THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

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THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
3. Prior registration of real estate project with Real Estate Regulatory Authority.
4. Application for registration of real estate projects.
5. Grant of registration.
6. Extension of registration.
7. Revocation of registration.
8. Obligation of Authority consequent upon lapse of or on revocation of registration.
9. Registration of real estate agents.
10. Functions of real estate agents.
CHAPTER III
FUNCTIONS AND DUTIES OF PROMOTER
11. Functions and duties of promoter.
12. Obligations of promoter regarding veracity of the advertisement or prospectus.
13. No deposit or advance to be taken by promoter without first entering into agreement for sale.
14. Adherence to sanctioned plans and project specifications by the promoter.
15. Obligations of promoter in case of transfer of a real estate project to a third party.
16. Obligations of promoter regarding insurance of real estate project.
17. Transfer of title.
18. Return of amount and compensation.
CHAPTER IV
RIGHTS AND DUTIES OF ALLOTTEES
19. Rights and duties of allottees.
CHAPTET V
THE REAL ESTATE REGULATORY AUTHORITY
20. Establishment and incorporation of Real Estate Regulatory Authority.
21. Composition of Authority.
22. Qualifications of Chairperson and Members of Authority.
23. Term of office of Chairperson and Members.
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SECTIONS
24. Salary and allowances payable to Chairperson and Members.
25. Administrative powers of Chairperson.
26. Removal of Chairperson and Members from office in certain circumstances.
27. Restrictions on Chairperson or Members on employment after cessation of office.
28. Officers and other employees of Authority.
29. Meetings of Authority.
30. Vacancies, etc., not to invalidate proceeding of Authority.
31. Filing of complaints with the Authority or the adjudicating officer.
32. Functions of Authority for promotion of real estate sector.
33. Advocacy and awareness measures.
34. Functions of Authority.
35. Powers of Authority to call for information, conduct investigations.
36. Power to issue interim orders.
37. Powers of Authority to issue directions.
38. Powers of Authority.
39. Rectification of orders.
40. Recovery of interest or penalty or compensation and enforcement of order, etc.
CHAPTER VI
CENTRAL ADVISORY COUNCIL
41. Establishment of Central Advisory Council.
42. Functions of Central Advisory Council.
CHAPTER VII
THE REAL ESTATE APPELLATE TRIBUNAL
43. Establishment of Real Estate Appellate Tribunal.
44. Application for settlement of disputes and appeals to Appellate Tribunal.
45. Composition of Appellate Tribunal.
46. Qualifications for appointment of Chairperson and Members.
47. Term of office of Chairperson and Members.
48. Salary and allowances payable to Chairperson and Members.
49. Removal of Chairperson and Member from office in certain circumstances.
50. Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on
employment after cessation of office.
51. Officers and other employees of Appellate Tribunal.
52. Vacancies.
53. Powers of Tribunal.
54. Administrative powers of Chairperson of Appellate Tribunal.
55. Vacancies, etc., not to invalidate proceeding of Appellate Tribunal.
56. Right to legal representation.
57. Orders passed by Appellate Tribunal to be executable as a decree.
58. Appeal to High Court.
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CHAPTER VIII
OFFENCES, PENALTIES AND ADJUDICATION
SECTIONS
59. Punishment for nonregistration under section 3.
60. Penalty for contravention of section 4.
61. Penalty for contravention of other provisions of this Act.
62. Penalty for nonregistration and contravention under sections 9 and 10.
63. Penalty for failure to comply with orders of Authority by promoter.
64. Penalty for failure to comply with orders of Appellate Tribunal by promoter.
65. Penalty for failure to comply with orders of Authority by real estate agent.
66. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.
67. Penalty for failure to comply with orders of Authority by allottee.
68. Penalty for failure to comply with orders of Appellate Tribunal by allottee.
69. Offences by companies.
70. Compounding of offences.
71. Power to adjudicate.
72. Factors to be taken into account by the adjudicating officer.
CHAPTER IX
FINANCE, ACCOUNTS, AUDITS AND REPORTS
73. Grants and loans by Central Government.
74. Grants and loans by State Government.
75. Constitution of Fund.
76. Crediting sums realised by way of penalties to Consolidated Fund of India or State account.
77. Budget, accounts and audit.
78. Annual report.
CHAPTER X
MISCELLANEOUS
79. Bar of jurisdiction.
80. Cognizance of offences.
81. Delegation.
82. Power of appropriate Government to supersede Authority.
83. Powers of appropriate Government to issue directions to Authority and obtain reports and returns.
84. Power of appropriate Government to make rules.
85. Power to make regulations.
86. Laying of rules.
87. Members, etc., to be public servants.
88. Application of other laws not barred.
89. Act to have overriding effect.
90. Protection of action taken in good faith.
91. Power to remove difficulties.
92. Repeal.
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THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
ACT NO. 16 OF 2016
[25th March, 2016.]
An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real
estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real
estate project, in an efficient and transparent manner and to protect the interest of consumers in
the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and
also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of
the Real Estate Regulatory Authority and the adjudicating officer and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Real Estate (Regulation
and Development) Act, 2016.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference
in any such provision to the commencement of this Act shall be construed as a reference to the coming
into force of that provision.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “adjudicating officer” means the adjudicating officer appointed under sub-section (1) of
section 71;
(b) “advertisement” means any document described or issued as advertisement through any
medium and includes any notice, circular or other documents or publicity in any form, informing
persons about a real estate project, or offering for sale of a plot, building or apartment or inviting
persons to purchase in any manner such plot, building or apartment or to make advances or deposits
for such purposes;
(c) “agreement for sale” means an agreement entered into between the promoter and the allottee;
(d) “allottee” in relation to a real estate project, means the person to whom a plot, apartment or
building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise
transferred by the promoter, and includes the person who subsequently acquires the said allotment
through sale, transfer or otherwise but does not include a person to whom such plot, apartment or
building, as the case may be, is given on rent;
(e) “apartment” whether called block, chamber, dwelling unit, flat, office, showroom, shop,
godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part
of any immovable property, including one or more rooms or enclosed spaces, located on one or more
floors or any part thereof, in a building or on a plot of land, used or intended to be used for any
residential or commercial use such as residence, office, shop, showroom or godown or for carrying on
any business, occupation, profession or trade, or for any other type of use ancillary to the purpose
specified;
(f) “Appellate Tribunal” means the Real Estate Appellate Tribunal established under section 43;
1. 1st May, 2016, vide notification No. S.O. 1544(E), (Except ss. 3 to 19, 40, 59 to 70, 79 & 80) dated 26th April, 2016, see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
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(g) “appropriate Government” means in respect of matters relating to,—
(i) the Union territory without Legislature, the Central Government;
(ii) the Union territory of Puducherry, the Union territory Government;
(iii) the Union territory of Delhi, the Central Ministry of Urban Development;
(iv) the State, the State Government;
(h) “architect” means a person registered as an architect under the provisions of the Architects
Act, 1972 (20 of 1972);
(i) “Authority” means the Real Estate Regulatory Authority established under sub-section (1) of
section 20;
(j) “building” includes any structure or erection or part of a structure or erection which is intended
to be used for residential, commercial or for the purpose of any business, occupation, profession or
trade, or for any other related purposes;
(k) “carpet area” means the net usable floor area of an apartment, excluding the area covered by
the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open
terrace area, but includes the area covered by the internal partition walls of the apartment.
Explanation.— For the purpose of this clause, the expression “exclusive balcony or verandah
area” means the area of the balcony or verandah, as the case may be, which is appurtenant to the net
usable floor area of an apartment, meant for the exclusive use of the allottee; and “exclusive open
terrace area” means the area of open terrace which is appurtenant to the net usable floor area of an
apartment, meant for the exclusive use of the allottee;
(l) “Chairperson” means the Chairperson of the Real Estate Regulatory Authority appointed under
section 21;
(m) “commencement certificate” means the commencement certificate or the building permit or
the construction permit, by whatever name called issued by the competent authority to allow or
permit the promoter to begin development works on an immovable property, as per the sanctioned
plan;
(n) “common areas” mean—
(i) the entire land for the real estate project or where the project is developed in phases and
registration under this Act is sought for a phase, the entire land for that phase;
(ii) the stair cases, lifts, staircase and lift lobbies, fire escapes, and common entrances and
exits of buildings;
(iii) the common basements, terraces, parks, play areas, open parking areas and common
storage spaces;
(iv) the premises for the lodging of persons employed for the management of the property
including accommodation for watch and ward staffs or for the lodging of community service
personnel;
(v) installations of central services such as electricity, gas, water and sanitation,
air-conditioning and incinerating, system for water conservation and renewable energy;
(vi) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected
with installations for common use;
(vii) all community and commercial facilities as provided in the real estate project;
(viii) all other portion of the project necessary or convenient for its maintenance, safety, etc.,
and in common use;
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(o) “company” means a company incorporated and registered under the Companies Act, 2013
(18 of 2013) and includes,—
(i) a corporation established by or under any Central Act or State Act;
(ii) a development authority or any public authority established by the Government in this
behalf under any law for the time being in force;
(p) “competent authority” means the local authority or any authority created or established under
any law for the time being in force by the appropriate Government which exercises authority over
land under its jurisdiction, and has powers to give permission for development of such immovable
property;
(q) “completion certificate” means the completion certificate, or such other certificate, by
whatever name called, issued by the competent authority certifying that the real estate project has
been developed according to the sanctioned plan, layout plan and specifications, as approved by the
competent authority under the local laws;
(r) “day” means the working day, in the concerned State or Union territory, as the case may be,
notified by the appropriate Government from time to time;
(s) “development” with its grammatical variations and cognate expressions, means carrying out
the development of immovable property, engineering or other operations in, on, over or under the
land or the making of any material change in any immovable property or land and includes redevelopment;
(t) “development works” means the external development works and internal development works
on immovable property;
(u) “engineer” means a person who possesses a bachelor's degree or equivalent from an
institution recognised by the All India Council of Technical Education or any University or any
institution recognised under a law or is registered as an engineer under any law for the time being in
force;
(v) “estimated cost of real estate project” means the total cost involved in developing the real
estate project and includes the land cost, taxes, cess, development and other charges;
(w) “external development works” includes roads and road systems landscaping, water supply,
sewerage and drainage systems, electricity supply transformer, sub-station, solid waste management
and disposal or any other work which may have to be executed in the periphery of, or outside, a
project for its benefit, as may be provided under the local laws;
(x) “family” includes husband, wife, minor son and unmarried daughter wholly dependent on a
person;
(y) “garage” means a place within a project having a roof and walls on three sides for parking any
vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas;
(z) “immovable property” includes land, buildings, rights of ways, lights or any other benefit
arising out of land and things attached to the earth or permanently fastened to anything which is
attached to the earth, but not standing timber, standing crops or grass;
(za) “interest” means the rates of interest payable by the promoter or the allottee, as the case may
be.
