate Tribunal unless he,—\n(a) in the case of Chairperson, is or has been a Judge of a High Court; and\n(b) in the case of a Judicial Member he has held a judicial office in the territory of\nIndia for at least fifteen years or has been a member of the Indian Legal Service and has\nheld the post of Additional Secretary of that service or any equivalent post, or has\nbeen an advocate for at least twenty years with experience in dealing with real estate\nmatters; and\n(c) in the case of a Technical or Administrative Member, he is a person who is\nwell-versed in the field of urban development, housing, real estate development,\ninfrastructure, economics, planning, law, commerce, accountancy, industry,\nmanagement, public affairs or administration and possesses experience of at least\ntwenty years in the field or who has held the post in the Central Government, or a State\nGovernment equivalent to the post of Additional Secretary to the Government of India\nor an equivalent post in the Central Government or an equivalent post in the State\nGovernment.\n(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate\nGovernment in consultation with the Chief Justice of High Court or his nominee.\n(3) The judicial Members and Technical or Administrative Members of the Appellate\nTribunal shall be appointed by the appropriate Government on the recommendations of a\nSelection Committee consisting of the Chief Justice of the High Court or his nominee, the\nSecretary of the Department handling Housing and the Law Secretary and in such manner as\nmay be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "Section 47. (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal",
            "chapter": null,
            "content": "shall hold office, as such for a term not exceeding five years from the date on which he enters\nupon his office, but shall not be eligible for re-appointment:\nProvided that in case a person, who is or has been a Judge of a High Court, has been\nappointed as Chairperson of the Tribunal, he shall not hold office after he has attained the\nage of sixty-seven years:\nProvided further that no Judicial Member or Technical or Administrative Member shall\nhold office after he has attained the age of sixty-five years.\n(2) Before appointing any person as Chairperson or Member, the appropriate Government\nshall satisfy itself that the person does not have any such financial or other interest, as is\nlikely to affect prejudicially his functions as such member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "Section 48. ( 1) The salary and allowances payable to, and the other terms and conditions of",
            "chapter": null,
            "content": "service of, the Chairperson and other Members shall be such as may be prescribed and shall\nnot be varied to their disadvantage during their tenure.\n(2) Notwithstanding anything contained in sub-sections ( 1) and ( 2) of section 47, the\nChairperson or a Member, as the case may be, may:—\n(a) relinquish his office by giving in writing to the appropriate Government a\nnotice of not less than three months;\n(b) be removed from his office in accordance with the provisions of section 49.\n(3) A vacancy caused to the office of the Chairperson or any other Member, as the case\nmay be, shall be filled-up within a period of three months from the date on which such\nvacancy occurs.\nQualifications\nfor\nappointment\nof\nChairperson\nand\nMembers.\nTerm of\noffice of\nChairperson\nand Members.\nSalary and\nallowances\npayable to\nChairperson\nand\nMembers.\n\n26 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "Section 49. (1) The appropriate Government may, in consultation with the Chief Justice of the",
            "chapter": null,
            "content": "High Court, remove from office of the Chairperson or any judicial Member or Technical or\nAdministrative Member of the Appellate Tribunal, who—\n(a) has been adjudged as an insolvent; or\n(b) has been convicted of an offence which, in the opinion of the appropriate\nGovernment involves moral turpitude; or\n(c) has become physically or mentally incapable; or\n(d) has acquired such financial or other interest as is likely to affect prejudicially\nhis functions; or\n(e) has so abused his position as to render his continuance in office prejudicial\nto the public interest.\n(2) The Chairperson or Judicial member or Technical or Administrative Member shall\nnot be removed from his office except by an order made by the appropriate Government after\nan inquiry made by the Judge of the High Court in which such Chairperson or Judicial\nmember or Technical or Administrative Member has been informed of the charges against\nhim and given a reasonable opportunity of being heard in respect of those charges.\n(3) The appropriate Government may suspend from the office of the Chairperson or\nJudicial member or Technical or Administrative Member in respect of whom a reference of\nconducting an inquiry has been made to the Judge of the High Court under sub-section (2),\nuntil the appropriate Government passes an order on receipt of the report of inquiry made by\nthe Judge of the High Court on such reference.\n(4) The appropriate Government may, by rules, regulate the procedure for inquiry\nreferred to in sub-section (2).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "Section 50. (1) The Chairperson or Judicial Member or Technical or Administrative Member,",
            "chapter": null,
