Tripura act 017 of 2016 : The Real Estate (Regulation And Development ) Act, 2016

Date: 26 Mar 2016

Department

Department of Directorate of Urban Development

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MINISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi. the 26th March. 2016/Chaitra 6. 1938 (Saka) The following Act of Parliament received the assent of the President on the 25th March. 2016. and is hereby published for general information:—

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT. 2016

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 ofconsumers in the real estate wctor and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions orordets ofthe Real Estate Regulatory Authority and the adjudicating oﬁioer and for matters connected thereudth or incidental thereto, BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India 8' follows:—

. CHAPTER 1

Pneummttv l. ( I ) 'nusAct 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 date as the Central Govemment may. by notiﬁcation in the Ofﬁcial Gazette. appoint:

Short title.

extent and

commence-

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2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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.

D°ﬁ"m°"s- 2. 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;

(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;

(g) "appropriate Government" means in respect of matters relating to,—

(i) the Union territory without Legislature, the Central Government;

(ii) the Union territory of Puduchcrry, the Union territory Government;

(iii) the Union territory ofDelhi, the Central Ministry ofUrban 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.

(1') "Authority" means the Real Estate Regulatory Authority established under sub-SW:

(i) "building" includes any structure or erection or pan 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.

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339' 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 which is appurtenant to the net usable ﬂoor tuea ot'an apartment. meant for the exclusive use of the allottee: and "exclusive open terrace area" tneans the area of open terrace which is appurtenant to the net usable ﬂoor area of an apartment. tneant for the exclusive use of the allottee:

(I) "Chairperson" means the Chairperson of the Real Estate Regulatory Authority appointed under section 2 l :

(m) "commencement certificate" means the commencement certiﬁcate or the building pomerrnit. by whatever name called issued by the competent authority to allow or perrrrit the promoter to begin development works on an mmova e prope y. as per the sanctioned plan:

(It) "common are s" mean—

(i) the entire land for the real estate project or where the project is developed in phases and regrstratron under this Act is sought for a phase. the entire land for that phase;

(it) the staircases. lifts. staircase and lift lobbies. ﬁr 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;

(0) "com a " means a company incorporated and registered under the 18 of 2013. Companies Act. 2013 and includes.—

(i) a corporation established by or under any Central Act or State Act; (it) a development authority or any public authority established by the Govermnent in this behalf under any law for the time being in force:

(p) "competent authorit " mezurs 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) "com letion 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 1: 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; Scanned by CamScanner

THE GAZETTE OF INDIA EXTRAORDINARY [PART —

. (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 re-development;

(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 ofTechnical 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, seweage and drainage systems, electricity suply 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;

0) "garage" means a place within a project having a roofand walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas;

(2) "i movable 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 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) "intemal 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 educational health and other public amenities _ l or any other work in a project for its beneﬁt, as per sanctioned plans; (zc) "local authority" means the Municipal Corporation or Municipality or Panchayatmmal Body conmfor the time being in

force for providing municipal services or basic services. as the case may be, in respect of areas under its jurisdication;

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SEC-1] THEGAZE'ITE OF INDIAEXTRAORDINARY 5 (zd) "Member" means the member of the Real Estate Regulatory Authority appointed under section 21 and includes the Chaiperson; (ze) "notiﬁcation" means a notiﬁcation published in the Ofﬁcial Gazette and the expression "notify" shall be construed accordingly;

(If) "occupancy certiﬁcate" means the occupancy certiﬁcate, or such other certiﬁcate by whatever name called, issued by the competent authority permrtting occupation of any building, as provided under local laws, which has provrsron for c1v1c infrastructure such as water, sanitation and electricity;

(zg) "Person" includes,— __',.__

(i) an individual; ' (ii) a Hindu undivided family;

(iii) a company; 9 of 1932. (iv) a ﬁrm under the Indian Partnership Act, 1932 or the Limited Liability 6 °f 2009- Partnership Act, 2008, as the case may be;

(v) a competent authority;

(vi) an association ofpersons 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 Flaming 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 cluase (zn); (21:) "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

(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

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THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(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 burldmgs; 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 consuucted 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 persons who sells apartments or plots are different persons, 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 or 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 ofplot, 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 commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchﬁplot, apﬁﬁﬁt '07 building, asﬁte case may be, and includes property dealers, brokers, middlemen by whatever name called;

(m) "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 apartment, 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:

(21)) "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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,- __A . "W" "rim- SBC. 1] THEGAZE'I'I'E or INDIA EXTRAORDINARY 7

CHAPTERH

REGISTRATION or REAL ESTATE mower AND REGIS'I'RATION or REAL ESTATE AGENTS \Al)No promoter shall advertise, market, book, sell or offer for sale, or invite persons prior to purchase in any manner any plot, apartment or building, as the case may be, in any real feglsmnon

. . . . . . . . of real estate estate prOJect or part of It, In any planmng area, Without registering the real estate project project with with the Real Estate Realatory Authority established under this Act: Real lEstate

Regu atory

Provided that projects that are ongoing on the date of commencement of this Act and Authority.