Explanation.—For the purpose of this clause—
(i) the rate of interest chargeable from the allottee by the promoter, in case of default, shall be
equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of
default;
(ii) the interest payable by the promoter to the allottee shall be from the date the promoter
received the amount or any part thereof till the date the amount or part thereof and interest
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thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date
the allottee defaults in payment to the promoter till the date it is paid;
(zb) “internal development works” means roads, footpaths, water supply, sewers, drains, parks,
tree planting, street lighting, provision for community buildings and for treatment and disposal of
sewage and sullage water, solid waste management and disposal, water conservation, energy
management, fire protection and fire safety requirements, social infrastructure such as education
health and other public amenities or any other work in a project for its benefit, as per sanctioned
plans;
(zc) “local authority” means the Municipal Corporation or Municipality or Panchayats or any
other Local Body constituted under any law for the time being in force for providing municipal
services or basic services, as the case may be, in respect of areas under its jurisdiction;
(zd) “Member” means the member of the Real Estate Regulatory Authority appointed under
section 21 and includes the Chairperson;
(ze) “notification” means a notification published in the Official Gazette and the expression
“notify” shall be construed accordingly;
(zf) “occupancy certificate” means the occupancy certificate, or such other certificate, by
whatever name called, issued by the competent authority permitting occupation of any building, as
provided under local laws, which has provision for civic infrastructure such as water, sanitation and
electricity;
(zg) “Person” includes,—
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm under the Indian Partnership Act, 1932 (9 of 1932) or the Limited Liability
Partnership Act, 2008 (6 of 2009), as the case may be;
(v) a competent authority;
(vi) an association of persons or a body of individuals whether incorporated or not;
(vii) a co-operative society registered under any law relating to co-operative societies;
(viii) any such other entity as the appropriate Government may, by notification, specify in this
behalf;
(zh) “planning area” means a planning area or a development area or a local planning area or a
regional development plan area, by whatever name called, or any other area specified as such by the
appropriate Government or any competent authority and includes any area designated by the
appropriate Government or the competent authority to be a planning area for future planned
development, under the law relating to Town and Country Planning for the time being in force and as
revised from time to time;
(zi) “prescribed” means prescribed by rules made under this Act;
(zj) “project” means the real estate project as defined in clause (zn);
(zk) “promoter” means,—
(i) a person who constructs or causes to be constructed an independent building or a building
consisting of apartments, or converts an existing building or a part thereof into apartments, for the
purpose of selling all or some of the apartments to other persons and includes his assignees; or
(ii) a person who develops land into a project, whether or not the person also constructs
structures on any of the plots, for the purpose of selling to other persons all or some of the plots in
the said project, whether with or without structures thereon; or
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(iii) any development authority or any other public body in respect of allottees of—
(a) buildings or apartments, as the case may be, constructed by such authority or body on
lands owned by them or placed at their disposal by the Government; or
(b) plots owned by such authority or body or placed at their disposal by the Government,
for the purpose of selling all or some of the apartments or plots; or
(iv) an apex State level co-operative housing finance society and a primary co-operative
housing society which constructs apartments or buildings for its Members or in respect of the
allottees of such apartments or buildings; or
(v) any other person who acts himself as a builder, coloniser, contractor, developer, estate
developer or by any other name or claims to be acting as the holder of a power of attorney from
the owner of the land on which the building or apartment is constructed or plot is developed for
sale; or
(vi) such other person who constructs any building or apartment for sale to the general public.
Explanation.—For the purposes of this clause, where the person who constructs or converts a
building into apartments or develops a plot for sale and the person who sells apartments or plots
are different person, both of them shall be deemed to be the promoters and shall be jointly liable
as such for the functions and responsibilities specified under this Act or the rules and regulations
made thereunder;
(zl) “prospectus” means any document described or issued as a prospectus or any notice, circular,
or other document offering for sale of any real estate project or inviting any person to make advances
or deposits for such purposes;
(zm) “real estate agent” means any person, who negotiates or acts on behalf of one person in a
transaction of transfer of his plot, apartment or building, as the case may be, in a real estate project,
by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of
any other person to him and receives remuneration or fees or any other charges for his services
whether as a commission or otherwise and includes a person who introduces, through any medium,
prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or
building, as the case may be, and includes property dealers, brokers, middlemen by whatever name
called;
(zn) “real estate project” means the development of a building or a building consisting of
apartments, or converting an existing building or a part thereof into apartments, or the development of
land into plots or apartments, as the case may be, for the purpose of selling all or some of the said
apartments or plots or building, as the case may be, and includes the common areas, the development
works, all improvements and structures thereon, and all easement, rights and appurtenances belonging
thereto;
(zo) “regulations” means the regulations made by the Authority under this Act;
(zp) “rule” means the rules made under this Act by the appropriate Government;
(zq) “sanctioned plan” means the site plan, building plan, service plan, parking and circulation
plan, landscape plan, layout plan, zoning plan and such other plan and includes structural designs, if
applicable, permissions such as environment permission and such other permissions, which are
approved by the competent authority prior to start of a real estate project;
(zr) words and expressions used herein but not defined in this Act and defined in any law for the
time being in force or in the municipal laws or such other relevant laws of the appropriate
Government shall have the same meanings respectively assigned to them in those laws.
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CHAPTER II
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
3. Prior registration of real estate project with Real Estate Regulatory Authority.—(1) No
promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner
any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning
area, without registering the real estate project with the Real Estate Regulatory Authority established
under this Act:
Provided that projects that are ongoing on the date of commencement of this Act and for which the
completion certificate has not been issued, the promoter shall make an application to the Authority for
registration of the said project within a period of three months from the date of commencement of this
Act:
Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which
are developed beyond the planning area but with the requisite permission of the local authority, it may, by
order, direct the promoter of such project to register with the Authority, and the provisions of this Act or
the rules and regulations made thereunder, shall apply to such projects from that stage of registration.
(2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project
shall be required—
(a) where the area of land proposed to be developed does not exceed five hundred square meters
or the number of apartments proposed to be developed does not exceed eight inclusive of all phases:
Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold
below five hundred square meters or eight apartments, as the case may be, inclusive of all phases, for
exemption from registration under this Act;
(b) where the promoter has received completion certificate for a real estate project prior to
commencement of this Act;
(c) for the purpose of renovation or repair or re-development which does not involve marketing,
advertising selling or new allotment of any apartment, plot or building, as the case may be, under the
real estate project.
Explanation.—For the purpose of this section, where the real estate project is to be developed in
phases, every such phase shall be considered a stand alone real estate project, and the promoter shall
obtain registration under this Act for each phase separately.
4. Application for registration of real estate projects.—(1) Every promoter shall make an
application to the Authority for registration of the real estate project in such form, manner, within such
time and accompanied by such fee as may be 1
[prescribed].
(2) The promoter shall enclose the following documents along with the application referred to in
sub-section (1), namely:—
(a) a brief details of his enterprise including its name, registered address, type of enterprise
(proprietorship, societies, partnership, companies, competent authority), and the particulars of
registration, and the names and photographs of the promoter;
(b) a brief detail of the projects launched by him, in the past five years, whether already
completed or being developed, as the case may be, including the current status of the said projects,
any delay in its completion, details of cases pending, details of type of land and payments pending;
(c) an authenticated copy of the approvals and commencement certificate from the competent
authority obtained in accordance with the laws as may be applicable for the real estate project
mentioned in the application, and where the project is proposed to be developed in phases, an
authenticated copy of the approvals and commencement certificate from the competent authority for
each of such phases;
1. Subs. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347 (E)], for “specified by
the regulations made by the Authority” (w.e.f. 28-10-2016).
10
(d) the sanctioned plan, layout plan and specifications of the proposed project or the phase
thereof, and the whole project as sanctioned by the competent authority;
(e) the plan of development works to be executed in the proposed project and the proposed
facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency
evacuation services, use of renewable energy;
(f) the location details of the project, with clear demarcation of land dedicated for the project
along with its boundaries including the latitude and longitude of the end points of the project;
(g) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be
signed with the allottees;
(h) the number, type and the carpet area of apartments for sale in the project along with the area
of the exclusive balcony or verandah areas and the exclusive open terrace areas appurtenant with the
apartment, if any;
(i) the number and area of garage for sale in the project;
(j) the names and addresses of his real estate agents, if any, for the proposed project;
(k) the names and addresses of the contractors, architect, structural engineer, if any and other
persons concerned with the development of the proposed project;
(l) a declaration, supported by an affidavit, which shall be signed by the promoter or any person
authorised by the promoter, stating:—
(A) that he has a legal title to the land on which the development is proposed along with
legally valid documents with authentication of such title, if such land is owned by another person;
(B) that the land is free from all encumbrances, or as the case may be details of the
encumbrances on such land including any rights, title, interest or name of any party in or over
such land along with details;
(C) the time period within which he undertakes to complete the project or phase thereof, as
the case may be;
(D) that seventy per cent. of the amounts realised for the real estate project from the allottees,
from time to time, shall be deposited in a separate account to be maintained in a scheduled bank
to cover the cost of construction and the land cost and shall be used only for that purpose:
Provided that the promoter shall withdraw the amounts from the separate account, to cover
the cost of the project, in proportion to the percentage of completion of the project:
Provided further that the amounts from the separate account shall be withdrawn by the
promoter after it is certified by an engineer, an architect and a chartered accountant in practice
that the withdrawal is in proportion to the percentage of completion of the project:
Provided also that the promoter shall get his accounts audited within six months after the end
of every financial year by a chartered accountant in practice, and shall produce a statement of
accounts duly certified and signed by such chartered accountant and it shall be verified during the
audit that the amounts collected for a particular project have been utilised for that project and the
withdrawal has been in compliance with the proportion to the percentage of completion of the
project.