            "content": "ceasing to hold office as such shall not:—\n(a) Accept any employment in, or connected with, the management or\nadministration of, any person or organisation which has been associated with any\nwork under this Act, from the date on which he ceases to hold office:\nProvided that nothing contained in this clause shall apply to any employment\nunder the appropriate Government or a local authority or in any statutory authority or\nany corporation established by or under any Central, State of provincial Act or a\nGovernment Company as defined under clause ( 45) of section 2 of the Companies\nAct, 2013, which is not a promoter as per the provisions of this Act;\n(b) act, for or on behalf of any person or organisation in connection with any\nspecific proceeding or transaction or negotiation or a case to which the Authority is a\nparty and with respect to which the Chairperson or Judicial Member or Technical or\nAdministrative Member had, before cessation of office, acted for or provided advice\nto, the Authority;\n(c) give advice to any person using information which was obtained in his capacity\nas the Chairperson or Judicial Member or Technical or Administrative Member and\nbeing unavailable to or not being able to be made available to the public;\n(d) enter into a contrat of service with, or accept an appointment to a board of\ndirectors of, or accept an offer of employment with, an entity with which he had direct\nand significant official dealings during his term of office as such.\n(2) The Chairperson or Judicial Member or Technical or Administrative Member shall\nnot communicate or reveal to any person any matter which has been brought under his\nconsideration or known to him while acting as such.\nRemoval of\nChairperson\nand Member\nfrom office\nin certain\ncircumstances.\nRestrictions\non\nChairperson\nor Judicial\nMember or\nTechnical or\nAdministrative\nMember on\nemployment\nafter\ncessation of\noffice.\n18 of 2013.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "Section 51. (1) The appropriate Government shall provide the Appellate Tribunal with such",
            "chapter": null,
            "content": "officers and employees as it may deem fit.\n(2) The officers and employees of the Appellate Tribunal shall discharge their functions\nunder the general superintendence of its Chairperson.\n(3) The salary and allowances payable to, and the other terms and conditions of\nservice of, the officers and employees of the Appellate Tribunal shall be such as may be\nprescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "Section 52. If, for reason other than temporary absence, any vacancy occurs in the office of the",
            "chapter": null,
            "content": "Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint\nanother person in accordance with the provisions of this Act to fill the vacancy and the\nproceedings may be continued before the Appellae Tribunal from the stage at which the\nvacancy is filled.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "Section 53. (1) The Appellate Tribunal shall not be bound by the procedure laid down by the",
            "chapter": null,
            "content": "Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice.\n(2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to\nregulate its own procedure.\n(3) The Appellate Tribunal shall also not be bound by the rules of evidence contained\nin the Indian Evidence Act, 1872.\n(4) The Appellate Tribunal shall have, for the purpose of discharging its functions\nunder this Act, the same powers as are vested in a civil court under the Code of Civil\nProcedure, 1908 in respect of the following matters, namely:—\n(a) summoning and enforcing the attendance of any person and examining him\non oath;\n(b) requiring the discovery and production of documents;\n(c) receiving evidence on affidavits;\n(d) issuing commissions for the examinations of witnesses or documents;\n(e) reviewing its decisions;\n(f) dismissing an application for default or directing it ex parte; and\n(g) any other matter which may be prescribed.\n(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial\nproceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196\nof the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the\npurposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "Section 54. The Chairperson shall have powers of general superintendence and direction in",
            "chapter": null,
            "content": "the conduct of the affairs of Appellate Tribunal and he shall, in addition to presiding over the\nmeetings of the Appellate Tribunal exercise and discharge such administrative powers and\nfunctions of the Appellate Tribunal as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "Section 55. No act or proceeding of the Appellate Tribunal shall be invalid merely by reason",
            "chapter": null,
            "content": "of—\n(a) any vacancy in, or any defect in the constitution of, the Appellate Tribunal, or\n(b) any defect in the appointment of a person acting as a Member of the Appellate\nTribunal; or\n(c) Any irregularity in the procedure of the Appellate Tribunal not affecting the\nmerits of the case.\nOfficers and\nother\nemployees of\nAppellate\nTribunal.\nVacancies.\nPowers of\nTribunal.5 of 1908.\n1 of 1872.\n5 of 1908.\nAdministrative\npowers of\nChairperson\nof Appellate\nTribunal.\nVacancies,\netc., not to\ninvalidate\nproceeding of\nAppellate\nTribunal.\n45 of 1860.\n2 of 1974.\n\n28 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "Section 56. The applicant or appellant may either appear in person or authorise one or more",
            "chapter": null,
