Section Section Title
PREAMBLE
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 buildin...
1 Short title, extent and commencement
(1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.(2) It extends to the whole of India except the State of Jammu and Kashmir.(3)...
2 Definitions
1[In this Act, unless the context otherwise requires,--(a) "adjudicating officer" means the adjudicating officer appointed under sub-section (1) of section 71;(...
3 Prior registration of real estate project with Real Estate Regulatory Authority
(1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case ...
4 Application for registration of real estate projects
(1) Every promoter shall make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied...
5 Grant of registration
(1) On receipt of the application under sub-section (1) of section 4, the Authority shall within a period of thirty days.(a) grant registration subject to the p...
6 Extension of registration
The registration granted under section 5 may be extended by the Authority on an application made by the promoter due to force majeure, in such form and on payme...
7 Revocation of registration
(1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the recommendation of the competent authority, revoke the registration granted...
8 Obligation of Authority consequent upon lapse of or on revocation of registration
Upon lapse of the registration or on revocation of the registration under this Act, the Authority, may consult the appropriate Government to take such action as...
9 Registration of real estate agents
(1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or bu...
10 Functions of real estate agents
Every real estate agent registered under section 9 shall--(a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a r...
11 Functions and duties of promoter
(1) The promoter shall, upon receiving his Login Id and password under clause (a) of sub-section (1) or under sub-section (2) of section 5, as the case may be, ...
12 Obligations of promoter regarding veracity of the advertisement or prospectus
Where any person makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model...
13 No deposit or advance to be taken by promoter without first entering into agreement for sale
(1) A promoter shall not accept a sum more than ten per cent of the cost of the apartment, plot, or building as the case may be, as an advance payment or an app...
14 Adherence to sanctioned plans and project specifications by the promoter
(1) The proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved b...
15 Obligations of promoter in case of transfer of a real estate project to a third party
(1) The promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior w...
16 Obligations of promoter regarding insurance of real estate project
(1) The promoter shall obtain all such insurances as may be notified by the appropriate Government, including but not limited to insurance in respect of--(i) ti...
17 Transfer of title
(1) The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the as...
18 Return of amount and compensation
(1) If the promoter fails to complete or is unable to give possession of an apartment, plot or building,--(a) in accordance with the terms of the agreement for ...
19 Rights and duties of allottees
(1) The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications, approved by the competent...
20 Establishment and incorporation of Real Estate Regulatory Authority
1[(1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Authority to b...
21 Composition of Authority
The Authority shall consist of a Chairperson and not less than two whole time Members to be appointed by the appropriate Government.]...
22 Qualifications of Chairperson and Members of Authority
The Chairperson and other Members of the Authority shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting o...
23 Term of office of Chairperson and Members
The Chairperson and Members shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the ...
24 Salary and allowances payable to Chairperson and Members
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...
25 Administrative powers of Chairperson
The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of Authority and he shall, in addition to presiding ov...
26 Removal of Chairperson and Members from office in certain circumstances
The appropriate Government may, in accordance with the procedure notified, remove from office the Chairperson or other Members, if the Chairperson or such other...
27 Restrictions on Chairperson or Members on employment after cessation of office
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, an...
28 Officers and other employees of Authority
The appropriate Government may, in consultation with the Authority appoint such officers and employees as it considers necessary for the efficient discharge of ...
29 Meetings of Authority
The Authority shall meet at such places and times, and shall follow such rules of procedure in regard to the transaction of business at its meetings, (including...
30 Vacancies, etc., not to invalidate proceeding of Authority
No act or proceeding of the Authority shall be invalid merely by reason of--(a) any vacancy in, or any defect in the constitution of, the Authority; or(b) any d...
31 Filing of complaints with the Authority or the adjudicating officer
(1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the prov...
32 Functions of Authority for promotion of real estate sector
The Authority shall in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector make recommendations...
33 Advocacy and awareness measures
(1) The appropriate Government may, while formulating a policy on real estate sector (including review of laws related to real estate sector) or any other matte...
34 Functions of Authority
The functions of the Authority shall include--(a) to register and regulate real estate projects and real estate agents registered under this Act;(b) to publish ...
35 Powers of Authority to call for information, conduct investigations
[(1) Where the Authority considers it expedient to do so, on a complaint or suo motu, relating to this Act or the rules of regulations made thereunder, it may, ...
36 Power to issue interim orders
Where during an inquiry, the Authority is satisfied that an act in contravention of this Act, or the rules and regulations made thereunder, has been committed a...
37 Powers of Authority to issue directions
The Authority may, for the purpose of discharging its functions under the provisions of this Act or rules or regulations made thereunder, issue such directions ...
38 Powers of Authority
(1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the ...
39 Rectification of orders
The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from ...
40 Recovery of interest or penalty or compensation and enforcement of order, etc
(1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudic...
41 Establishment of Central Advisory Council
[(1) The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Cent...
42 Functions of Central Advisory Council
[(1) The functions of the Central Advisory Council shall be to advise and recommend the Central Government,--(a) on all matters concerning the implementation of...
43 Establishment of Real Estate Appellate Tribunal
[(1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Appellate Tribu...
44 Application for settlement of disputes and appeals to Appellate Tribunal
[(1) The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating of...
45 Composition of Appellate Tribunal
The Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial member and other shall be a Tech...