Explanation.—For the purpose of this clause, the term “scheduled bank” means a bank
included in the Second Scheduled to the Reserve Bank of India Act, 1934 (2 of 1934);
(E) that he shall take all the pending approvals on time, from the competent authorities;
(F) that he has furnished such other documents as may be prescribed by the rules or
regulations made under this Act; and
(m) such other information and documents as may be prescribed.
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(3) The Authority shall operationalise a web based online system for submitting applications for
registration of projects within a period of one year from the date of its establishment.
5. Grant of registration.—(1) On receipt of the application under sub-section (1) of section 4, the
Authority shall within a period of thirty days.
(a) grant registration subject to the provisions of this Act and the rules and regulations made
thereunder, and provide a registration number, including a Login Id and password to the applicant for
accessing the website of the Authority and to create his web page and to fill therein the details of the
proposed project; or
(b) reject the application for reasons to be recorded in writing, if such application does not
conform to the provisions of this Act or the rules or regulations made thereunder:
Provided that no application shall be rejected unless the applicant has been given an opportunity
of being heard in the matter.
(2) If the Authority fails to grant the registration or reject the application, as the case may be, as
provided under sub-section (1), the project shall be deemed to have been registered, and the Authority
shall within a period of seven days of the expiry of the said period of thirty days specified under
sub-section (1), provide a registration number and a Login Id and password to the promoter for accessing
the website of the Authority and to create his web page and to fill therein the details of the proposed
project.
(3) The registration granted under this section shall be valid for a period declared by the promoter
under sub-clause (C) of clause (l) of sub-section (2) of section 4 for completion of the project or phase
thereof, as the case may be.
6. Extension of registration.—The registration granted under section 5 may be extended by the
Authority on an application made by the promoter, due to force majeure, in such form and on payment of
such fee as may be 1
[prescribed]:
Provided that the Authority may in reasonable circumstances, without default on the part of the
promoter, based on the facts of each case, and for reasons to be recorded in writing, extend the
registration granted to a project for such time as it considers necessary, which shall, in aggregate, not
exceed a period of one year:
Provided further that no application for extension of registration shall be rejected unless the applicant
has been given an opportunity of being heard in the matter.
Explanation.— For the purpose of this section, the expression “force majeure” shall mean a case of
war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the
regular development of the real estate project.
7. Revocation of registration.—(1) The Authority may, on receipt of a complaint or suo motu in this
behalf or on the 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;
1. Subs. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347 (E)], for “specified
by regulations made by the Authority” (w.e.f. 28-10-2016).
12
(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 registration, 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 bank account, specified under sub-clause (D) of
clause (l) 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.
8. Obligation of Authority consequent upon lapse of or on revocation of registration.—Upon
lapse of the registration or on revocation of the registration under this Act, the Authority, may consult the
appropriate Government to take such action as it may deem fit including the carrying out of the remaining
development works by competent authority or by the association of allottees or in any other manner, as
may be determined by the Authority:
Provided that no direction, decision or order of the Authority under this section shall take effect until
the expiry of the period of appeal provided under the provisions of this Act:
Provided further that in case of revocation of registration of a project under this Act, the association
of allottees shall have the first right of refusal for carrying out of the remaining development works.
9. Registration of real estate agents.—(1) No real estate agent shall facilitate the sale or purchase of
or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the
case may be, in a real estate project or part of it, being the part of the real estate project registered under
section 3, being sold by the promoter in any planning area, without obtaining registration under this
section.
(2) Every real estate agent shall make an application to the Authority for registration in such form,
manner, within such time and accompanied by such fee and documents as may be prescribed.
(3) The Authority shall, within such period, in such manner and upon satisfying itself of the
fulfilment of such conditions, as may be prescribed—
(a) grant a single registration to the real estate agent for the entire State or Union territory, as the
case may be;
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(b) reject the application for reasons to be recorded in writing, if such application does not
conform to the provisions of the Act or this rules or regulations made thereunder:
Provided that no application shall be rejected unless the applicant has been given an opportunity of
being heard in the matter.
(4) Whereon the completion of the period specified under sub-section (3), if the applicant does not
receive any communication about the deficiencies in his application or the rejection of his application, he
shall be deemed to have been registered.
(5) Every real estate agent who is registered as per the provisions of this Act or the rules and
regulations made thereunder, shall be granted a registration number by the Authority, which shall be
quoted by the real estate agent in every sale facilitated by him under this Act.
(6) Every registration shall be valid for such period as may be prescribed, and shall be renewable for a
period in such manner and on payment of such fee as may be prescribed.
(7) Where any real estate agent who has been granted registration under this Act commits breach of
any of the conditions thereof or any other terms and conditions specified under this Act or any rules or
regulations made thereunder, or where the Authority is satisfied that such registration has been secured by
the real estate agent through misrepresentation or fraud, the Authority may, without prejudice to any other
provisions under this Act, revoke the registration or suspend the same for such period as it thinks fit:
Provided that no such revocation or suspension shall be made by the Authority unless an opportunity
of being heard has been given to the real estate agent.
10. Functions of real estate agents.—Every real estate agent registered under section 9 shall—
(a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a
real estate project or part of it, being sold by the promoter in any planning area, which is not
registered with the Authority;
(b) maintain and preserve such books of account, records and documents as may be prescribed;
(c) not involve himself in any unfair trade practices, namely:—
(i) the practice of making any statement, whether orally or in writing or by visible
representation which—
(A) falsely represents that the services are of a particular standard or grade;
(B) represents that the promoter or himself has approval or affiliation which such
promoter or himself does not have;
(C) makes a false or misleading representation concerning the services;
(ii) permitting the publication of any advertisement whether in any newspaper or otherwise of
services that are not intended to be offered.
(d) facilitate the possession of all the information and documents, as the allottee, is entitled to, at
the time of booking of any plot, apartment or building, as the case may be;
(e) discharge such other functions as may be prescribed.
CHAPTER III
FUNCTIONS AND DUTIES OF PROMOTER
11. Functions and duties of promoter.—(1) The promoter shall, upon receiving his Login Id and
password under clause (a) of sub-section (1) or under sub-section (2) of section 5, as the case may be,
create his web page on the website of the Authority and enter all details of the proposed project as
provided under sub-section (2) of section 4, in all the fields as provided, for public viewing, including—
(a) details of the registration granted by the Authority;
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(b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be,
booked;
(c) quarterly up-to-date the list of number of garages booked;
(d) quarterly up-to-date the list of approvals taken and the approvals which are pending
subsequent to commencement certificate;
(e) quarterly up-to-date status of the project; and
(f) such other information and documents as may be specified by the regulations made by the
Authority.
(2) The advertisement or prospectus issued or published by the promoter shall mention prominently
the website address of the Authority, wherein all details of the registered project have been entered and
include the registration number obtained from the Authority and such other matters incidental thereto.
(3) The promoter, at the time of the booking and issue of allotment letter shall be responsible to make
available to the allottee, the following information, namely:—
(a) sanctioned plans, layout plans, along with specifications, approved by the competent
authority, by display at the site or such other place as may be specified by the regulations made by the
Authority;
(b) the stage wise time schedule of completion of the project, including the provisions for civic
infrastructure like water, sanitation and electricity.
(4) The promoter shall—
(a) be responsible for all obligations, responsibilities and functions under the provisions of this
Act or the rules and regulations made thereunder or to the allottees as per the agreement for sale, or to
the association of allottees, as the case may be, till the conveyance of all the apartments, plots or
buildings, as the case may be, to the allottees, or the common areas to the association of allottees or
the competent authority, as the case may be:
Provided that the responsibility of the promoter, with respect to the structural defect or any other
defect for such period as is referred to in sub-section (3) of section 14, shall continue even after the
conveyance deed of all the apartments, plots or buildings, as the case may be, to the allottees are
executed.
(b) be responsible to obtain the completion certificate or the occupancy certificate, or both, as
applicable, from the relevant competent authority as per local laws or other laws for the time being in
force and to make it available to the allottees individually or to the association of allottees, as the case
may be;
(c) be responsible to obtain the lease certificate, where the real estate project is developed on a
leasehold land, specifying the period of lease, and certifying that all dues and charges in regard to the
leasehold land has been paid, and to make the lease certificate available to the association of allottees;
(d) be responsible for providing and maintaining the essential services, on reasonable charges, till
the taking over of the maintenance of the project by the association of the allottees;
(e) enable the formation of an association or society or co-operative society, as the case may be,
of the allottees, or a federation of the same, under the laws applicable:
Provided that in the absence of local laws, the association of allottees, by whatever name called,
shall be formed within a period of three months of the majority of allottees having booked their plot
or apartment or building, as the case may be, in the project;
(f) execute a registered conveyance deed of the apartment, plot or building, as the case may be, in
favour of the allottee along with the undivided proportionate title in the common areas to the
association of allottees or competent authority, as the case may be, as provided under section 17 of
this Act;
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(g) pay all outgoings until he transfers the physical possession of the real estate project to the
allottee or the associations of allottees, as the case may be, which he has collected from the allottees,
for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges
for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or
other encumbrances and such other liabilities payable to competent authorities, banks and financial
institutions, which are related to the project):
Provided that where any promoter fails to pay all or any of the outgoings collected by him from
the allottees or any liability, mortgage loan and interest thereon before transferring the real estate
project to such allottees, or the association of the allottees, as the case may be, the promoter shall
continue to be liable, even after the transfer of the property, to pay such outgoings and penal charges,
if any, to the authority or person to whom they are payable and be liable for the cost of any legal
proceedings which may be taken therefor by such authority or person;
(h) after he executes an agreement for sale for any apartment, plot or building, as the case may be,
not mortgage or create a charge on such apartment, plot or building, as the case may be, and if any
such mortgage or charge is made or created then notwithstanding anything contained in any other law
for the time being in force, it shall not affect the right and interest of the allottee who has taken or
agreed to take such apartment, plot or building, as the case may be;
(5) The promoter may cancel the allotment only in terms of the agreement for sale:
Provided that the allottee may approach the Authority for relief, if he is aggrieved by such
cancellation and such cancellation is not in accordance with the terms of the agreement for sale, unilateral
and without any sufficient cause.