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 incluswe of all phases:

—___—'-#'ﬁﬁ

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 conunencement 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. f"..—

4. (1) Every promoter shall make an application to the Authority for registration of the Application real estate project in such form, manner, within such time and accompanied by such fee as for' _ may be speciﬁed by the regulations made by the Authogtx 33:33:82"

projects. V6.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;

(17) 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 it, i t . It ..| !.- .31, _.._~,_.,.~._

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THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(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;

(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; (1') 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 apartment with the apartment, if any;

(i) the number and areas of garage for sale in the project;

(i) 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;

(I) a declaration, supported by an afﬁdavit, which shall be signed by the promoter or any pEi's'on atlﬁrised 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;

(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 ofevery ﬁnancial year by a chartered accountant in practice,

"'- and shall produce a statement of accounts duly certiﬁed and signed by such Scanned by CamScanner

2 of 1934.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

chartered accountant and it shall be veriﬁed during the audit that the amounts collected for a particular project have been utilised for the 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 "schedule banlt"

means a bank included in the Second Schduled to the Reserve Bank of India Act, 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.

(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. (I) On recipt of the application under sub—section (1) of section 4, the Authority Grant of shall within a period of thirty days. 'eg'mm' .

(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 (1) of sub—section (2) ofsection 4 for completion of the project or phase thereof, as the case may be.

6. The registration granted under section 5 may be extended by the Authority on an application made by the promoter due toforce majeure, in such form and on payment ofsuch fee as may be specified by regulations made by the Authority:

Provided that the Authority may in reasonable circumstances. without default on the pan 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 Extension of

registration.

P__._—

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10 THE GAZETTE OF INDIA EXTRAORDINARY [PART H— Swank" 7. (1) The Authority may, on receipt of a complaint or suo mom in this behalf or on the

"mumm- 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,—

(0 falsely represents that the services are of a particular standard or grade;

(ii) represents that the promoter has approval or afﬁliation which such promoter does not have;

(iii) makes a false or misleading representation concerning the services;

(B) the promoter permits the publication of any advertisement or prospectus whether in any newspaper or otherwise of services that are not intended to be offered;

(d) the promoter indulges in any fraudulent practices.

(2) The registration granted to the promoter under section 5 shall not be revoked unless the Authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registraton, and has considered any cause shown by the promoter within the period of that notice against the proposed revocation.

(3) The Authority may, instead of revoking the registration under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks ﬁt to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter.

(4) The Authority, upon the revocation of the registration,—

(a) shall debar the promoter from accessing its website in relation to that project and specify his name in the list of defaulters and display his photograph on its website and also inform the other Real Estate Regulatory Authority in other States and Union _ territories about such revocation or registration;

(17) shall facilitate the remaining development works to be canied out in accordance with the provisions of section 8;

(c) shall direct the bank holding the project back account. speciﬁed under sub- clause (D) of clause (I) of sub-section (2) of section 4, to freeze the account. and thereafter take such further necessary actions, including consequent de-freezing of the said account. towards facilitating the remaining development works in accordance with the provisions of section 8;

(:1) may. to protect the interest of allottees or in the public interest. issue such directions as it may deem necessary.

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SBC- 1] THE GAZETTE OF INDIA EXTRAORDINARY l l

8. 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 ofrefusal for carrying out of the remaining develop t works.

9. (I) No real estate agent shall facilitate the sale or purchase of or act on behalf of any p son to facilitate the sale or purchase of any plot, apartment or building, as the case may bait a remstate pr0ject orp'aﬁﬁfit, being the part of the real estate project registeredﬁrder 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 fulfillment of such conditions. as may be prescribed—

(a) grant a single registration to the real estate agent for the entire State of Union tenitory, as the case may be;

(b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of the 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.

(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 satisiﬁed 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. 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:

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Obligation of

Authority

consequent

upon lapse of

or on

revocation of

registration.

Registration

of real estate

agents.

Functions of

real estate

agents.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) maintain and preserve such books of account, records and documents as may prescribed;

(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 orhimselfhas approval or afﬁliation which such promoter or himself does not have;

(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

FUNcrions AND DUTIES OF PROMOTER Functions and 11. (1) The promoter shall, upon receiving his Login Id and password under clause (g; du'i" 0f of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web Prommer' page on the website of the Authority and enter all details of th'e 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;

(b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be, 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 elecu'icity. Scanned by CamScanner

SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY l3

(4) The promoter shall—

(a) be responsible for all obligations, responsibilties 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;

0') 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;

(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;

('1) 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. ' ~Mfmaybmmdifnnysuchmortgageorchargelsmdeormtedm

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Obligations of promoter regarding veracity of the

advertisement or

prospectus. No deposit or advance to be taken by

promoter

without first entering into agreement for sale.

Adherence to sanctioned plans and project

speciﬁcations by the

promoter.

THE GAZETTE OF lNDIA EXTRAORDINARY [PART II— 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. 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 he, 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. (I) 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. (l) 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 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 clumges 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. Scanned by CamScanner

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

smctfglq'natwn.—For the purpose of this clause, "minor additions or alterations" excludesr c ange including an addition to the area or change in height, or the removal ofpartof a butldmg, or any change to the structure, such as the construction or removal or cuttingmm 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 oregress or a change to the ﬁxtures or equipment, etc.

. (it) 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 prevrous 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 allottees, irrespective of the number of apartments or plots, as the case may be, booked by him or booked in the name ofhis 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. (1) The promoter shall not transfer or assign his majority rights and liabilities in Obligations respect of a real estate project to a third party without obtaining prior written consent from Pf Pmmo'"

two-third allottees, except the promoter, and without the prior written approval of theAuthority: aggro; a Provided that such transfer or assignment shall not affect the allotment or sale of the 3:33;? a apartments, plots or buildings as the case may be, in the real estate project made by the third party. 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 promoter shall be liable to the consequences ofbreach or delay, as the case may be. as provided under this Act or the rules and regulations made thereunder.