            "content": "chartered accountants or company secretaries or cost accountants or legal practitioners or\nany of its officers to present his or its case before the Appellate Tribunal or the Regulatory\nAuthority or the adjudicating officer, as the case may be.\nExplanation.—For the purposes of this section,—\n(a) \"chartered accountant\" means a chartered accountant as defined in clause ( b) of\nsub-section (1) of section 2 of the Chartered Accountants Act, 1949 or any other law for the\ntime being in force and who has obtained a certificate of practice under sub-section ( 1) of\nsection 6 of that Act;\n(b) \"company secretary\" means a company secretary as defined in clause ( c) of\nsub-section (1) of section 2 of the Company Secretaries Act, 1980 or any other law for the\ntime being in force and who has obtained a certificate of practice under sub-section ( 1) of\nsection 6 of that Act;\n(c) \"cost accountant\" means a cost accountant as defined in clause (b) of sub-section (1)\nof section 2 of the Cost and Works Accountants Act, 1959 or any other law for the time being\nin force and who has obtained a certificate of practice under sub-section (1) of section 6 of\nthat Act;\n(d) \"legal practitioner\" means an advocate, vakil or an attorney of any High Court, and\nincludes a pleader in practice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "Section 57. (1) Every order made by the Appellate Tribunal under this Act shall be executable",
            "chapter": null,
            "content": "by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate\nTribunal shall have all the powers of a civil court.\n(2) Notwithstanding anything contained in sub-section ( 1), the Appellate Tribunal\nmay transmit any order made by it to a civil court having local jurisdiction and such civil court\nshall execute the order as if it were a decree made by the court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "Section 58. (1) Any person aggrieved by any decision or order of the Appellate Tribunal, may,",
            "chapter": null,
            "content": "file an appeal to the High Court,  within a period of sixty days from the date of communication\nof the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds\nspecified in section 100 of the Code of Civil Procedure, 1908:\nProvided that the High Court may entertain the appeal after the expiry of the said\nperiod of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from\npreferring the appeal in time.\nExplanation.—The expression \"High Court\" means the High Court of a State or Union\nterritory where the real estate project is situated.\n(2) No appeal shall lie against any decision or order made by the Appellate Tribunal\nwith the consent of the parties.\nCHAPTER VIII\nO\nFFENCES, PENALTIES AND ADJUDICATION",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "Section 59. (1) If any promoter contravenes the provisions of section 3, he shall be liable to a",
            "chapter": null,
            "content": "penalty which may extend up to ten per cent. of the estimated cost of the real estate project\nas determined by the Authority.\n(2) If any promoter does not comply with the orders, decisions or directions issued\nunder sub-section (1) or continues to violate the provisions of section 3, he shall be punishable\nwith imprisonment for a term which may extend up to three years or with fine which may\nextend up to a further ten per cent. of the estimated cost  of the real estate project, or with\nboth.\nRight to legal\nrepresentation.\nOrders passed\nby Appellate\nTribunal to be\nexecutable as a\ndecree.\nAppeal to\nHigh Court.\nPunishment for\nnon-\nregistration\nunder\nsection 3.\n38 of 1949.\n23 of 1959.\n56 of 1980.\n5 of 1908.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "Section 60. If any promoter provides false information or contravenes the provisions of",
            "chapter": null,
            "content": "section 4, he shall be liable to a penalty which may extend up to five per cent. of the estimated\ncost of the real estate project, as determined by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "Section 61. If any promoter contravenes any other provisions of this Act, other than that",
            "chapter": null,
            "content": "provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be\nliable to a penalty which may extend up to five per cent. of the estimated cost of the real estate\nproject as determined by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "62",
            "title": "Section 62. If any real estate agent fails to comply with or contravenes the provisions of",
            "chapter": null,
            "content": "section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day\nduring which such default continues, which may cumulatively extend up to five per cent. of\nthe cost of plot, apartment or buildings, as the case may be, of the real estate project, for\nwhich the sale or purchase has been facilitated as determined by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "Section 63. If any promoter, who fails to comply with, or contravenes any of the orders or",
            "chapter": null,
            "content": "directions of the Authority, he shall be liable to a penalty for every day during which such\ndefault continues, which may cumulatively extend up to five per cent., of  the estimated cost\nof the real estate project as determined by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "Section 64. If any promoter, who fails to comply with, or contravenes any of the orders, decisions",
            "chapter": null,
            "content": "or directions of the Applellate Trinbunal, he shall be punishable with imprisonment for a term\nwhich may extend up to three years or with fine for every day during which such default\ncontinues, which may cumulatively extend up to ten per cent. of the estimated cost of the real\nestate project, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "Section 65. If any real estate agent, who fails to comply with, or contravenes any of the orders",
            "chapter": null,
            "content": "or directions of the Authority, he shall be liable to a penalty for every day during which such\ndefault continues, which may cumulatively extend up to five per cent., of the estimated cost\nof plot, apartment or building, as the case may be, of the real estate project, for which the sale\nor purchase has been facilitated and as determined by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "Section 66. If any real estate agent, who fails to comply with, or contravenes any of the orders,",