(6) The promoter shall prepare and maintain all such other details as may be specified, from time to
time, by regulations made by the Authority.
12. Obligations of promoter regarding veracity of the advertisement or prospectus.—Where any
person makes an advance or a deposit on the basis of the information contained in the notice,
advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be,
and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be
compensated by the promoter in the manner as provided under this Act:
Provided that if the person affected by such incorrect, false statement contained in the notice,
advertisement or prospectus, or the model apartment, plot or building as the case may be, intends to
withdraw from the proposed project, he shall be returned his entire investment along with interest at such
rate as may be prescribed and the compensation in the manner provided under this Act.
13. No deposit or advance to be taken by promoter without first entering into agreement for
sale. —(1) A promoter shall not accept a sum more than ten per cent. of the cost of the apartment, plot, or
building as the case may be, as an advance payment or an application fee, from a person without first
entering into a written agreement for sale with such person and register the said agreement for sale, under
any law for the time being in force.
(2) The agreement for sale referred to in sub-section (1) shall be in such form as may be prescribed
and shall specify the particulars of development of the project including the construction of building and
apartments, along with specifications and internal development works and external development works,
the dates and the manner by which payments towards the cost of the apartment, plot, or building, as the
case may be, are to be made by the allottees and the date on which the possession of the apartment, plot or
building is to be handed over, the rates of interest payable by the promoter to the allottee and the allottee
to the promoter in case of default, and such other particulars, as may be prescribed.
14. Adherence to sanctioned plans and project specifications by the promoter.—(1) The
proposed project shall be developed and completed by the promoter in accordance with the sanctioned
plans, layout plans and specifications as approved by the competent authorities.
(2) Notwithstanding anything contained in any law, contract or agreement, after the sanctioned plans,
layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the
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apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or
furnished to the person who agree to take one or more of the said apartment, plot or building, as the case
may be, the promoter shall not make—
(i) any additions and alterations in the sanctioned plans, layout plans and specifications and the
nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or
building, as the case may be, which are agreed to be taken, without the previous consent of that
person:
Provided that the promoter may make such minor additions or alterations as may be required by the
allottee, or such minor changes or alterations as may be necessary due to architectural and structural
reasons duly recommended and verified by an authorised Architect or Engineer after proper declaration
and intimation to the allottee.
Explanation.—For the purpose of this clause, “minor additions or alterations” excludes structural
change including an addition to the area or change in height, or the removal of part of a building, or any
change to the structure, such as the construction or removal or cutting into of any wall or a part of a wall,
partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or
closing of any required means of access ingress or egress or a change to the fixtures or equipment, etc.
(ii) any other alterations or additions in the sanctioned plans, layout plans and specifications of
the buildings or the common areas within the project without the previous written consent of at least
two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such
building.
Explanation.—For the purpose of this clause, the allottee, irrespective of the number of apartments or
plots, as the case may be, booked by him or booked in the name of his family, or in the case of other
persons such as companies or firms or any association of individuals, etc., by whatever name called,
booked in its name or booked in the name of its associated entities or related enterprises, shall be
considered as one allottee only.
(3) In case any structural defect or any other defect in workmanship, quality or provision of services
or any other obligations of the promoter as per the agreement for sale relating to such development is
brought to the notice of the promoter within a period of five years by the allottee from the date of handing
over possession, it shall be the duty of the promoter to rectify such defects without further charge, within
thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved
allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.
15. Obligations of promoter in case of transfer of a real estate project to a third party.—(1) The
promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to
a third party without obtaining prior written consent from two-third allottees, except the promoter, and
without the prior written approval of the Authority:
Provided that such transfer or assignment shall not affect the allotment or sale of the apartments, plots
or buildings as the case may be, in the real estate project made by the erstwhile promoter.
Explanation.—For the purpose of this sub-section, the allottee, irrespective of the number of
apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case
of other persons such as companies or firms or any association of individuals, by whatever name called,
booked in its name or booked in the name of its associated entities or related enterprises, shall be
considered as one allottee only.
(2) On the transfer or assignment being permitted by the allottees and the Authority under
sub-section (1), the intending promoter shall be required to independently comply with all the pending
obligations under the provisions of this Act or the rules and regulations made thereunder, and the pending
obligations as per the agreement for sale entered into by the erstwhile promoter with the allottees:
Provided that any transfer or assignment permitted under provisions of this section shall not result in
extension of time to the intending promoter to complete the real estate project and he shall be required to
comply with all the pending obligations of the erstwhile promoter, and in case of default, such intending
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promoter shall be liable to the consequences of breach or delay, as the case may be, as provided under this
Act or the rules and regulations made thereunder.
16. Obligations of promoter regarding insurance of real estate project.—(1) The promoter shall
obtain all such insurances as may be notified by the appropriate Government, including but not limited to
insurance in respect of —
(i) title of the land and building as a part of the real estate project; and
(ii) construction of the real estate project.
(2) The promoter shall be liable to pay the premium and charges in respect of the insurance specified
in sub-section (1) and shall pay the same before transferring the insurance to the association of the
allottees.
(3) The insurance as specified under sub-section (1) shall stand transferred to the benefit of the
allottee or the association of allottees, as the case may be, at the time of promoter entering into an
agreement for sale with the allottee.
(4) On formation of the association of the allottees, all documents relating to the insurance specified
under sub-section (1) shall be handed over to the association of the allottees.
17. Transfer of title.—(1) The promoter shall execute a registered conveyance deed in favour of the
allottee along with the undivided proportionate title in the common areas to the association of the allottees
or the competent authority, as the case may be, and hand over the physical possession of the plot,
apartment of building, as the case may be, to the allottees and the common areas to the association of the
allottees or the competent authority, as the case may be, in a real estate project, and the other title
documents pertaining thereto within specified period as per sanctioned plans as provided under the local
laws:
Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the
association of the allottees or the competent authority, as the case may be, under this section shall be
carried out by the promoter within three months from date of issue of occupancy certificate.
(2) After obtaining the occupancy certificate and handing over physical possession to the allottees in
terms of sub-section (1), it shall be the responsibility of the promoter to handover the necessary
documents and plans, including common areas, to the association of the allottees or the competent
authority, as the case may be, as per the local laws:
Provided that, in the absence of any local law, the promoter shall handover the necessary documents
and plans, including common areas, to the association of the allottees or the competent authority, as the
case may be, within thirty days after obtaining the 1
[completion] certificate.
18. Return of amount and compensation.—(1) If the promoter fails to complete or is unable to give
possession of an apartment, plot or building,—
(a) in accordance with the terms of the agreement for sale or, as the case may be, duly completed
by the date specified therein; or
(b) due to discontinuance of his business as a developer on account of suspension or revocation of
the registration under this Act or for any other reason,
he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project,
without prejudice to any other remedy available, to return the amount received by him in respect of that
apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf
including compensation in the manner as provided under this Act:
Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the
promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be
prescribed.
(2) The promoter shall compensate the allottees in case of any loss caused to him due to defective title
of the land, on which the project is being developed or has been developed, in the manner as provided
1. Subs. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347(E), for “occupancy”
(w.e.f. 28-10-2016).
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under this Act, and the claim for compensation under this subsection shall not be barred by limitation
provided under any law for the time being in force.
(3) If the promoter fails to discharge any other obligations imposed on him under this Act or the rules
or regulations made thereunder or in accordance with the terms and conditions of the agreement for sale,
he shall be liable to pay such compensation to the allottees, in the manner as provided under this Act.
CHAPTER IV
RIGHTS AND DUTIES OF ALLOTTEES
19. Rights and duties of allottees.—(1) The allottee shall be entitled to obtain the information
relating to sanctioned plans, layout plans along with the specifications, approved by the competent
authority and such other information as provided in this Act or the rules and regulations made thereunder
or the agreement for sale signed with the promoter.
(2) The allottee shall be entitled to know stage-wise time schedule of completion of the project,
including the provisions for water, sanitation, electricity and other amenities and services as agreed to
between the promoter and the allottee in accordance with the terms and conditions of the agreement for
sale.
(3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case
may be, and the association of allottees shall be entitled to claim the possession of the common areas, as
per the declaration given by the promoter under sub-clause (C) of clause (l) of sub-section (2) of
section 4.
(4) The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as
may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the
promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case
may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a
developer on account of suspension or revocation of his registration under the provisions of this Act or
the rules or regulations made thereunder.
(5) The allottee shall be entitled to have the necessary documents and plans, including that of
common areas, after handing over the physical possession of the apartment or plot or building as the case
may be, by the promoter.
(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as
the case may be, under section 13, shall be responsible to make necessary payments in the manner and
within the time as specified in the said agreement for sale and shall pay at the proper time and place, the
share of the registration charges, municipal taxes, water and electricity charges, maintenance charges,
ground rent, and other charges, if any.
(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in
payment towards any amount or charges to be paid under sub-section (6).
(8) The obligations of the allottee under sub-section (6) and the liability towards interest under
sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee.
(9) Every allottee of the apartment, plot or building as the case may be, shall participate towards the
formation of an association or society or cooperative society of the allottees, or a federation of the same.
