recommendation of the competent authority, revoke the registration granted under section 5,
after being satisfied that—
(a) the promoter makes default in doing anything required by or under this Act or
the rules or the regulations made thereunder;
(b) the promoter violates any of the terms or conditions of the approval given by
the competent authority;
(c) the promoter is involved in any kind of unfair practice or irregularities.
Explanation.—For the purposes of this clause, the term "unfair practice means" a
practice which, for the purpose of promoting the sale or development of any real estate
project adopts any unfair method or unfair or deceptive practice including any of the following
practices, namely:—
(A) the practice of making any statement, whether in writing or by visible
representation which,—
(i) falsely represents that the services are of a particular standard or grade;
(ii) represents that the promoter has approval or affiliation which such
promoter does not have;
(iii) makes a false or misleading representation concerning the services;
(B) the promoter permits the publication of any advertisement or prospectus
whether in any newspaper or otherwise of services that are not intended to be offered;
(d) the promoter indulges in any fraudulent practices.
(2) The registration granted to the promoter under section 5 shall not be revoked
unless the Authority has given to the promoter not less than thirty days notice, in writing,
stating the grounds on which it is proposed to revoke the registraton, and has considered
any cause shown by the promoter within the period of that notice against the proposed
revocation.
(3) The Authority may, instead of revoking the registration under sub-section ( 1),
permit it to remain in force subject to such further terms and conditions as it thinks fit to
impose in the interest of the allottees, and any such terms and conditions so imposed shall be
binding upon the promoter.
(4) The Authority, upon the revocation of the registration,—
(a) shall debar the promoter from accessing its website in relation to that project
and specify his name in the list of defaulters and display his photograph on its website
and also inform the other Real Estate Regulatory Authority in other States and Union
territories about such revocation or registration;
(b) shall facilitate the remaining development works to be carried out in accordance
with the provisions of section 8;
(c) shall direct the bank holding the project back account, specified under sub-
clause (D) of clause ( I) of sub-section ( 2) of section 4, to freeze the account, and
thereafter take such further necessary actions, including consequent de-freezing of
the said account, towards facilitating the remaining development works in accordance
with the provisions of section 8;
(d) may, to protect the interest of allottees or in the public interest, issue such
directions as it may deem necessary.
Revocation
of
registration.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
Section 7 • The real estate (regulation and development) act, 2016
Section 7. (1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the
real-estate-regulation-and-development-act-2016-sec-7.json
•
Section 7
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"number": "7",
"title": "Section 7. (1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the",
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"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",
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