46 Qualifications for appointment of Chairperson and Members
[(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,--(a) in the case of Chairperson, is or ...
47 Term of office of Chairperson and Members
[(1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office, as such for a term not exceeding five years from the dat...
48 Salary and allowances payable to Chairperson and Members
[(1) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribe...
49 Removal of Chairperson and Member from office in certain circumstances
[(1) The appropriate Government may, in consultation with the Chief Justice of the High Court, remove from office of the Chairperson or any judicial Member or T...
50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office
[(1) The Chairperson or Judicial Member or Technical or Administrative Member, ceasing to hold office as such shall not:--(a) Accept any employment in, or conne...
51 Officers and other employees of Appellate Tribunal
[(1) The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.(2) The officers and employees of the A...
52 Vacancies
If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the appropriate Governme...
53 Powers of Tribunal
[(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles...
54 Administrative powers of Chairperson of Appellate Tribunal
The Chairperson shall have powers of general superintendence and direction in the conduct of the affairs of Appellate Tribunal and he shall, in addition to pres...
55 Vacancies, etc., not to invalidate proceeding of Appellate Tribunal
No act or proceeding of the Appellate Tribunal shall be invalid merely by reason of--(a) any vacancy in, or any defect in the constitution of, the Appellate Tri...
56 Right to legal representation
The applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practi...
57 Orders passed by Appellate Tribunal to be executable as a decree
[(1) Every order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, t...
58 Appeal to High Court
[(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date...
59 Punishment for non-registration under section 3
(1) If any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent. of the estimated cost of the r...
60 Penalty for contravention of section 4
If any promoter provides false information or contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five per cent. of ...
61 Penalty for contravention of other provisions of this Act
If any promoter contravenes any other provisions of this Act, other than that provided under section 3 or section 4, or the rules or regulations made thereunder...
62 Penalty for non-registration and contravention under sections 9 and 10
If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees f...
63 Penalty for failure to comply with orders of Authority by promoter
If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during...
64 Penalty for failure to comply with orders of Appellate Tribunal by promoter
If any promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with impr...
65 Penalty for failure to comply with orders of Authority by real estate agent
If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every d...
66 Penalty for failure to comply with orders of Appellate Tribunal by real estate agent
If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable ...
67 Penalty for failure to comply with orders of Authority by allottee
If any allottee, who fails to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be liable to a penalty for the pe...
68 Penalty for failure to comply with orders of Appellate Tribunal by allottee
If any allottee, who fails to comply with, or contravenes any of the orders or directions of the Appellate Tribunal, as the case may be, he shall be punishable ...
69 Offences by companies
(1) Where an Offence under this Act has been committed by a company, every person who, at the time, the offence was committed was in charge of, or was responsib...
70 Compounding of offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), if any person is punished with imprisonment under this Act, the punishme...
71 Power to adjudicate
[(1) For the purpose of adjudging compensation under sections 12, 14, 18 and section 19, the Authority shall appoint in consultation with the appropriate Govern...
72 Factors to be taken into account by the adjudicating officer
[While adjudging the quantum of compensation or interest, as the case may be, under section 71, the adjudicating officer shall have due regard to the following ...
73 Grants and loans by Central Government
The Central Government may, after due appropriation made by Parliament in this behalf, make to the Authority grants and loans of such sums of money as that Gove...
74 Grants and loans by State Government
The State Government may, after due appropriation made by State Legislature by law in this behalf, make to the Authority, grants and loans of such sums of money...
75 Constitution of Fund
1) The appropriate Government shall constitute a fund to be called the 'Real Estate Regulatory Fund' and there shall be credited thereto,--(a) all Government gr...
76 Crediting sums realised by way of penalties to Consolidated Fund of India or State account
(1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the Authority, in the Union territories, shall be credited to the Consolidated ...
77 Budget, accounts and audit
1) The Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be ...
78 Annual report
(1) The Authority shall prepare once in every year, in such form and at such time as may be prescribed by the appropriate Government,--(a) a description of all ...
79 Bar of jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appel...
80 Cognizance of offences
(1) No court shall take cognizance of any offence punishable under this Act or the rules or regulations made thereunder save on a complaint in writing made by t...
81 Delegation
The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if a...
82 Power of appropriate Government to supersede Authority
[(1) If, at any time, the appropriate Government is of the opinion,--(a) that, on account of circumstances beyond the control of the Authority, it is unable to ...
83 Powers of appropriate Government to issue directions to Authority and obtain reports and returns
(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers and in performance of its functions under this Act...
84 Power of appropriate Government to make rules
[(1) The appropriate Government shall, within a period of six months of the commencement of this Act, by notification, make rules for carrying out the provision...
85 Power to make regulations
[(1) The Authority shall, within a period of three months of its establishment, by notification, make regulations, consistent with this Act and the rules made t...
86 Laying of rules
[(1) Every rule made by the Central Government, every regulation made by the Authority under the Union territory of Delhi and the Union territories without Legi...
87 Members, etc., to be public servants
The Chairperson, Members and other officers and employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be public...
88 Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force....
89 Act to have overriding effect
The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force....
90 Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the appropriate Government or the Authority or any officer of the appropriate Government or an...
91 Power to remove difficulties
[(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such...
92 Repeal
The Maharashtra Housing (Regulation and Development) Act, 2012 (Maharashtra Act No. II of 2014) is hereby repealed...
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