(10) Every allottee shall take physical possession of the apartment, plot or building as the case may
be, within a period of two months of the occupancy certificate issued for the said apartment, plot or
building, as the case may be.
(11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot
or building, as the case may be, as provided under sub-section (1) of section 17 of this Act.
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CHAPTER V
THE REAL ESTATE REGULATORY AUTHORITY
20. Establishment and incorporation of Real Estate Regulatory Authority.—(1) The appropriate
Government shall, within a period of one year from the date of coming into force of this Act, by
notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the
powers conferred on it and to perform the functions assigned to it under this Act:
Provided that the appropriate Government of two or more States or Union territories may, if it deems
fit, establish one single Authority:
Provided further that the appropriate Government may, if it deems fit, establish more than one
Authority in a State or Union territory, as the case may be:
Provided also that until the establishment of a Regulatory Authority under this section, the
appropriate Government shall, by order, designate any Regulatory Authority or any officer preferably the
Secretary of the department dealing with Housing, as the Regulatory Authority for the purposes under this
Act:
Provided also that after the establishment of the Regulatory Authority, all applications, complaints or
cases pending with the Regulatory Authority designated, shall stand transferred to the Regulatory
Authority so established and shall be heard from the stage such applications, complaints or cases are
transferred.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a
common seal, with the power, subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
21. Composition of Authority.—The Authority shall consist of a Chairperson and not less than two
whole time Members to be appointed by the appropriate Government.
22. Qualifications of Chairperson and Members of Authority.—The Chairperson and other
Members of the Authority shall be appointed by the appropriate Government on the recommendations of
a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of
the Department dealing with Housing and the Law Secretary, in such manner as may be prescribed, from
amongst persons having adequate knowledge of and professional experience of at-least twenty years in
case of the Chairperson and fifteen years in the case of the Members in urban development, housing, real
estate development, infrastructure, economics, technical experts from relevant fields, planning, law,
commerce, accountancy, industry, management, social service, public affairs or administration:
Provided that a person who is, or has been, in the service of the State Government shall not be
appointed as a Chairperson unless such person has held the post of Additional Secretary to the Central
Government or any equivalent post in the Central Government or State Government:
Provided further that a person who is, or has been, in the service of the State Government shall not be
appointed as a member unless such person has held the post of Secretary to the State Government or any
equivalent post in the State Government or Central Government.
23. Term of office of Chairperson and Members.—(1) The Chairperson and Members shall hold
office for a term not exceeding five years from the date on which they enter upon their office, or until
they attain the age of sixty-five years, whichever is earlier and shall not be eligible for re-appointment.
(2) Before appointing any person as a Chairperson or Member, the appropriate Government shall
satisfy itself that the person does not have any such financial or other interest as is likely to affect
prejudicially his functions as such Member.
24. Salary and allowances payable to Chairperson and Members.—(1) The salary and allowances
payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be
such as may be prescribed and shall not be varied to their disadvantage during their tenure.
(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 23, the Chairperson or a
Member, as the case may be, may,—
(a) relinquish his office by giving in writing, to the appropriate Government, notice of not less
than three months; or
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(b) be removed from his office in accordance with the provisions of section 26 of this Act.
(3) Any vacancy caused to the office of the Chairperson or any other Member shall be filled-up
within a period of three months from the date on which such vacancy occurs.
25. Administrative powers of Chairperson.—The Chairperson shall have powers of general
superintendence and directions in the conduct of the affairs of Authority and he shall, in addition to
presiding over the meetings of the Authority, exercise and discharge such administrative powers and
functions of the Authority as may be prescribed.
26. Removal of Chairperson and Members from office in certain circumstances.—(1) The
appropriate Government may, in accordance with the procedure notified, remove from office the
Chairperson or other Members, if the Chairperson or such other Member, as the case may be,—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, involving moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
(2) The Chairperson or Member shall not be removed from his office on the ground specified under
clause (d) or clause (e) of sub-section (1) except by an order made by the appropriate Government after an
inquiry made by a Judge of the High Court in which such Chairperson or Member has been informed of
the charges against him and given a reasonable opportunity of being heard in respect of those charges.
27. Restrictions on Chairperson or Members on employment after cessation of office.—(1) The
Chairperson or a Member, ceasing to hold office as such, shall not—
(a) accept any employment in, or connected with, the management or administration of, any
person or organisation which has been associated with any work under this Act, from the date on
which he ceases to hold office:
Provided that nothing contained in this clause shall apply to any employment under the
appropriate Government or a local authority or in any statutory authority or any corporation
established by or under any Central, State or provincial Act or a Government Company, as defined
under clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), which is not a promoter as
per the provisions of this Act;
(b) act, for or on behalf of any person or organisation in connection with any specific proceeding
or transaction or negotiation or a case to which the Authority is a party and with respect to which the
Chairperson or such Member had, before cessation of office, acted for or provided advice to the
Authority;
(c) give advice to any person using information which was obtained in his capacity as the
Chairperson or a Member and being unavailable to or not being able to be made available to the
public;
(d) enter into a contract of service with, or accept an appointment to a board of directors of, or
accept an offer of employment with, an entity with which he had direct and significant official
dealings during his term of office as such.
(2) The Chairperson and Members shall not communicate or reveal to any person any matter which
has been brought under his consideration or known to him while acting as such.
28. Officers and other employees of Authority.—(1) The appropriate Government may, in
consultation with the Authority appoint such officers and employees as it considers necessary for the
efficient discharge of their functions under this Act who would discharge their functions under the general
superintendence of the Chairperson.
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(2) The salary and allowances payable to, and the other terms and conditions of service of, the
officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be
prescribed.
29. Meetings of Authority.—(1) The Authority shall meet at such places and times, and shall follow
such rules of procedure in regard to the transaction of business at its meetings, (including quorum at such
meetings), as may be specified by the regulations made by the Authority.
(2) If the Chairperson for any reason, is unable to attend a meeting of the Authority, any other
Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority
of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or
in his absence, the person presiding shall have a second or casting vote.
(4) The questions which come up before the Authority shall be dealt with as expeditiously as possible
and the Authority shall dispose of the same within a period of sixty days from the date of receipt of the
application:
Provided that where any such application could not be disposed of within the said period of sixty
days, the Authority shall record its reasons in writing for not disposing of the application within that
period.
30. Vacancies, etc., not to invalidate proceeding of Authority.—No act or proceeding of the
Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a Member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
31. Filing of complaints with the Authority or the adjudicating officer.—(1) Any aggrieved
person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any
violation or contravention of the provisions of this Act or the rules and regulations made thereunder,
against any promoter, allottee or real estate agent, as the case may be.
Explanation.—For the purpose of this sub-section “person” shall include the association of allottees
or any voluntary consumer association registered under any law for the time being in force.
(2) The form, manner and fees for filing complaint under sub-section (1) shall be such as may be
1
[prescribed].
32. Functions of Authority for promotion of real estate sector.—The Authority shall in order to
facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector
make recommendations to the appropriate Government or the competent authority, as the case may be,
on,—
(a) protection of interest of the allottees, promoter and real estate agent;
(b) creation of a single window system for ensuring time bound project approvals and clearances
for timely completion of the project;
(c) creation of a transparent and robust grievance redressal mechanism against acts of omission
and commission of competent authorities and their officials;
(d) measures to encourage investment in the real estate sector including measures to increase
financial assistance to affordable housing segment;
(e) measures to encourage construction of environmentally sustainable and affordable housing,
promoting standardisation and use of appropriate construction materials, fixtures, fittings and
construction techniques;
1. Subs. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347 (E)], for “specified by
regulations” (w.e.f. 28-10-2016).
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(f) measures to encourage grading of projects on various parameters of development including
grading of promoters;
(g) measures to facilitate amicable conciliation of disputes between the promoters and the
allottees through dispute settlement forums set up by the consumer or promoter associations;
(h) measures to facilitate digitization of land records and system towards conclusive property
titles with title guarantee;
(i) to render advice to the appropriate Government in matters relating to the development of real
estate sector;
(j) any other issue that the Authority may think necessary for the promotion of the real estate
sector.
33. Advocacy and awareness measures.—(1) The appropriate Government may, while formulating
a policy on real estate sector (including review of laws related to real estate sector) or any other matter,
make a reference to the Authority for its opinion on possible effect of such policy or law on real estate
sector and on the receipt of such a reference, the Authority shall within a period of sixty days of making
such reference, give its opinion to the appropriate Government, which may thereafter take further action
as it deems fit.
(2) The opinion given by the Authority under sub-section (1) shall not be binding upon the
appropriate Government in formulating such policy or laws.
(3) The Authority shall take suitable measures for the promotion of advocacy, creating awareness and
imparting training about laws relating to real estate sector and policies.
34. Functions of Authority.—The functions of the Authority shall include—
(a) to register and regulate real estate projects and real estate agents registered under this Act;
(b) to publish and maintain a website of records, for public viewing, of all real estate projects for
which registration has been given, with such details as may be prescribed, including information
provided in the application for which registration has been granted;
(c) to maintain a database, on its website, for public viewing, and enter the names and
photographs of promoters as defaulters including the project details, registration for which has been
revoked or have been penalised under this Act, with reasons therefor, for access to the general public;
(d) to maintain a database, on its website, for public viewing, and enter the names and
photographs of real estate agents who have applied and registered under this Act, with such details as
may be prescribed, including those whose registration has been rejected or revoked;
(e) to fix through regulations for each areas under its jurisdiction the standard fees to be levied on
the allottees or the promoter or the real estate agent, as the case may be;
(f) to ensure compliance of the obligations cast upon the promoters, the allottees and the real
estate agents under this Act and the rules and regulations made thereunder;
(g) to ensure compliance of its regulations or orders or directions made in exercise of its powers
under this Act;
(h) to perform such other functions as may be entrusted to the Authority by the appropriate
Government as may be necessary to carry out the provisions of this Act.
35. Powers of Authority to call for information, conduct investigations.—(1) Where the Authority
considers it expedient to do so, on a complaint or suo motu, relating to this Act or the rules or regulations
made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or
allottee or real estate agent, as the case may be, at any time to furnish in writing such information or
explanation relating to its affairs as the Authority may require and appoint one or more persons to make
an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be.