16. (l) The promoter shall obtain all such insurances as may be notiﬁed by the Obligations appropriate Government, including but not limited to insurance in respect of — 0' P3310!" ' regs mg j

(i) title of the land and building as a part of the real estate project; and insurance of '- real estate . n1

(ii) construction of the real estate project. project. Scanned by CarnScanner

15 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) The promoter shall be liable to pay the premium and charges in respect of the insurance specified'in subsection (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.

TW'S'H 0f 17. (I) The promoter shall execute a registered conveyance deed in favour of the title. . . . . . . - - allottee along With the undrvrded 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 thc allottecs 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 hand- over 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, the association of the allottees or the competent authority, as the case may be, within thiity days after obtaining the occupancy certiﬁcate. Return of 18. (1) If the promoter fails to complete or is unable to give possession of an apartment, amount and plot or building.—compensation.

(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 ofsuspension 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 under this Act. and the claim for compensation under this sub- ., A. notbebarred by limitationprovided undermy law forthe timebeingiafm Scanned by CamScanner

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY 17

A (3) If the promoterw to discharge any other obligations imposed on him under thisct 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 themanner as provided under this Act.

CHAPTERIV

RIGHTS AND DUTIES OF ALLOTI'EES

19. (I) 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 ofcompletion 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 (1) 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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Rights and

duties of

allottees.

_—'

l 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTERV

THE REAL Esme REGULATORY AUTHORITY E t bl' h as: Is mm ' 20. (I) The appropriate Government shall, within a period of one year from the date of incorporation coming into force of this Act, by notiﬁcation, establish an Authority to be known as the Real of Real Estate Regulatory Authority to exercise the powers conferred on it and to perform the functions Esme assigned to it under this Act:

Regulatory .

Authority. Provided that the appropriate Govemment 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 conunon 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.

he Authority shall consist of a Chairperson and not less than two whole time Composition 2 0f Authoriw- Members to be appointed by the appropriate Government. Qualifications . The Chairperson and other Members of the Authority shall be appointed by the 0f appropriate Government on the recommendations of a Selection Committee consisting of the 32:13:33; ChiefJustice of the High Court or his nominee, the Secretary of the Department dealing with of Author," 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, industty, 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. Term of 23. (1) The Chairperson and Members shall hold ofﬁce for a term not exceeding ﬁve

"ﬂ" °f years from the date on which they enter upon their ofﬁce, or until they attain the age of sixty-Chai erson . . . . . . and [P ﬁve years, whichever lS earlier and shall not be eligible for re-appomunent.

"mm" (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. 3310? and . 24. (l) The salary and allowances payable to. and the other terms and conditions of payab'i'e'cf: servrce of,'the Chairperson and other Members shall be such as may be prescribed and shall Chairperson not be varied to their disadvantage during their tenure.

and Members.

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18 of 2013. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY l9

(2) Notwithstanding anythin ' ' '. g contained in sub-sections 1 and 2 f 'Chairperson or a Member, as the case may be, may,— ( ) ( ) 0 530110" 23' the . (a) relinquish his ofﬁce by giving in writing. to the appropriate Govermnent,notice of not less than three months; or (11' A(b) be removed from his ofﬁce in accordance with the provisions of section 26 of 18 ct.

(3) A'ny'vacancy caused to the ofﬁce of the Chairperson or any other Member shall beﬁlled-up Within a period of three months from the date on which such vacancy occurs.

25. The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs ofAuthority 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. (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

(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 (2) 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. (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, 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 borad 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.

x/MI"he 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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Administrative

powers of

Chairperson.

Removal of

Chairperson

and Members

from ofﬁce

in certain

circumstances.

Restrictions

Chairperson

or Members

employment

after

cessation of

office.

Ofﬁcers and

other

employees of

Authority.

Meetings of Authority. Vacancies. etc., not to invalidate proceeding of Authority. Filing of complaints with the

Authority or the

adjudicating ofﬁcer.

wk—

Functions of Authority for promotion of real estate sector.

20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) The sal service of, s

and allowances a able to and the other terms and conditions of e oiiicers and 0f the employees of the Authority a on ed und -1 te suc , 5 may r s , . PP 1 er sub section (1) of 29d") 'I'he Authority shall meet at such places and times, and shall follow such rulesPIOCC lire In regard to the transaction of business at its meetings, (including quomm at

"Ch 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 presrde 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 vole.

{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. 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

31. (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 cae 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 speciﬁed by regulations.

32. 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 of the competent authority, as the case may be. on,—

(a) protection of interest of the allottees, promoter and real estate agent;

(b) creation ofa 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 ommission 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;

(6) measures to encourage construction of environmentally sustainable and affordable housing, promoting standardisation and use of appropriate construction materials. ﬁxtures. ﬁttings and construction techniques;

(f) measures to encourage grading of projects on various parameters of gels) meat including grading of promoters;

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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

(g) measures to facilitate amicable conciliation ofdisputes between the promoters

(h) measures to facilitate digitization of land records and system towards conclusrve 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. (I) The appropriate Government may, while formulating a policy on real estate Advocacy sector (including review of laws related to real estate sector) or any other matter, make a and awareness reference to the Authority for its opinion on possible effect, of such policy or law on real measu'cs' 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 therafter 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. The functions of the Authority shall include— . Functions of

. , , Authorit . (a) to register and regulate real estate projects and real estate agents registered y 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;