            "chapter": null,
            "content": "decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment\nfor a term which may extend  up to one year or with fine for every day during which such\ndefault continues, which may cumulatively extend up to ten per cent. of the estimated cost of\nplot, apartment or building, as the case may be, of the real estate project,  for which the sale\nor purchase has been facilitated, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "Section 67. If any allottee, who fails to comply with, or contravenes any of the orders, decisions",
            "chapter": null,
            "content": "or directions of the Authority he shall be liable to a penalty for the period during which such\ndefault continues, which may cumulatively extend up to five per cent. of the plot, apartment\nor building cost, as the case may be, as determined by the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "Section 68. If any allottee, who fails to comply with, or contravenes any of the orders or",
            "chapter": null,
            "content": "directions of the Applellate Tribunal, as the case may be, he shall be punishable with\nimprisonment for a term which may extend up to one year or with fine for every day during\nwhich such default continues, which may cumulatively extend up to ten per cent. of the plot,\napartment or building cost, as the case may be, or with both.\nPenalty for\ncontravention\nof section 4.\nPenalty for\ncontravention\nof other\nprovisions of\nthis Act.\nPenalty for\nnon-\nregistration\nand\ncontravention\nunder\nsections 9\nand 10.\nPenalty for\nfailure to\ncomply with\norders of\nAuthority by\npromoter.\nPenalty for\nfailure to\ncomply with\norders of\nAppellate\nTribunal by\npromoter.\nPenalty for\nfailure to\ncomply with\norders of\nAuthority by\nreal estate\nagent.\nPenalty for\nfailure to\ncomply with\norders of\nAppellate\nTribunal by\nreal estate\nagent.\nPenalty for\nfailure to\ncomply with\norders of\nAuthority by\nallottee.\nPenalty for\nfailure to\ncomply with\norders of\nAppellate\nTribunal by\nallottee.\n\n30 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "Section 69. (1) Where an Offence under this Act has been committed by a company, every",
            "chapter": null,
            "content": "person who, at the time, the offence was committed was in charge of, or was responsible to\nthe company for the conduct of, the business of the company, as well as the company, shall\nbe deemed to be guilty of the offence and shall be liable to be proceeded against and\npunished accordingly:\nProvided that nothing contained in this sub-section, shall render any such person\nliable to any punishment under this Act if he proves that the offence was committed without\nhis knowledge or that he had exercised all due diligence to prevent the commission of such\noffence.\n(2) Notwithstanding anything contained in sub-section ( 1), where an offence under\nthis Act has been committed by a company, and it is proved that the offence has been\ncommitted with the consent or connivance of, or is attributable to, any neglect on the part of\nany director, manager, secretary or other officer of the company, such director, manager,\nsecretary or other officer shall also be deemed to be guilty of that offence and shall be liable\nto be proceeded against and punished accordingly.\nExplanation.—For the purpose of this section,—\n(a) ''company'' means any body corporate and includes a firm, or other association\nof individuals; and\n(b) ''director'' in releation to a firm, means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "70",
            "title": "Section 70. Notwithstanding anything contained  in the Code of Crimnal Procedure, 1973, if",
            "chapter": null,
            "content": "any person is punished with imprisonment under this Act, the punishment may, either before\nor after the institution of the prosecution, be compounded by the court on such terms and\nconditions and on payment of such sums as may be prescribed:\nProvided that the sum prescribed shall not, in any case, exceed the maximum amount of\nthe fine which may be imposed for the offence so compounded.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "71",
            "title": "Section 71. (1) For the purpose of adjudging compensation under sections 12, 14, 18 and",
            "chapter": null,
            "content": "section 19, the Authority shall appoint in consultation with the appropriate Government one\nor more judicial officer as deemed necessary, who is or has been a District Judge to be an\nadjudicating officer for holding an inquiry in the prescribed manner, after giving any person\nconcerned a reasonable opportunity of being heard:\nProvided that any person whose complaint in respect of matters covered under sections\n12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the\nConsumer Disputes Redressal Commission or the National Consumer Redressal Commission,\nestablished under section 9 of the Consumer Protection Act, 1986, on or before the\ncommencement of this Act, he may, with the permission of such Forum or Commission, as the\ncase may be, withdraw the complaint pending before it and file an application before the\nadjudicating officer under this Act.\n(2) The application for adjudging compensation under sub-section (1), shall be dealt\nwith by the adjudicating officer as expeditiously as possible and dispose of the same within\na period of sixty days from the date of receipt of the application:\nProvided that where any such application could not be disposed of within the said\nperiod of sixty days, the adjudicating officer shall record his reasons in writing for not\ndisposing of the application within that period.\n(3) While holding an inquiry the adjudicating officer shall have power to summon and\nenforce the attendance of any person acquainted with the facts and circumstances of the\ncase to give evidence or to produce any document which in the opinion of the adjudicating\nofficer, may be useful for or relevant to  the subject matter of the inquiry and if, on such\ninquiry, he is satisfied that the person has failed to comply with the provisions of any of the\nsections specified in sub-section (1), he may direct to pay such compensation or interest, as\nthe case any be, as he thinks fit in accordance with the provisions of any of those sections.\nOffences by\ncompanies.\nCompounding\nof offences.\n2 of 1974.\nPower to\nadjudicate.\n68 of 1986.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "72",
