झारखÖड गजट

असाधारण अंक

झारखÖड सरकार ɮवारा Ĥकाͧशत

22 भाġ, 1946 (श०)

संÉ या – 583 राँची, शुĐवार, 13 ͧसतàबर, 2024 (ई०)

नगर ͪवकास एवं आवास ͪवभाग

--------

अͬधसूचना

15 ͧसतàबर, 2020

संͬचका सं॰-06/TCPO (ͪवͪवध)-09/2016-न0ͪव0-2256--आवास और शहरȣ काय[ मंğालय, भारत

सरकार ɮवारा भू-संपदा (ͪवǓनयमन और ͪवकास) अͬधǓनयम, 2016 (केÛġ अͬधǓनयम, 16, 2016) मɅ ɮवारा Ĥदƣ

शिÈतयɉ का Ĥयोग करते हुए झारखंड के राÏयपाल एतɮ ɮवारा ‘‘झारखंड भू-संपदा (ͪवǓनयमन और ͪवकास)

Ǔनयमावलȣ, 2017’’ मɅ Ǔनàनवत् संशोधन करते हɇ:-

संͯ¢Üत नाम, ͪवèतार और Ĥारàभ- (1) यह Ǔनयमावलȣ ‘‘झारखंड भू-संपदा (ͪवǓनयमन और ͪवकास)

(संशोधन) Ǔनयमावलȣ, 2020’’ कहȣ जायेगी।

(2)

इसका ͪवèतार सàपूण[ झारखंड राÏय मे होगा।

(3)

यह Ǔनयमावलȣ अͬधसूचना Ǔनग[त कȧ Ǔतͬथ से Ĥवृƣ होगी।

झारखंड भू-संपदा (ͪवǓनयमन और ͪवकास) Ǔनयमावलȣ, 2017 कȧ धारा-2 Definitions शीष[क मɅ

Ǔनàनांͩकत पǐरभाषा जोड़ी जाती हैः-

2.16

"Ongoing Project" means, a Project where development is going on and for

which Occupancy Certificate has not been issued but excludes such Projects

for which permissions were approved prior to 05.04.2016 by the Competent

झारखÖडगजट(असाधारण) शुĐवार, 13 ͧसतàबर, 2024

Authorities viz. Urban Local Bodies/Development Authority or any competent

authority notified by the State Government.

2.17

"Adjudicating officer" means as in Real Estate (Regulation and Development)

Act, 2016.

2.18

"Authority" means, Jharkhand Real Estate Regulatory Authority.

2.19

"Urban Local Bodies" means, as notified by the State Government under

Jharkhand Municipal Act, 2011.

भू-संपदा (ͪवǓनयमन और ͪवकास) अͬधǓनयम, 2016 कȧ धारा-71 के आलोक मɅ Permanent

adjudicating officer कȧ ǓनयुिÈत इ×याǑद से संबंͬधत Ĥावधान नयी धारा-21A के Ǿप मɅ झारखंड भू-संपदा

(ͪवǓनयमन और ͪवकास) Ǔनयमावलȣ, 2017 मɅ जोड़ा जाता हैः-

21A

Selection of adjudicating officer.

21A.1 As and when vacancy of adjudicating officer in the authority exist or

arise, or likely to arise, the authority may make a reference to the

Urban Development & Housing Department and the department may

make a reference to the selection committee constituted for selection

of Chairperson and Members of the authority with reference to

section-71 of the Act.

21A.2 The Selection Committee may, for the purpose of selection of the

adjudicating officer, devise its own procedure as deems fit including

the appointment of a Search Committee and may laydown guidelines

and procedure to invite application from amongstpersons of having

requisite qualification for the post as mentioned in the Act & Rules.

21A.3 The Selection Committee shall select two persons for each vacancy

and recommend the same to the State Government.

21A.4 The Selection Committee shall make its recommendation to the

appropriate Government within a period of sixty days from the date

of reference made.

21A.5 The State Government shall within thirty days from the date of

receipt of the recommendation by the Selection Committee, appoint

one of the two persons recommended by the Selection Committee

against the vacancy of the adjudicating officer.