((1) to maintain a database, on its website, for public viewing, and enter the names and photograhps 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. (I) Where the Authority considers it expedient to do so. on a complaint or sun mom. Powers of relating to this Act or the rules of regulations made thereunder, it may, by order in writing '1' 0m)! '0 and recording reasons therefor call upon any promoter or allottee or real estate agent, as the ﬁxation 4 case may be, at any time to furnish in writing such information or explanation relating to its canal," ' ' '- affairs as the Authority may require and appoint one or more persons to make an inquiry investigations. in relation to the affairs of any promoter or allottee or the real estate agent, as the case 3""

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l . "EV-w^'²rue cAzarra OFlNDlA EXTRAORDINARY [Pmﬂ— " '

(2) Notwithstanding anythin ' '^.. 3 contained in a while exercising the powers under sub-section (I).aas are vested in a civil court under the Code of Ci 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; (ti) summoning and enforcing the attendance of persons and examining them on

y other law for the time being in force,

the Authority shall have the same powers

vrl Procedure. 1908 while trying a suit. in 5 or m.

oath;

(iii) issuing commissions for the examination of witnesses or documents;

(iv) any other matter which may be perscribed. Power to mm imam" th- 36. Where during an inquiry, the Authority is satisﬁed that an act in contravention of orders. ts 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 of until further orders, without giving notice to such party, where the Authority deems it necessary.

Power-sot 37. The Authority may, for the purpose ofdischarging its functions under the provisions QSEONY '0 of this Act or rules or regulations made thereunder, issue such directions from time to time, to dimﬁons. 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.

Powers of 38. (I) The Authority shall have powers to impose penalty or interest, in regard to any Author"! contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the mics 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 theAuthority, may suo motu, make reference in respect ofsuch issue to the Competition Commission of India.

Rectiﬁcation 39. The Authority may, at any time within a period of two years from the date of the °' "4""- 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 orderagainst winch 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. Recovery of 40. (I) if a promoter or an nllottee or a real estate agent. as the case may he. fails to m interest or any interest or penalty or compensation imposed on him, by the ndjudicnting ofﬁcer or the gmzmm Regulatory Authority or the Appellate Authority. as the case may be. under this Act or the and rules and rcguultions made thereunder. it shnll he recovemhlc from such promoter or ullottee enforcement or real estate agent, in such manner us may be prescribed us an meats of land rework,-

" "a" m' (2) if any tuljudicuting officer or the Regulatory Authority or the Appellate Tribunal as the care may be, issues any order or directs any person to do any act, or refrain from doing any act. which it in empowered to do under this Actor the titles or regulations made ihemunder then in case of failure by any portion to comply with such order or direction. the same shall ' enforced, In such manner as may be prescribed. ' be Scanned by CamScanner

S .BC 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

CHAPTERVI

CENTRAL ADVISORY COUNCIL

date 21:11 (1) The Central Government may, by notiﬁcation, establish with eﬂ'ect from suchcome" may specify in such notiﬁcation, a Council to be known as the Central Advisory

(2) The Minister to the Government of India in charge of the Ministry of the Central nernlment dealing with Housing shall be the ex oﬁicio Chairperson of the Central Advisory unct .

. (3) The Central Advisory Council shall consist of representatives of the Ministry of Finance, Ministry of Industry and Commerce, Ministry ofUrban Development, Minsitry of Consumer Affairs, Minstry 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-govemmental organisations and academic and research bodies in the real estate sector.

42. (I) The functions of the Central Advisory Council shall be to advise and recommend the Central Govemment,—

(a) on all matters concerning the implementation of this Act;

(b) on major questions of policy;

(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

. (I) The appropriate Govemment shall, within a period of one year from the date of ing 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 tem'tory, as the case may be.

(3) Every bench of the Appellate Tribunal shall consist ofat least one Judicial Member and one Administrative to Technical Member.

(4) The appropriate Government of two or more Staes 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:

Provided further that after the Appellate Tribunal under this section is established, all L3,", _- . ' . 1 With theAppellate Tribunal designated to hear appeals, shall stand transferred Establishment

of Central

Advisory

Council.

Functions of

Central

Advisory

Council.

Establishment

of Real

Estate

Appellate

Tribunal.

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24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— '0 the Appellate Tribunal - 'transferred, so established and shall be heard from the stage such appeal rs

(5) Any person aggrieved by any direction or decision or order made by the Authorityor by an'adjudrcatrng ofﬁcer under this Act may prefer an appeal before the Appellate Tribunalhavmg Jusrisdiction over the matter:

Provided that where a promoter ﬁles an appeal with the Appellate Tribunal, it shall not

beentertatined, without the prmoter ﬁrst having deposited with the Appellate 'Iiibunal 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, ifany, 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.

Application 44. (1) The appropriate Govemment or the competent authority or any person aggrieved

f" by any direction or order or decision of the Authority or the adjudicating officer may prefer

settlement of

disputes and

fgggfat': (2) Every appeal made under sub-section (1) shall be preferred within a period of sixty

Tribunal. 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:

an appeal to the Appellate Tribunal.

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 ofexamining 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.

Composition 45. The Appellate Tribunal shall consist of a Chairperson and not less than two whole :f,bAPl'l°"a'° time Members of which one shall be a Judicial member and other shall be a Technical or n "M ' 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 (11) of sub-section (1) of section 46;

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Sec. 1] - "Ii-mil V

THE GAZETTE OF INDIA EXTRAORDINARY 25

(ii) "Technical orAdministrative Member" - mean - appomted as such under clause (c) of sub-s s a Member OfmeAppcum Thbunalection (1) of section 46.