            "title": "Section 72. While adjudging the quantum of compensation or interest, as the case may be,",
            "chapter": null,
            "content": "under section 71, the adjudicating officer shall have due regard to the following factors,\nnamely:—\n(a) the amount of disproportionate gain or unfair advantage, wherever\nquantifiable, made as a result of the default;\n(b) the amount of loss caused as a result of the default;\n(c) the repetitive nature of the default;\n(d) such other factors which the adjudicating officer considers necessary to the\ncase in furtherance of justice.\nCHAPTER IX\nF\nINANCE , ACCOUNTS , AUDITS  AND REPORTS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "73",
            "title": "Section 73. The Central Government may, after due appropriation made by Parliament in this",
            "chapter": null,
            "content": "behalf, make to the Authority grants and loans of such sums of money as that Government\nmay consider necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "74",
            "title": "Section 74. The State Government may, after due appropriation made by State Legislature by",
            "chapter": null,
            "content": "law in this behalf, make to the Authority, grants and loans of such sums of money as the State\nGovernment may think fit for being utilised for the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "75",
            "title": "Section 75. (1) The appropriate Government shall constitute a fund to be called the 'Real Estate",
            "chapter": null,
            "content": "Regulatory Fund' and there shall be credited thereto,—\n(a) all Government grants received by the Authority;\n(b) the fees received under this Act;\n(c) the interest accrued on the amounts referred to in clauses (a) to (b).\n(2) The Fund shall be applied for meeting—\n(a) the salaries and allowances payable to the Chairperson and other Members,\nthe adjudicating officer and the administrative expenses including the salaries and\nallowances payable to be officers and other employees of the Authority and the Appellate\nTribunal;\n(b) the other expenses of the Authority in connection with the discharge of its\nfunctions and for the pruposes of this Act.\n(3) The Fund shall be administered by a committee of such Members of the Authority\nas may be determined by the Chairperson.\n(4) The committee appointed under sub-section (3) shall spend monies out of the Fund\nfor carrying out the objects for which the Fund has  been constituted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "76",
            "title": "Section 76. (1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the",
            "chapter": null,
            "content": "Authority, in the Union terriroties, shall be credited to the Consolidated Fund of India.\n(2) All sums realised, by way of penalties, imposed by the Applellate Tribunal or the\nAuthority, in a State, shall be credited to such account as the State Government may\nspecify.\nFactors to be\ntaken into\naccount by the\nadjudicating\nofficer.\nGrants and\nloans by\nCentral\nGovernment.\nGrants and\nloans by State\nGovernment.\nConstitution\nof Fund.\nCrediting\nsums realised\nby way of\npenalties to\nConsolidated\nFund of India\nor State\naccount.\n\n32 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "77",
            "title": "Section 77. ( 1) The Authority shall prepare a budget, maintain proper accounts and other",
            "chapter": null,
            "content": "relevant records and prepare an annual statement of accounts in such form as may be\nprescribed by the appropriate Government in consultation with the Comptroller and Auditor-\nGeneral of India.\n(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-\nGeneral of India at such intervals as may be specified by him and any expenditure incurred in\nconnection with such audit shall be payable by the Authority to the Comptroller and Auditor-\nGeneral of India.\n(3) The Comptroller and Auditor-General and any person appointed by him in connection\nwith the audit of the accounts of the Authority under this Act shall have the same rights and\nprivileges and authority in connection with such audit as the Comptroller and Auditor-\nGeneral generally has in connection with the audit of Government accounts and, in particular\nshall have the right to demand and production of books, accounts, connected vouchers and\nother documents and papers, and to inspect any of the offices of the Authority.\n(4) The accounts of the Authority, as certified by the Comprtoller and Auditor-General\nof India or any other person appointed by him in this behalf, together with the audit report\nthereon shall be forwarded annually to the appropriate Government by the Authority and the\nappropriate Government shall cause the audit report to be laid, as soon as may be after it is\nreceived, before each House of Parliament or, as the case may be, before the State Legislature\nor the Union territory Legislature, where it consists of two Houses, or where such legislature\nconsists of one House, before the House.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "78",
            "title": "Section 78. (1) The Authority shall prepare once in every year, in such form and at such time as",