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(2) Notwithstanding anything contained in any other law for the time being in force, while exercising
the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following
matters, namely:—
(i) the discovery and production of books of account and other documents, at such place and at
such time as may be specified by the Authority;
(ii) summoning and enforcing the attendance of persons and examining them on oath;
(iii) issuing commissions for the examination of witnesses or documents;
(iv) any other matter which may be prescribed.
36. Power to issue interim orders.—Where during an inquiry, the Authority is satisfied that an act in
contravention of this Act, or the rules and regulations made thereunder, has been committed and
continues to be committed or that such act is about to be committed, the Authority may, by order, restrain
any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry
or until further orders, without giving notice to such party, where the Authority deems it necessary.
37. Powers of Authority to issue directions.—The Authority may, for the purpose of discharging its
functions under the provisions of this Act or rules or regulations made thereunder, issue such directions
from time to time, to the promoters or allottees or real estate agents, as the case may be, as it may
consider necessary and such directions shall be binding on all concerned.
38. Powers of Authority.—(1) The Authority shall have powers to impose penalty or interest, in
regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents,
under this Act or the rules and the regulations made thereunder.
(2) The Authority shall be guided by the principles of natural justice and, subject to the other
provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own
procedure.
(3) Where an issue is raised relating to agreement, action, omission, practice or procedure that—
(a) has an appreciable prevention, restriction or distortion of competition in connection with the
development of a real estate project; or
(b) has effect of market power of monopoly situation being abused for affecting interest of
allottees adversely,
then the Authority, may, suo motu, make reference in respect of such issue to the Competition
Commission of India.
39. Rectification of orders.—The Authority may, at any time within a period of two years from the
date of the order made under this Act, with a view to rectifying any mistake apparent from the record,
amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by
the parties:
Provided that no such amendment shall be made in respect of any order against which an appeal has
been preferred under this Act:
Provided further that the Authority shall not, while rectifying any mistake apparent from record,
amend substantive part of its order passed under the provisions of this Act.
40. Recovery of interest or penalty or compensation and enforcement of order, etc.—(1) If a
promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or
compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate
Authority, as the case may be, under this Act or the rules and regulations made thereunder, it shall be
recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an
arrears of land revenue.
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(2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may
be, issues any order or directs any person to do any act, or refrain from doing any act, which it is
empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any
person to comply with such order or direction, the same shall be enforced, in such manner as may be
prescribed.
CHAPTER VI
CENTRAL ADVISORY COUNCIL
41. Establishment of Central Advisory Council.—(1) The Central Government may, by
notification, establish with effect from such date as it may specify in such notification, a Council to be
known as the Central Advisory Council.
(2) The Minister to the Government of India in charge of the Ministry of the Central Government
dealing with Housing shall be the ex officio Chairperson of the Central Advisory Council.
(3) The Central Advisory Council shall consist of representatives of the Ministry of Finance, Ministry
of Industry and Commerce, Ministry of Urban Development, Ministry of Consumer Affairs, Ministry of
Corporate Affairs, Ministry of Law and Justice, Niti Aayog, National Housing Bank, Housing and Urban
Development Corporation, five representatives of State Governments to be selected by rotation, five
representatives of the Real Estate Regulatory Authorities to be selected by rotation, and any other Central
Government department as notified.
(4) The Central Advisory Council shall also consist of not more than ten members to represent the
interests of real estate industry, consumers, real estate agents, construction labourers, non-governmental
organisations and academic and research bodies in the real estate sector.
42. Functions of Central Advisory Council.—(1) The functions of the Central Advisory Council
shall be to advise and recommend the Central Government,—
(a) on all matters concerning the implementation of this Act;
(b) on major questions of policy;
(c) towards protection of consumer interest;
(d) to foster the growth and development of the real estate sector;
(e) on any other matter as may be assigned to it by the Central Government.
(2) The Central Government may specify the rules to give effect to the recommendations of the
Central Advisory Council on matters as provided under sub-section (1).
CHAPTER VII
THE REAL ESTATE APPELLATE TRIBUNAL
43. Establishment of Real Estate Appellate Tribunal.—(1) The appropriate Government shall,
within a period of one year from the date of coming into force of this Act, by notification, establish an
Appellate Tribunal to be known as the — (name of the State/Union territory) Real Estate Appellate
Tribunal.
(2) The appropriate Government may, if it deems necessary, establish one or more benches of the
Appellate Tribunal, for various jurisdictions, in the State or Union territory, as the case may be.
(3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one
Administrative or Technical Member.
(4) The appropriate Government of two or more States or Union territories may, if it deems fit,
establish one single Appellate Tribunal:
Provided that, until the establishment of an Appellate Tribunal under this section, the appropriate
Government shall designate, by order, any Appellate Tribunal functioning under any law for the time
being in force, to be the Appellate Tribunal to hear appeals under the Act:
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Provided further that after the Appellate Tribunal under this section is established, all matters pending
with the Appellate Tribunal designated to hear appeals, shall stand transferred to the Appellate Tribunal
so established and shall be heard from the stage such appeal is transferred.
(5) Any person aggrieved by any direction or decision or order made by the Authority or by an
adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction
over the matter:
Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained,
without the promoter first having deposited with the Appellate Tribunal atleast thirty per cent. of the
penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to
be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the
case may be, before the said appeal is heard.
Explanation.—For the purpose of this sub-section “person” shall include the association of allottees
or any voluntary consumer association registered under any law for the time being in force.
44. Application for settlement of disputes and appeals to Appellate Tribunal.—(1) The
appropriate Government or the competent authority or any person aggrieved by any direction or order or
decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.
(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the
date on which a copy of the direction or order or decision made by the Authority or the adjudicating
officer is received by the appropriate Government or the competent authority or the aggrieved person and
it shall be in such form and accompanied by such fee, as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is
satisfied that there was sufficient cause for not filling it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties
an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.
(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the
Authority or the adjudicating officer, as the case may be.
(5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible
and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of
receipt of appeal:
Provided that where any such appeal could not be disposed of within the said period of sixty days, the
Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
(6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness
of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call
for the records relevant to deposing of such appeal and make such orders as it thinks fit.
45. Composition of Appellate Tribunal.—The Appellate Tribunal shall consist of a Chairperson and
not less than two whole time Members of which one shall be a Judicial member and other shall be a
Technical or Administrative Member, to be appointed by the appropriate Government.
Explanation.—For the purposes of this Chapter,—
(i) “Judicial Member” means a Member of the Appellate Tribunal appointed as such under
clause (b) of sub-section (1) of section 46;
(ii) “Technical or Administrative Member” means a Member of the Appellate Tribunal appointed
as such under clause (c) of sub-section (1) of section 46.
46. Qualifications for appointment of Chairperson and Members.—(1) A person shall not be
qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,—
(a) in the case of Chairperson, is or has been a Judge of a High Court; and
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(b) in the case of a Judicial Member he has held a judicial office in the territory of India for at
least fifteen years or has been a member of the Indian Legal Service and has held the post of
Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty
years with experience in dealing with real estate matters; and
(c) in the case of a Technical or Administrative Member, he is a person who is well-versed in the
field of urban development, housing, real estate development, infrastructure, economics, planning,
law, commerce, accountancy, industry, management, public affairs or administration and possesses
experience of at least twenty years in the field or who has held the post in the Central Government or
a State Government equivalent to the post of Additional Secretary to the Government of India or an
equivalent post in the Central Government or an equivalent post in the State Government.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in
consultation with the Chief Justice of High Court or his nominee.
(3) The Judicial Members and Technical or Administrative Members of the Appellate Tribunal shall
be appointed by the appropriate Government on the recommendations of a Selection Committee
consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department
handling Housing and the Law Secretary and in such manner as may be prescribed.
47. Term of office of Chairperson and Members.—(1) The Chairperson of the Appellate Tribunal
or a Member of the Appellate Tribunal shall hold office, as such for a term not exceeding five years from
the date on which he enters upon his office, but shall not be eligible for re-appointment:
Provided that in case a person, who is or has been a Judge of a High Court, has been appointed as
Chairperson of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years:
Provided further that no Judicial Member or Technical or Administrative Member shall hold office
after he has attained the age of sixty-five years.
(2) Before appointing any person as Chairperson or Member, the appropriate Government shall
satisfy itself that the person does not have any such financial or other interest, as is likely to affect
prejudicially his functions as such member.
48. Salary and allowances payable to Chairperson and Members.—(1) The salary and allowances
payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be
such as may be prescribed and shall not be varied to their disadvantage during their tenure.
(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 47, the Chairperson or a
Member, as the case may be, may:—
(a) relinquish his office by giving in writing to the appropriate Government a notice of not less
than three months;
(b) be removed from his office in accordance with the provisions of section 49.
(3) A vacancy caused to the office of the Chairperson or any other Member, as the case may be, shall
be filled-up within a period of three months from the date on which such vacancy occurs.
49. Removal of Chairperson and Member from office in certain circumstances.—(1) The
appropriate Government may, in consultation with the Chief Justice of the High Court, remove from
office of the Chairperson or any Judicial Member or Technical or Administrative Member of the
Appellate Tribunal, who—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the appropriate Government
involves moral turpitude; or
(c) has become physically or mentally incapable; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or
27
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
(2) The Chairperson or Judicial Member or Technical or Administrative Member shall not be
removed from his office except by an order made by the appropriate Government after an inquiry made
by the Judge of the High Court in which such Chairperson or Judicial Member or Technical or
Administrative Member has been informed of the charges against him and given a reasonable opportunity
of being heard in respect of those charges.
(3) The appropriate Government may suspend from the office of the Chairperson or Judicial Member
or Technical or Administrative Member in respect of whom a reference of conducting an inquiry has been
made to the Judge of the High Court under sub-section (2), until the appropriate Government passes an
order on receipt of the report of inquiry made by the Judge of the High Court on such reference.