(a) in the case of Chairperson. is or has been a Judge of a High Court; and 1 di (b) in the case of a Judicial Member he has held ajudicial ofﬁce in the territory ofn a for at least ﬁtteenyears or has been a member of the lndiun Legal Service and hasheld 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 ofAdditional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Govemment.

(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. (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold ofﬁce, as such for a temi 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. (l) 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 (I) 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 Govemment 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.

Qualifications

for

appointment

Chairperson

and

Members.

Term of

ofﬁce of

Chairperson

and Members.

Salary and

allowances

payable to

Chairperson

and

Members.

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! 'Removal of Chairperson and Member from office in certain circumstances. Restrictions on

Chairperson or Judicial Member or

Technical or Administrative Member on

employment after

cessation of ofﬁce.

THE GAZETTE OF INDIA EXTRAORDINARY [PART II

49. '^High(1) The appropriate Government may,Court, remove from ofﬁce of the Chai in consultation with the Chief Justice of the

Administrative Member of the Appellate W30" or any judicial Meme

Tribunal, Who— r 01' Technical or

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offe ' ' . nce which, in the o inion f ' Government mvolves moral turpitude; or p 0 the appropriate

. (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 Judicial member or Technical orAdministrative 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 '.3 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 Govemment 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 .1 . the Judge of the High Court on such reference. It

(4) The appropriate Government may, by rules. regulate the procedure for inquiry referred to in sub-section (2).

50. (l) The Chairperson or Judicial Member or Technical or Administrative Member, ceasing to hold ofﬁce as such shall not:— . I

(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 of provincial Act or a Government Company as deﬁned under clause (45) of section 2 of the Companies ' Act, 2013, which is not a promoter as per the provisions of this Act; 18 of 2013. .

(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; ((1) enter into a contrat 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. '

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SEC. 1]

THE GAZETTE OF INDIAEXTRAORDHVARY 27

51- (1) The appro 'prrate Govemm t ' . - - ofﬁcers and employees as it may deem fretI.l shall provrde the Appellate Tnblmal Wlth suCh Ofﬁcers andother employees of loyees of the Appellate Tribunal shall discharge their functions Appellate dence of rts Chairperson. , Tribunal.

(2) The ofﬁcers and emp under the general superinten serv' (3) fThe salary and allowances payable to. and the other terms and conditions of prestibzd, the ofﬁcers and employees of the Appellate Tribunal shall be such as may be Ch . 52. If, for reason other than temporary absence, any vacancy occurs in the ofﬁce of the Vacancies. - .I alrperson or aMember of theAppellate Tribunal, the appropriate Government shall appoint 'r another person rn accordance with the provisions of this Act to ﬁll the vacancy and the ' proceedings may be continued before the Appellae Tribunal from the stage at which the vacancy is ﬁlled.

53. (1) The Appellate Tribunal shall not be bound by the procedure laid down by the Powers of 5 0' 1903- Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice. T'ibunal'

(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 1 of 1 372, in the Indian Evidence Act, 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 5 of 1903_ Procedure, 1908 in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

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

(e) reviewing its decisions; 0') 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 45 of 1860. of the Indian Penal Code, and the Appellate Tribunal Shall be deemed to be civil court for the 2 of 1974. purposes of section 195 and Chapter XXVI of the Code ofCriminal Procedure, 1973.

54. The Chairperson shall have powers of general superintendence and direction in Administrative the conduct of the affairs ofAppellate Tribunal and he shall, in addition to presiding over the "we" 0' meetings of the Appellate Tribunal exercise and discharge such administrative powers and Chaimmm functions of the Appellate Tribunal as may be prescribed. $_:PP:;1°'°

['1 un .

f 55. No act or proceeding of the Appellate Tribunal shall be invalid merely by reason Vacancies 0 _ etc.. not tie

(a) any vacancy in, or any defect in the constitution of. the Appellate Tribunal or :1??? f* ee mg 0

(b) any defect in the appointment of a person actin as a M ' AWN"

my , l Tribunal; or g ember 0t the Appellate Tribunal?

' ' (6') Any irregularity in the procedure of the A ' - merits of the case. Ppellate human "0' affecung the Scanned by CamScanner

28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Right to legal S6. The a licant o ' ' ' "presentation. chartered accoup'pant r appellant may either appear rn person or authorise one or more8 or company secretaries or cost accountants or legal practitioners or any of its ofﬁcers to present his or its case bef _ _ _ ore the A pellate Trib 1 Authority or the adjudicating ofﬁcer, as the case may be}? una or the Regulatory Explanation—For the purposes of this section,—

b. (a? "chartered accountant" means a chartered accountant as defined in clause (b) of

su section (I) of section 2 of the Chartered Accountants Act, 1949 or any other law for the 38 of 1949.

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 or any other law for the 56 of 1980. time being in force and who has obtained a certiﬁcate of practice under sub-section (1) of section 6 of that Act;

.9. - (0) "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 or any other law for the time being 23 of 1959, I 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.

Orders passed 57. (1) Every order made by the Appellate Tribunal under this Act shall be executable by Appellate by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate |

Tribunal '° be Tribunal shall have all the powers of a civil court.

executable as a . . . .

(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunaldecree. 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.

Appeal to 58. (1) Any person aggrieved by any decision or order of the Appellate Tribu nal, may,

High Court. ﬁle an appeal to the High Court, within a period of sixty days from the date ofcommunication 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 ofCivil Procedure, 1908: 5 of [903.

Provided that the High Court may entertain the appeal after the expiry 0f the said period ofsixty days. if it is satisﬁed that the appellant was prevented by sufﬁcient cause from prefen'ing 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.