            "chapter": null,
            "content": "may be prescribed by the appropriate Government,—\n(a) a description of all the activities of the Authority for the previous year;\n(b) the annual accounts for the previous year; and\n(c) the programmes of work for the coming year.\n(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be\nafter it is received, before each House of Parliament or, as the case may be, before the State\nLegislature or the Union Territory Legislature, where it consists of two Houses, or where\nsuch legislature consists of one House, before that House.\nCHAPTER X\nM\nISCELLANEOUS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "79",
            "title": "Section 79. No civil court shall have jurisdiction to entertain any suit or proceeding in respect",
            "chapter": null,
            "content": "of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is\nempowered by or under this Act to determine and no injunction shall be granted by any court\nor other authority in respect of any action taken or to be taken in pursuance of any power\nconferred by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "80",
            "title": "Section 80. (1) No court shall take cognizance of any offence punishable under this Act or the",
            "chapter": null,
            "content": "rules or regulations made thereunder save on a complaint in writing made by the Authority or\nby any officer of the Authority duly authorised by it for this purpose.\n(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the\nfirst class shall try any offence punishable under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "81",
            "title": "Section 81. The Authority may, by general or special order in writing, delegate to any member,",
            "chapter": null,
            "content": "officer of the Authority or any other person subject to such conditions, if any, as may be\nspecified in the order, such of its powers and functions under this Act (except the power to\nmake regulations under section 85, as it may deem necessary.\nBudget,\naccounts and\naudit.\nAnnual\nreport.\nBar of\njurisdiction.\nCognizance of\noffences.\nDelegation.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "82",
            "title": "Section 82. (1) If, at any time, the appropriate Government is of the opinion,—",
            "chapter": null,
            "content": "(a) that, on account of circumstances beyond the control of the Authority, it is\nunable to discharge the functions or perform the duties imposed on it by or under the\nprovisions of this Act; or\n(b) that the Authority has persistently defaulted in complying with any direction\ngiven by the appropriate Government under this Act or in the discharge of the functions\nor performance of the duties imposed on it by or under the provisions of this Act and\nas a result of such default the financial position of the Authority or the administration\nof the Authority has suffered; or\n(c) that circumstances exist which render it necessary in the public interest so to\ndo,\nthe appropriate Government may, by notification, supersede the Authority for such period,\nnot exceeding six months, as may be specified in the notification and appoint a person or\npersons as the President or the Governor, as the case may be, may direct to exercise powers\nand discharge functions under this Act:\nProvided that before issuing any such notification, the appropriate Government shall\ngive a reasonable opportunity to the Authority to make representations against the proposed\nsupersession and shall consider the representations, if any, of the Authority.\n(2) Upon the publication of a notification under sub-section ( 1)  superseding the\nAuthority,—\n(a) the Chairperson and other Members shall, as from the date of supersession,\nvacate their offices as such;\n(b)  all the powers, functions and duties which may, by or under the provisions\nof this Act, be exercised or discharged by or on behalf of the Authority shall, until the\nAuthority is reconstitued under sub-section ( 3), be exercised and discharged by the\nperson or persons referred to in sub-section ( 1); and\n(c) all properties owned or controlled by the Authority shall, until the Authority\nis reconstituted under sub-section (3), vest in the appropriate Government.\n(3) On or before the expiration of the period of supersession specified in the notification\nissued under sub-section (1), the appropriate Government shall reconstitute the Authority\nby a fresh appointment of its Chairperson and other members and in such case any person\nwho had vacated his office under clause ( a) of sub-section ( 2) shall not be deemed to be\ndisqualified for re-appointment.\n(4) The appropriate Government shall cause a copy of the notification issued under\nsub-section (1) and a full report of any action taken under this section and the circumstances\nleading to such action to be laid before each House of Parliament or, as the case may be,\nbefore the State Legislature, or the Union Territory Legislature, as the case may be, where it\nconsists of two Houses, or where such legislature consists of one House, before that House.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "83",
            "title": "Section 83. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall,",
            "chapter": null,
            "content": "in exercise of its powers and in performance of its functions under this Act, be bound by such\ndirections on questions of policy, as the appropriate Government may give in writing to it\nfrom time to time :\nProvided that the Authority shall, as far as practicable, be given an opportunity to\nexpress its views before any direction is given under this sub-section.\n(2) If any dispute arises between the appropriate Government and the Authority as to\nwhether a question is or is not a question of policy, the decision of the appropriate Government\nthereon shall be final.\nPower of\nappropriate\nGovernment\nto supersede\nAuthority.\nPowers of\nappropriate\nGovernment\nto issue\ndirections to\nAuthority and\nobtain reports\nand returns.\n\n34 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(3) The Authority shall furnish to the appropriate Government such returns or other\ninformation with respect to its activities as the appropriate Government may, from time to\ntime, require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "84",