(4) The appropriate Government may, by rules, regulate the procedure for inquiry referred to in
sub-section (2).
50. Restrictions on Chairperson or Judicial Member or Technical or Administrative Member
on employment after cessation of office.—(1) The Chairperson or Judicial Member or Technical or
Administrative Member, ceasing to hold office as such shall not:—
(a) accept any employment in, or connected with, the management or administration of, any
person or organisation which has been associated with any work under this Act, from the date on
which he ceases to hold office:
Provided that nothing contained in this clause shall apply to any employment under the
appropriate Government or a local authority or in any statutory authority or any corporation
established by or under any Central, State or Provincial Act or a Government Company as defined
under clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), which is not a promoter as
per the provisions of this Act;
(b) act, for or on behalf of any person or organisation in connection with any specific proceeding
or transaction or negotiation or a case to which the Authority is a party and with respect to which the
Chairperson or Judicial Member or Technical or Administrative Member had, before cessation of
office, acted for or provided advice to, the Authority;
(c) give advice to any person using information which was obtained in his capacity as the
Chairperson or Judicial Member or Technical or Administrative Member and being unavailable to or
not being able to be made available to the public;
(d) enter into a contract of service with, or accept an appointment to a board of directors of, or
accept an offer of employment with, an entity with which he had direct and significant official
dealings during his term of office as such.
(2) The Chairperson or Judicial Member or Technical or Administrative Member shall not
communicate or reveal to any person any matter which has been brought under his consideration or
known to him while acting as such.
51. Officers and other employees of Appellate Tribunal.—(1) The appropriate Government shall
provide the Appellate Tribunal with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the
general superintendence of its Chairperson.
(3) The salary and allowances payable to, and the other terms and conditions of service of, the
officers and employees of the Appellate Tribunal shall be such as may be prescribed.
52. Vacancies.—If, for reason other than temporary absence, any vacancy occurs in the office of the
Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint another
person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be
continued before the Appellate Tribunal from the stage at which the vacancy is filled.
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53. Powers of Tribunal.—(1) The Appellate Tribunal shall not be bound by the procedure laid down
by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice.
(2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own
procedure.
(3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian
Evidence Act, 1872 (1 of 1872).
(4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect
of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examinations of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or directing it ex parte; and
(g) any other matter which may be prescribed.
(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within
the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code
(45 of 1860), and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
54. Administrative powers of Chairperson of Appellate Tribunal.—The Chairperson shall have
powers of general superintendence and direction in the conduct of the affairs of Appellate Tribunal and he
shall, in addition to presiding over the meetings of the Appellate Tribunal, exercise and discharge such
administrative powers and functions of the Appellate Tribunal as may be prescribed.
55. Vacancies, etc., not to invalidate proceeding of Appellate Tribunal.—No act or proceeding of
the Appellate Tribunal shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Appellate Tribunal; or
(b) any defect in the appointment of a person acting as a Member of the Appellate Tribunal; or
(c) any irregularity in the procedure of the Appellate Tribunal not affecting the merits of the case.
56. Right to legal representation.—The applicant or appellant may either appear in person or
authorise one or more chartered accountants or company secretaries or cost accountants or legal
practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory
Authority or the adjudicating officer, as the case may be.
Explanation.—For the purposes of this section,—
(a) “chartered accountant” means a chartered accountant as defined in clause (b) of sub-section
(1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) or any other law for the time
being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that
Act;
(b) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of
section 2 of the Company Secretaries Act, 1980 (56 of 1980) or any other law for the time being in
force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(c) “cost accountant” means a cost accountant as defined in clause (b) of sub-section (1) of
section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) or any other law for the time
29
being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that
Act;
(d) “legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a
pleader in practice.
57. Orders passed by Appellate Tribunal to be executable as a decree.—(1) Every order made by
the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil
court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if
it were a decree made by the court.
58. Appeal to High Court.—(1) Any person aggrieved by any decision or order of the Appellate
Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of
communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the
grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):
Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days,
if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
Explanation.—The expression “High Court” means the High Court of a State or Union territory
where the real estate project is situated.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent
of the parties.
CHAPTER VIII
OFFENCES, PENALTIES AND ADJUDICATION
59. Punishment for nonregistration under section 3.—(1) If any promoter contravenes the
provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent. of the
estimated cost of the real estate project as determined by the Authority.
(2) If any promoter does not comply with the orders, decisions or directions issued under sub-section
(1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term
which may extend up to three years or with fine which may extend up to a further ten per cent. of the
estimated cost of the real estate project, or with both.
60. Penalty for contravention of section 4.—If any promoter provides false information or
contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five per
cent. of the estimated cost of the real estate project, as determined by the Authority.
61. Penalty for contravention of other provisions of this Act.—If any promoter contravenes any
other provisions of this Act, other than that provided under section 3 or section 4, or the rules or
regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent. of the
estimated cost of the real estate project as determined by the Authority.
62. Penalty for nonregistration and contravention under sections 9 and 10.—If any real estate
agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a
penalty of ten thousand rupees for every day during which such default continues, which may
cumulatively extend up to five per cent. of the cost of plot, apartment or building, as the case may be, of
the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.
63. Penalty for failure to comply with orders of Authority by promoter.—If any promoter, who
fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a
penalty for every day during which such default continues, which may cumulatively extend up to five per
cent., of the estimated cost of the real estate project as determined by the Authority.
64. Penalty for failure to comply with orders of Appellate Tribunal by promoter.—If any
promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the
30
Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to three
years or with fine for every day during which such default continues, which may cumulatively extend up
to ten per cent. of the estimated cost of the real estate project, or with both.
65. Penalty for failure to comply with orders of Authority by real estate agent.—If any real estate
agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall
be liable to a penalty for every day during which such default continues, which may cumulatively extend
up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real
estate project, for which the sale or purchase has been facilitated and as determined by the Authority.
66. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.—If any
real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the
Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year
or with fine for every day during which such default continues, which may cumulatively extend up to ten
per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project,
for which the sale or purchase has been facilitated, or with both.
67. Penalty for failure to comply with orders of Authority by allottee.—If any allottee, who fails
to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be
liable to a penalty for the period during which such default continues, which may cumulatively extend up
to five per cent. of the plot, apartment or building cost, as the case may be, as determined by the
Authority.
68. Penalty for failure to comply with orders of Appellate Tribunal by allottee.—If any allottee,
who fails to comply with, or contravenes any of the orders or directions of the Appellate Tribunal, as the
case may be, he shall be punishable with imprisonment for a term which may extend up to one year or
with fine for every day during which such default continues, which may cumulatively extend up to ten per
cent. of the plot, apartment or building cost, as the case may be, or with both.
69. Offences by companies.—(1) Where an Offence under this Act has been committed by a
company, every person who, at the time, the offence was committed was in charge of, or was responsible
to the company for the conduct of, the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section, shall render any such person liable to any
punishment under this Act if he proves that the offence was committed without his knowledge or that he
had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company, and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means any body corporate and includes a firm, or other association of individuals;
and
(b) “director” in relation to a firm, means a partner in the firm.
70. Compounding of offences.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), if any person is punished with imprisonment under this Act, the punishment
may, either before or after the institution of the prosecution, be compounded by the court on such terms
and conditions and on payment of such sums as may be prescribed:
Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine
which may be imposed for the offence so compounded.
71. Power to adjudicate.—(1) For the purpose of adjudging compensation under sections 12, 14, 18
and section 19, the Authority shall appoint, in consultation with the appropriate Government, one or more
judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for
31
holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity
of being heard:
Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and
section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes
Redressal Commission or the National Consumer Redressal Commission, established under section 9 of
the Consumer Protection Act, 1986 (68 of 1986), on or before the commencement of this Act, he may,
with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending
before it and file an application before the adjudicating officer under this Act.
(2) The application for adjudging compensation under sub-section (1), shall be dealt with by the
adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days
from the date of receipt of the application:
Provided that where any such application could not be disposed of within the said period of sixty
days, the adjudicating officer shall record his reasons in writing for not disposing of the application within
that period.
(3) While holding an inquiry the adjudicating officer shall have power to summon and enforce the
attendance of any person acquainted with the facts and circumstances of the case to give evidence or to
produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to
the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply
with the provisions of any of the sections specified in sub-section (1), he may direct to pay such
compensation or interest, as the case any be, as he thinks fit in accordance with the provisions of any of
those sections.
72. Factors to be taken into account by the adjudicating officer.—While adjudging the quantum
of compensation or interest, as the case may be, under section 71, the adjudicating officer shall have due
regard to the following factors, namely:—
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a
result of the default;
(b) the amount of loss caused as a result of the default;
(c) the repetitive nature of the default;
(d) such other factors which the adjudicating officer considers necessary to the case in furtherance
of justice.
CHAPTER IX
FINANCE, ACCOUNTS, AUDITS AND REPORTS
73. Grants and loans by Central Government.—The Central Government may, after due
appropriation made by Parliament in this behalf, make to the Authority grants and loans of such sums of
money as that Government may consider necessary.
74. Grants and loans by State Government.—The State Government may, after due appropriation
made by State Legislature by law in this behalf, make to the Authority, grants and loans of such sums of
money as the State Government may think fit for being utilised for the purposes of this Act.
75. Constitution of Fund.—(1) The appropriate Government shall constitute a fund to be called the
'Real Estate Regulatory Fund' and there shall be credited thereto,—
(a) all Government grants received by the Authority;
(b) the fees received under this Act;
(c) the interest accrued on the amounts referred to in clauses (a) to (b).
32
(2) The Fund shall be applied for meeting—
(a) the salaries and allowances payable to the Chairperson and other Members, the adjudicating
officer and the administrative expenses including the salaries and allowances payable to the officers
and other employees of the Authority and the Appellate Tribunal;
(b) the other expenses of the Authority in connection with the discharge of its functions and for
the purposes of this Act.
(3) The Fund shall be administered by a committee of such Members of the Authority as may be
determined by the Chairperson.