ﬂ'r

(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.

CHAPI'ERVIII

ﬁestas, renames AND Amuorcmon

Punishment for 59. (I) If any promoter contravenes the provisions of section 3. he shall be liable to a non- penalty which may extend up to ten per cent. of the estimated cost of the real estate projectregistration ' and" as determined by the Authority. section 3. (2) If any promoter does not comply with the orders. decisions or directions issued

under sub-section ( l) 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 mayextend u to a further te ' . ' 'bom p n per cent of the estimated cost of the real estate project, or with Scanned by CamScanner

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

60. If any promoter provides false information or contravenes the provisions ofsection 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. lf any promoter contravenes any other provisions of this Act, other than that provrded 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

proyect as determined by the Authority.

62. 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 buildings, 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. 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. if any promoter, who fails to comply with, or contravenes any ofthe orders, decisions or directions of the Applellate Trinbunal, 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 re al

estate project, or with both.

65. 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 sa le

or purchase has been facilitated and as determined by the Authority.

66. lf 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. 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 L. or building cost, as the case may be, as determined by the Authority.

68. if any allottee, who fails to comply with, or contravenesE directions of the Applellate Tribunal. as the case may be.. imprisonment for a term which may extend up to one year or which such default continues, which may cumulatively exten

any of the orders or

he shall be punishable with

with fine for every day during d u to te apartment or building cost. as the case may be. or with both. p n per cent. of the plot, Penalty for

contravention

of section 4.

Penalty for

contravention

of other

provisions of

this Act.

Penalty for

non-

registration

and

contravention

under

sections 9

and 10.

Penalty for

failure to

comply with

orders of

Authority by

promoter.

Penalty for

failure to

comply with

orders of

Appellate

Tribunal by

promoter.

Penalty for

failure to

comply with

orders of

Authority by

real estate

agent.

Penalty for

failure to

comply with

orders of

Appellate

Tribunal by

real estate

agent.

Penalty for

failure to

comply with

orders of

Authority by

allottee.

Penalty for

failure to

comply with

orders of

Appellate

Tribunal by

allotteg.

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30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

69. 1 Wh .person "1(0)." "1:12;: Eiffel}? under this Act has been committed by a company ever)' the company for the co, d e o Cnce was committed was in charge 0f. 01' was responsible tobe deemed to be gum; upttplf, thf: busmess of the company, as well as the company shall 0 e - '

Wuished accordingly: 0 ence and shall be liable to be proceeded against and

. ' . ' his knowled e . ' . Offence, g or that he had exercrsed all due dlllgence to prevent the commiss ion of such

. (2) Notw1thstanding anything contained in sub-section (1), where an offence under tins 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 aﬁrm, or other association of individuals; and

(b) "director" in releation to a ﬁrm. means a partner in the ﬁrm. C°mP°""di"§ 70. Notwithstanding anything contained in the Code of Crimnal Procedure, 1973, if 2 of 1974-

" Offences' 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.

Power to 1. (1) For the purpose of adjudging compensation under sections 12 , 14, 18 and

adjudicate- 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 adju eating ofﬁcer for holding an inqurry 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, 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.

68 of 1986.

(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 srxty 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 ad'udicatins7 ofﬁ r enforce the attendance of any person acuaintedbwithcizhes2:21:gnii'vc'iiiigtsa'iimmon and I" case to give evidence or to produce any document which in the opinion of the dSCS'Of theofﬁcer, may be useful for or relevant to the subject matter of the inqu' (:1 .Judtcatmg inquiry, he issatisﬁed that the person has failed to comply with the provisiilozn flﬂ 0n SUCh .

ﬁctions specnﬁed m subtsection (1 ), he may direct to pay such comm"satio S 0 any of the

e case any be, as he thinks ﬁt in accordance with the provisions of any ofnufgsgltereit' assections.

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SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY 3 1

72. While adjudging the quantum of compensation or intee as the case may be,under1 section '71, the adjudicating ofﬁcer shall have due regard to the following factors. name y:—

-(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; ((1) such other factors which the adjudicating ofﬁcer considers necessary to the case in furtherance of justice.

CHAPTERDi

FINANCE, ACCOUNTS, AUDITS AND REPOKI'S

'73. 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. 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 ofmoney as the State Government may think fit for beingNEW

. (1) The appropriate Government shall constitute a fund to be called the 'Real Estate gulatory Fund' and there shall be credited thereto,—

(a) all Govemment grants received by the Authority;

(b) the fees received under this Act;

(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 be ofﬁcers and other employees oftheAuthority and the Appellate Tribunal;

(12) the other expenses of the Authority in connection with the discharge of its functions and for the pruposes 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 Rind for carrying out the objects for which the Fund has been constituted.

76. (l ) All sums realised. by way of penalties. imposed by the Appellate Tribunal or the Authority, in the Union territoties. shall be credited to the Consolidated Fund of India,

(2) All sums realised. by way?! penalties imposed by the A '^.^.. pplellate Tribunal. Authority. in a State. shall be credited to such account as the State or the specify. Government may Scanned by CamScanner

Factors to be

taken into

account by the

adjudicating

ofﬁcer.

Grants and

loans by

Central

Government.

Grants and

loans by State

Government.

Constitution

of Fund.

Crediting

ﬁlms Mined

by My of

Penalties to

Consolidated

Fund of lndi.

or State

"count.