            "title": "Section 84. ( 1) The appropriate Government shall, within a period of six months of the",
            "chapter": null,
            "content": "commencement of this Act, by notification, make rules for carrying out the provisions of this\nAct.\n(2) In particular, and without prejudice to the generality of the foregoing power, such\nrules may provide for all or any of the following matters, namely:—\n(a) information and documents for application to Authority for registration under\nclause (m) of sub-section (2) of section 4;\n(b) the form and manner of making application and fee and documents to be\naccompanied with such application as under sub-section (2) of section 9;\n(c) the period, manner and conditions under which the registration is to be\ngranted under sub-section (3) of section 9;\n(d) the validity of the period of registration and the manner and fee for renewal\nunder sub-section (6) of section 9;\n(e) the maintenance and preservation of books of account, records and documents\nunder clause (b) of section 10;\n(f) the discharge of other functions by the real estate agent under clause ( e) of\nsection 10;\n(g) the rate of interest payable under section 12;\n(h) the form and particulars of agreement for sale under sub-section ( 2) of\nsection 13;\n(i) the rate of interest payable under clause (b) of sub-section (1) of section 18;\n(j) the rate of interest payable under sub-section (4) of section 19;\n(k) the rate of interest payable under sub-section (7) of section 19;\n(l) the manner of selection of Chairperson and Members of Authority under\nsection 22;\n(m) the salaries and allowances payable to, and the other terms and conditions of\nservice of, the Chairperson and other Members of the Authority under sub-section (1)\nof section 24;\n(n) the administrative powers of the Chairpersons under section 25;\n(o) the salaries and allowances payable to, and the other terms and conditions of\nservice of, the officers and other employees of the Authority under sub-section (2) of\nsection 28;\n(p\n) the details to be published on the website as under clause ( b) and under\nclause (d) of section 34;\n(q) the additional functions which may be performed by the Authority under\nclause (iv) of sub-section (2) of section 35;\n(r) the manner of recovery of interest, penalty and compensation under\nsub-section (1) of section 40;\n(s) the manner of implementation of the order, direction or decisions of the\nadjudicating officer, the Authority or the Appellate Tribunal under sub-section (2) of\nsection 40;\nPower of\nappropriate\nGovernment\nto make\nrules.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35\n(t) recommendations received from the Central Advisory Council under\nsub-section (2) of section 42;\n(u) the form and manner and fee for filling of appeal under sub-section ( 2) of\nsection 44;\n(v) the manner of selection of Members of the Tribunal under sub-section (3) of\nsection 46;\n(w) the salaries and allowances payable to, and the other terms and conditions of\nservice of, the Chairperson and other Members of the Appellate Tribunal under\nsub-section (1) of section 48;\n(x) the procedure for inquiry of the charges against the Chairperson or Judicial\nMember of the Tribunal under sub-section (4) of section 49;\n(y) the salaries and allowances payable to, and the other terms and conditions of\nservice of, the officers and employees of the Appellate Tribunal under sub-section (3)\nof section 51;\n(z) any other powers of the Tribunal under clause ( h) of sub-section ( 4) of\nsection 53;\n(za) the powers of the Chairperson of the Appellate Tribunal under section 54;\n(zb) the terms and conditions and the payment of such sum for compounding of\nthe offences under section 70;\n(zc) the manner of inquiry under sub-section (1) of section 71;\n(zd) the form to be specified in which the Authority shall prepare a budget,\nmaintain proper accounts and other relevant records and prepare an annual statement\nof accounts under sub-section (1) of section 77;\n(ze) the form in which and time at which the Authority shall prepare an annual\nreport under sub-section (1) of section 78;\n(zf) any other matter which is to be, or may be, prescribed, or in respect of which\nprovision is to be made, by rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "85",
            "title": "Section 85. (1) The Authority  shall, within a period of three months of its establishment,  by",
            "chapter": null,
            "content": "notification, make regulations, consistent with this Act and the rules made thereunder to\ncarry out the purposes of this Act.\n(2) In particular, and without prejudice to the generality of the foregoing power, such\nregulations may provide for all or any of the following matters, namely:—\n(a) the form and manner of making application and fee payable herewith under\nsub-section (1) of section 4;\n(b) the form of application and the fees for extension of registration under\nsection 6;\n(c) such other information and documents required under clause ( f) of\nsub-section (1) of section 11;\n(d) display of sanctioned plans, layout plans along  with  specifications, approved\nby the competent authority, for display under clause ( a)  of sub-section ( 3) of\nsection 11;\n(e) preparation and maintenance of other details under  sub-section ( 6) of\nsection 11;\n(f) time, places and the procedure in regard to transaction of business at the\nmeetings of the Authority under sub-section (1) of section 29;\nPower to\nmake\nregulations.\n\n36 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—\n(g) the form, manner and fees for filing a complaint under sub-section  ( 2) of\nsection 31;\n(h) standard fees to be levied on the promoter, the allottees or  the real estate\nagent under clause (e) of section 34;\n(i) any other matter which is required to be, or may be, specified by regulation or in\nrespect of which provision is to be made by regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "86",