(4) The committee appointed under sub-section (3) shall spend monies out of the Fund for carrying
out the objects for which the Fund has been constituted.
76. Crediting sums realised by way of penalties to Consolidated Fund of India or State
account.—(1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the
Authority, in the Union territories, shall be credited to the Consolidated Fund of India.
(2) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the Authority, in a
State, shall be credited to such account as the State Government may specify.
77. Budget, accounts and audit.—(1) The Authority shall prepare a budget, maintain proper
accounts and other relevant records and prepare an annual statement of accounts in such form as may be
prescribed by the appropriate Government in consultation with the Comptroller and Auditor General of
India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor General of India at
such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Authority to the Comptroller and Auditor General of India.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the
audit of the accounts of the Authority under this Act shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor General generally has in
connection with the audit of Government accounts and, in particular shall have the right to demand and
production of books, accounts, connected vouchers and other documents and papers, and to inspect any of
the offices of the Authority.
(4) The accounts of the Authority, as certified by the Comptroller and Auditor-General of India or any
other person appointed by him in this behalf, together with the audit report thereon shall be forwarded
annually to the appropriate Government by the Authority and the appropriate Government shall cause the
audit report to be laid, as soon as may be after it is received, before each House of Parliament or, as the
case may be, before the State Legislature or the Union territory Legislature, where it consists of two
Houses, or where such legislature consists of one House, before that House.
78. Annual report.—(1) The Authority shall prepare once in every year, in such form and at such
time as may be prescribed by the appropriate Government,—
(a) a description of all the activities of the Authority for the previous year;
(b) the annual accounts for the previous year; and
(c) the programmes of work for the coming year.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is
received, before each House of Parliament or, as the case may be, before the State Legislature or the
Union Territory Legislature, where it consists of two Houses, or where such legislature consists of one
House, before that House.
33
CHAPTER X
MISCELLANEOUS
79. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is
empowered by or under this Act to determine and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under
this Act.
80. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under
this Act or the rules or regulations made thereunder save on a complaint in writing made by the Authority
or by any officer of the Authority duly authorised by it for this purpose.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this Act.
81. Delegation.—The Authority may, by general or special order in writing, delegate to any member,
officer of the Authority or any other person subject to such conditions, if any, as may be specified in the
order, such of its powers and functions under this Act (except the power to make regulations under
section 85), as it may deem necessary.
82. Power of appropriate Government to supersede Authority.—(1) If, at any time, the
appropriate Government is of the opinion,—
(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge
the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently defaulted in complying with any direction given by the
appropriate Government under this Act or in the discharge of the functions or performance of the
duties imposed on it by or under the provisions of this Act and as a result of such default the financial
position of the Authority or the administration of the Authority has suffered; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the appropriate Government may, by notification, supersede the Authority for such period, not exceeding
six months, as may be specified in the notification and appoint a person or persons as the President or the
Governor, as the case may be, may direct to exercise powers and discharge functions under this Act:
Provided that before issuing any such notification, the appropriate Government shall give a
reasonable opportunity to the Authority to make representations against the proposed supersession and
shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,—
(a) the Chairperson and other Members shall, as from the date of supersession, vacate their
offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted
under sub-section (3), be exercised and discharged by the person or persons referred to in
sub-section (1); and
(c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted
under sub-section (3), vest in the appropriate Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under
sub-section (1), the appropriate Government shall reconstitute the Authority by a fresh appointment of its
Chairperson and other members and in such case any person who had vacated his office under clause (a)
of sub-section (2) shall not be deemed to be disqualified for re-appointment.
(4) The appropriate Government shall cause a copy of the notification issued under sub-section (1)
and a full report of any action taken under this section and the circumstances leading to such action to be
laid before each House of Parliament or, as the case may be, before the State Legislature, or the Union
34
Territory Legislature, as the case may be, where it consists of two Houses, or where such legislature
consists of one House, before that House.
83. Powers of appropriate Government to issue directions to Authority and obtain reports and
returns.—(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of
its powers and in performance of its functions under this Act, be bound by such directions on questions of
policy, as the appropriate Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(2) If any dispute arises between the appropriate Government and the Authority as to whether a
question is or is not a question of policy, the decision of the appropriate Government thereon shall be
final.
(3) The Authority shall furnish to the appropriate Government such returns or other information with
respect to its activities as the appropriate Government may, from time to time, require.
84. Power of appropriate Government to make rules.—(1) The appropriate Government shall,
within a period of six months of the commencement of this Act, by notification, make rules for carrying
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
1
[(a) the form, time and manner of making application and fees payable therewith under
sub-section (1) of section 4;
(ab) information and documents for application to the Authority for registration under clause (m)
of sub-section (2) of section 4;
(ac) the form of application and the fees for extension of registration under section 6;]
(b) the form and manner of making application and fee and documents to be accompanied with
such application as under sub-section (2) of section 9;
(c) the period, manner and conditions under which the registration is to be granted under
sub-section (3) of section 9;
(d) the validity of the period of registration and the manner and fee for renewal under
sub-section (6) of section 9;
(e) the maintenance and preservation of books of account, records and documents under
clause (b) of section 10;
(f) the discharge of other functions by the real estate agent under clause (e) of section 10;
(g) the rate of interest payable under section 12;
(h) the form and particulars of agreement for sale under sub-section (2) of section 13;
(i) the rate of interest payable under clause (b) of sub-section (1) of section 18;
(j) the rate of interest payable under sub-section (4) of section 19;
(k) the rate of interest payable under sub-section (7) of section 19;
(l) the manner of selection of Chairperson and Members of Authority under section 22;
(m) the salaries and allowances payable to, and the other terms and conditions of service of, the
Chairperson and other Members of the Authority under sub-section (1) of section 24;
(n) the administrative powers of the Chairpersons under section 25;
1. Subs. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347(E)], for clause (a)
(w.e.f. 28-10-2016).
35
(o) the salaries and allowances payable to, and the other terms and conditions of service of, the
officers and other employees of the Authority under sub-section (2) of section 28;
1
[(oa) the form, manner and fees for filing of a complaint under sub-section (2) of section 31;]
(p) the details to be published on the website as under clause (b) and under clause (d) of
section 34;
(q) the additional functions which may be performed by the Authority under clause (iv) of
sub-section (2) of section 35;
(r) the manner of recovery of interest, penalty and compensation under sub-section (1) of
section 40;
(s) the manner of implementation of the order, direction or decisions of the adjudicating officer,
the Authority or the Appellate Tribunal under sub-section (2) of section 40;
(t) recommendations received from the Central Advisory Council under sub-section (2) of
section 42;
(u) the form and manner and fee for filing of appeal under sub-section (2) of section 44;
(v) the manner of selection of Members of the Tribunal under sub-section (3) of section 46;
(w) the salaries and allowances payable to, and the other terms and conditions of service of, the
Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 48;
(x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the
Tribunal under sub-section (4) of section 49;
(y) the salaries and allowances payable to, and the other terms and conditions of service of, the
officers and employees of the Appellate Tribunal under sub-section (3) of section 51;
(z) any other powers of the Tribunal under clause (g) of sub-section (4) of section 53;
(za) the powers of the Chairperson of the Appellate Tribunal under section 54;
(zb) the terms and conditions and the payment of such sum for compounding of the offences
under section 70;
(zc) the manner of inquiry under sub-section (1) of section 71;
(zd) the form to be specified in which the Authority shall prepare a budget, maintain proper
accounts and other relevant records and prepare an annual statement of accounts under sub-section (1)
of section 77;
(ze) the form in which and time at which the Authority shall prepare an annual report under
sub-section (1) of section 78;
(zf) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be made, by rules.
85. Power to make regulations.—(1) The Authority shall, within a period of three months of its
establishment, by notification, make regulations, consistent with this Act and the rules made thereunder to
carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
2
* * * * *
(c) such other information and documents required under clause (f) of sub-section (1) of
section 11;
1. Ins. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347(E)],
(w.e.f. 28-10-2016).
2. Omitted by ibid. (w.e.f. 28-10-2016).
36
(d) display of sanctioned plans, layout plans along with specifications, approved by the competent
authority, for display under clause (a) of sub-section (3) of section 11;
(e) preparation and maintenance of other details under sub-section (6) of section 11;
(f) time, places and the procedure in regard to transaction of business at the meetings of the
Authority under sub-section (1) of section 29;
1
* * * * *
(h) standard fees to be levied on the promoter, the allottees or the real estate agent under
clause (e) of section 34;
(i) any other matter which is required to be, or may be, specified by regulation or in respect of
which provision is to be made by regulations.
86. Laying of rules. —(1) Every rule made by the Central Government, every regulation made by the
Authority under the Union territory of Delhi and the Union territories without Legislature and every
notification issued by the Central Government under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that
the rule or regulation or the notification should not be made, the rule or regulation or notification, as the
case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation or notification, as the case may be.
(2) Every rule made by a State Government or the Union territory Government, as the case may be,
every regulation made by the Authority under the State Government or the Union territory Government of
Puducherry, as the case may be, and every notification issued by the State Government or the Union
territory Government of Puducherry, as the case may be, under this Act, shall be laid as soon as may be,
after it is made, before the State Legislature, or the Union territory Legislature, as the case may be, where
it consists of two Houses, or where such legislature consists of one House, before that House.
87. Members, etc., to be public servants.—The Chairperson, Members and other officers and
employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
88. Application of other laws not barred.—The provisions of this Act shall be in addition to, and
not in derogation of, the provisions of any other law for the time being in force.
89. Act to have overriding effect.—The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.
90. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the appropriate Government or the Authority or any officer of the appropriate Government or
any member, officer or other employees of the Authority for anything which is in good faith done or
intended to be done under this Act or the rules or regulations made thereunder.
91. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of
the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
92. Repeal. —The Maharashtra Housing (Regulation and Development) Act, 2012 (Maharashtra Act
No. II of 2014) is hereby repealed.
1. Omitted by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347 (E)],
(w.e.f. 28-10-2016).