(2) The accounts of the AuthoriGeneral of India at such intervals as m connection with such audit shall

General of India.

ty shall be audited by the Comptroller and Auditor-ay be specrﬁed by him and any expenditure incurred inbe payable by the Authority to the Comptroller and Auditor- _ (3) The Comptroller and Auditor-General and any person appointed by him in connectionwith the audit of the accounts of the Authority under this Act shall have the same rights andpnvrleges 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 Goverrunent shall cause the audit report to be laid, as soon as may be after it is received, before each House ofParliament 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 the House. 1

Annual . (I ) The Authority shall prepare once in every year, in such form and at such time as l report. 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

(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.

CHAPTERX

MISCELLANEOUS

Bar of 79. No civil court shall have jurisdiction to entertain any suit or proceeding in respect inﬁwiwm 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. i

Contact of 80. (1) No court shall take cognizance of any offence punishable under this Act or the offences. 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 cl 5 shall try any offence punishable under this Act.

Delegation. WeAuthority may, by general or special order in writing, delegate to any member lccr of the Authority or anyptﬁerﬂson stmject to such conditions, if any. as may I);spec: red in the order. such of its mgers and functions under this Apt (exce t ﬁﬁ reg—Ia ations under section 85, as it may deem necessary. p the power to

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Sec. 1]

THE GAZETTE OF INDIA EXTRAORDINARY 33

82. (1) If, at any time, the appropriate Government is of the opinion,—

(a) that, on account of circumstances beunable to discharge the functions or provisions of this Act; or

yond the control of the Authority, it is

perform the duties imposed on it by or under the

(b) that the Authority has persistently defaulted in complying with any direction by the appropriate Government under thisAct or in the discharge of the functionsor 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

given

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;

(12) 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 reconstitued 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 Territory Legislature, as the case may be, where itconsists of two Houses, or where such legislature consists of one House, before that House.

83. (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 suchdirections 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 o Ottun'express its views before any direction is given under this sub- pp ﬂy to section.

(2) If any dispute arises between the appropriute Government -whether a question is or is not a question ofpolicy, and the Authority as to the dec' ' ' thereon shall be ﬁnal. "1°" °m'° "Ppmpnme Government Scanned by CamScanner

Power of

appropriate

Government

to supersede

Authority.

Powers of

appropriate

Government

to issue

directions to

Authority and

obtain repons

and Mums.

Power of appropriate Government to make

rules.

34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— time. re(luire. lvtttes as the aPPmPfialﬁ Government may. from time to 84- (I) The appropriate Government shall, within a period of six months of the c - . .zilmencement Of this Act, by notiﬁcation, make mics for carrying out the provisions of this

(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provrde for all or any of the following matters, namely:—

(a) infomtation and documents for application to Authority for registration under clause (m) of sub-section (2) of section 4;

(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;

(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 ofbooks ofaccount, 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 subsection (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;

(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;

(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 perfomted by the Authority under clause (iv) of sub-section (2) of section 35;

(r) the manner of recovery of interest penalty and com e ', , - nsattosub-section (1) of section 40; p n under

(s) the manner of implementation of the order. adjudicating officer. the Authority or the Appellate 1n section 40;

direction or decisions of thebunal under sub-section (2) of Scanned by CamScanner

SEC. 1]

. lions rece' - Smbsectlon (2) of section 42; wed from the can"! Advisory Council under

(u) the form and . section 44; manner and fee for ﬁlhng 0f appeal under sub-section (2) of

(v) the man ' .section 46; ner of selection of Members of the Tnbunal under sub-section (3) of

(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;

(v) 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;

(2) any other powers of the Tribunal under clause (11) 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;

(2c) the manner of inquiry under sub-section (1) of section 71; (2d) 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;

(If) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.

\/83. (I) The Authority shall, within a period of three months of its establishment, by Power to notiﬁcation, maize regulations, consistent wr unmet and the rules made thereunder to make carry out the purposes of Mrs Act. regulations.

(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:—

(a) the form and manner of making application and fee payable herewith under sub-section (1) of section 4;

(b) the form of application and the fees for extension of registration under section 6;

(:1) display of sanctioned plans. layout plans along with specifications. appmvcd by the competent authority, for display under clause a of - 'section II; ( ) sub section (3) of

(e) preparation and maintenance of other details u ' section ll: nder sub-section (6) of

(f) time. places and the procedure in regard to transaction of businessmeetings of the Authority under sub—section (I) of section 29- at the Scanned by CamScanner

THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(8) the form. mann ' section 31; er and fees for ﬁling a complaint under sub-section (2) of

(h) standard fees to be levied on the remote , th agent under clause (e) of section 34; P r e anomes or the real "me

(i) any other matter which is required to be, or may be, speciﬁed by regulation 01' in respect of Wth prowsron is to be made by regulations. Laying of

rules. 86' (1) Every rule made by the Central Government, every regulation made by the

Authority Under the Union terriotry of Delhi and the Union tenitories 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 of

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 ofno 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 Govemment 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. MemberS. 87. The Chairperson, Members and other ofﬁcers and employees of the Authority, and etc., to be the Appellate Tribunal and the adjudicating ofﬁcer shall be deemed to be public servants Public within the meaning of section 21 of the Indian Penal Code. 45 of 1860. servants. _—'~——'—-'

Application 88. The provisions of this Act shall be in addition to, and not in derogation of, the 0f 0'1"" laws provisions of any other law for the time being in force. not barred.

Ac, m have 89. The provisions of this Act shall have effect, notwithstanding anything inconsis- oveﬂ'iding tent therewith contained in any other law for the time being in force. effect.