            "title": "Section 86. (1) Every rule made by the Central Government, every regulation made by the",
            "chapter": null,
            "content": "Authority under the Union terriotry  of Delhi and the Union territories without Legislature\nand every notification issued by the Central Government under this Act shall be laid, as soon\nas may be after it is made, before each House of Parliament, while it is in session, for a total\nperiod of thirty days which may be comprised  in one session or in two or more successive\nsessions, and if, before the expiry of the session immediately  following the session or the\nsuccessive sessions  aforesaid, both Houses agree in making any modification in the rule of\nregulation or in the notification, as the case may  be, or both Houses agree that the rule or\nregulation or the notification should  not be made, the rule or regulation or notification, as the\ncase may be, shall thereafter  have effect only in such modified form or be of no effect, as the\ncase may be; so, however, that any such modification or annulment shall be without\nprejudice to the validity of anything previously done under that rule or regulation or\nnotification, as the  case may be.\n(2) Every rule made by a State Government or the Union territory Government, as the\ncase may be, every regulation made by the Authority under the State Government or the\nUnion territory Government of Puducherry, as  the case may be, and every notification issued\nby the State Government or the Union territory Government of Puducherry, as the case  may\nbe, under this Act, shall be laid  as soon as may be, after  it is made, before the State\nLegislature, or the Union territory Legislature, as the case may be, where it consists of two\nHouses, or where  such legislature  consists of one House, before that House.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "87",
            "title": "Section 87. The Chairperson, Members and other officers and employees of the Authority, and",
            "chapter": null,
            "content": "the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants\nwithin the meaning of section 21 of the Indian Penal Code.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "88",
            "title": "Section 88. The provisions of this Act shall be in addition to, and not in derogation of, the",
            "chapter": null,
            "content": "provisions of any other law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "89",
            "title": "Section 89. The provisions of this Act shall have effect, notwithstanding anything inconsis-",
            "chapter": null,
            "content": "tent therewith contained in any other law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "90",
            "title": "Section 90. No suit, prosecution or other legal proceedings shall lie against the  appropriate",
            "chapter": null,
            "content": "Government or the Authority or any officer of the appropriate Government or any member,\nofficer or other employees of the Authority for anything which is in good faith done or\nintended to be done under this Act or the rules or regulations made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "91",
            "title": "Section 91. (1) If any difficulty arises in giving effect to the provisions of this Act, the  Central",
            "chapter": null,
            "content": "Government may, by order, published in the Official Gazette,  make such provisions not\ninconsistent with the provisions of this Act as may appear to be necessary for removing the\ndifficulty:\nProvided  that no order shall be made under this section after the expiry of two years\nfrom the date of the commencement of this Act.\n(2) Every order made under this section shall be laid, as soon as may be after it is made,\nbefore each House of Parliament.\nLaying  of\nrules.\nMembers,\netc., to be\npublic\nservants.\nApplication\nof other laws\nnot barred.\nAct to have\noverriding\neffect.\nProtection\nof action\ntaken in\ngood faith.\nPower to\nremove\ndifficulties.\n45 of 1860.\n\nSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "92",
            "title": "Section 92. The Maharashtra Housing  (Regulation and Development) Act, 2012 is hereby",
            "chapter": null,
            "content": "repealed.\n————\nDR. REETA V ASISHTA,\nAdditional Secy. to the Govt. of  India.\nRepeal.Maharashtra\nAct No. II of",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "2014",
            "title": "Section 2014. GMGIPMRND—5324GI(S3)—26-03-2016.",
            "chapter": null,
            "content": "PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,  NEW DELHI\nAND PUBLISHED BY THE CONTROLLER OF  PUBLICATIONS, DELHI—2016.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        }
    ],
    "metadata": {
        "Act ID": "201617",
        "Act Number": "17",
        "Enactment Date": "2016-03-26",
        "Act Year": "2016",
        "Short Title": "The real estate (regulation and development) act, 2016",
        "Ministry": "Ministry of Andaman and Nicobar Administration",
        "Department": "Andaman Public Works Department",
        "Type": "STATE",
        "Location": "Andaman and Nicobar Islands"
    },
    "updated_at": "2026-09-29 21:51:57"
}