Protection 90. No suit, prosecution or other legal proceedings shall lie against the appropriate ofkactifm Government or the Authority or any ofﬁcer of the appropriate Govemment or any member (a n in - . . . . . ' :0; mm 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.

Power to 91. (I) If any difﬁculty arises in giving effect to the provisions of this Act. the Central - remove - .

- ; _ difﬁculties. Government may, by order.- published in the Ofﬁcral Gazette, make such provisions not 7,! u: inconSistent With the provrsrons of this Act as may appear to be necessary for removing the 7 '/ - difﬁculty: '

Provided that no order shall be made under this sectio ' lit after the ex

from the date of the commencement of this Act. ptry or two years

(2) Every order made under this section shall be I 'd ' ' before each House of Parliament. in ' as soon as may be aﬁer " '5 made, Scanned by CamScanner

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37

Maharashtra 92. The Maharashtra Housing (Regulation and Development) Act, 2012 is hereby "9""

Act No. II of repealed.

2014.

DR. REETAVASISHTA.

Additional Secy. to the Govt. of India. yum-ran BY ma GENERAL MANAGER. GOVERNMENT or INDIA mass. MIN'm ROAD NEW DE] m AND PUBLISHED BY nus comow 0F PUBLICATIONS. Damn—ecu;

GMGIPMRND—53240|(83)-26—03-2016.

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Gazette of India, Extraordinary. [n the REAL ESTATE

CORRIGENDA

P (REGULATION AND DEVELOPMENT) ACT, 2016 (16 of 2016) as published in the an ll, Section 1, Issue No. 17. dated "1226": March, 2016,— Page No. Line(s) No. For Read

3 1s ﬁ ﬁ

6 l 5 "sewage" "sewerage"

20 «or» "of,

6 26 "as"

«as a" .

6 33 "apartment" "apartments"

8 l8 "apartment" "appurtcnam"

8 19 "arms

" "area"

9. 2 "for the" "for that"

9 5 "schedule bank" "scheduled bank"

9 34 "clause (1)" "clause (1)"

10 38 "back" "bank"

10 39 "clause (1)" "clause (1)"

l 1 19 "fulﬁllment" "fulﬁlment"

1 1 23 "the" "this"

15 1 l "alloltccs" "ﬁllottecs"

16 26 "the association" "to the association"

I? 18 "clause (1)" "clause (1)"

20 37 "of' "or"

2 l 4 5 "of" "or"

23 38 "to" "or" «_

23 39 "Staes" "Stats"

26 3 1 "of! "or"

29 l 1 "buildings" "building"

3] 26 "be" "the"

32 2] "the" "that"

35 13 "of' "or"

1 3*

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CORRimaMM m the mam Bax/km (REGULATION AND newzmm .:

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ﬂsgcn w ,9: was pu IS alon

g mm the Appropriation ("92.1) A°_'ﬁ2 01'6 (No 2901501811" conunumion °f' ca(licr 1'; 3

Page No. Lungs), No.

[~01- Read

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4 ' 1'5

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_;- 4 42.7 {"f'sqlmim: fjiuriéd'icticn"

9 . 5

Lhaxpcrson "Chairperson"

3.-

7 5

30 "ellIaS'e."

"Clause" I 5 '15

f'pcrsons?' "person"

9 5

fSchdulcd" "Schedule"

9 16

"'rc'cipt" ' ,. "imam"

H 20

"sme- of "NW" "(Salient Un ion? (4'

11 3.6

"Suﬁ-"awed" "Satisﬁed"

13 2'

"rmponsibilties" "responsi bilities?" '

19 44.

"bowel," "board"

20 29

"cue" case' 20 42'

"ommissjon" 'fomission':

'2'!

l5 "thcra'ﬁc'r"

'fthereaﬁe'r.' "

21 32

"photograhps" 'Tpteotograpt'x 's v. '

22 10

"perscribed" 'mrgscube d' _-"~

'22 15

"or? , :or ' . a!

"15

22 46

"rcgualtions" seguktwgs '"

23 ".10

"MinsiW" "WWW,"

123 H

"Minstry" "M'P'Sf'y; ,, '1

24 5'

"jusrisdiction" 'i "ﬂsd'ﬁugg ﬁ ".3

24 7

"cmcdatined" llcmcm'" " '

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14 7

"prmotcr" :'prom otff

' '

'26 1 1

"State of" "State or

" 4}

26 42

"contrat" FWW' u 2'1 11 "appell ae" :aPPwa'e . ﬂ"

29 m "A

pplcllatcTrinbunal" *Appellatefﬁbun - '29 49

"Applcllatc" 'fAPP'l 'ai': .

30 (19'

"releation" "WEN?" "

30 20

"Crimnal" "'_Cnm mal"

i 3'

26 "to be"

'.'1otﬁe" "

r , 3t 29'

"prupos'cs" "P"WOS?5 #1.;-

Eg 3' "3'5"

"terrirolies" "territmw? , .»

If}; 32 15' "Comprto ller" "Comm" , f

' 32 21

"the" "that"

i. ,'

2 5 v w "rm nsﬁmcdn 'jreconﬁﬁ'I-I'Cd" :- . g; 3 "ﬁ lling" filling" '- 1» ~ 36 '5 "clause (11)" "clausa (g) '. .. 3 "'terriotry" "territory" a: . 'L'." . S v .>'- '1' 1-\ Scanned by CamScanner

Tripura act 017 of 2016 : The Real Estate (Regulation And Development ) Act, 2016

SECTIONS