21A.6 Adjudicating officer shall hold office for a period not exceeding 5

years from the date he takes charge of the office in that capacity, or

till the age of sixty five (65) years, whichever is earlier.

21A.7 Adjudicating officer shall be entitled for salary, allowances and other

terms and conditions of service as applicable in case of member of

the authority.

झारखÖडगजट(असाधारण) शुĐवार, 13 ͧसतàबर, 2024

21A.8 Adjudicating officer shall only be a person, who is or has been a District Judge.

झारखंड भू-संपदा Ǔनयामक Ĥाͬधकार के अनुरोध के आलोक मɅ झारखंड भू-संपदा (ͪवǓनयमन और

ͪवकास) Ǔनयमावलȣ, 2017 को ǓनàनǾपेण संशोͬधत करते हुए èतàभ-II के Ĥावधान को èतàभ-III मɅ

उिãलͨखत तØयɉ के ɮवारा ĤǓतèथाͪपत करते हɇ:-

Đ॰

Ǔनयमावलȣ के Ĥावधान

संशोधन

III

धारा

19.4

(Part)

"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 or Principal Secretary to

the State Government or any equivalent

post in the Central 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 or Principal Secretary to

the State Government or any equivalent

post in the State Government or Central

Government."

धारा

20.12

Oath of Office and Secrecy:

20.12.1 Every person appointed to be

Chairperson and Member shall,

before entering upon their office,

make and subscribe to an Oath of

Office and of Secrecy in the

Forms-I and J, respectively.

20.12.2 Before

appointment,

the

Chairperson and the Member shall

have to give an undertaking that

he does not and will not have any

such financial or other interest as

is likely to affect prejudicially his

functions as such Chairperson or

Member.

Rules- 20.12 is deleted.

धारा

24.

Manner of recovery of interest, penalty

and compensation:

Subject to the provisions of sub-

section (1) of section 40, the recovery of the

amounts due as arrears of land revenue shall

be carried out in the manner provided in the

Jharkhand Land Revenue Act, 1964 and the

rules made there under.

Manner of recovery of interest, penalty and

compensation:

The recovery of the amounts due

such as interest, penalty or compensation

shall be recovered as arrears of land

revenue in the manner provided under

applicable local laws.

झारखंड राÏयपाल के आदेश से,

g0@&

ͪवनय कुमार चौबे,

सरकार के सͬचव ।

झारखÖडगजट(असाधारण) शुĐवार, 13 ͧसतàबर, 2024

URBAN DEVELOPMENT & HOUSING DEPARTMENT

--------

NOTIFICATION

15^th September, 2020

File no.-06/TCPO(Vivid)/09/2016-Navi.-2256-- Exercisingpowersconferred under Real

Estate (Regulation and Development) Act, 2016 (Centeral Act, 16, 2016), the Governor of Jharkhand

makes following amendments in Jharkhand Real Estate (Regulation and Development) Rules, 2017:-

Short title, extent and commencement:-

(1)

These rules shall be called the Jharkhand Real Estate (Regulation and Development)

(Amendment) Rules, 2020

(2)

These rules shall apply to the entire state of Jharkhand.

(3)

These rules shall come into force from the date of notification.

In section-2 under the head-Definitions, following definitions are added in Jharkhand Real

Estate (Regulation and Development) Rules, 2017:-

2.16

"Ongoing Project" means, a Project where development is going on and for which

Occupancy Certificate has not been issued but excludes such Projects for which

permissions were approved prior to 05.04.2016 by the Competent Authorities viz.

Urban Local Bodies/ Development Authority or any competent authority notified by

the State Government.

2.17

"Adjudicating officer" means as in Real Estate (Regulation and Development) Act,

2016.

2.18

"Authority" means, Jharkhand Real Estate Regulatory Authority.

2.19

"Urban Local Bodies" means, as notified by the State Government under Jharkhand

Municipal Act, 2011.

Under section-71 of Real Estate (Regulation and Development) Act, 2016 regarding

appointment of Permanent adjudicating officer and related provisions, a new section-21A is added

in Jharkhand Real Estate (Regulation

and Development) Rules, 2017 :-

21A

Selection of adjudicating officer.

21A.1 As and when vacancy of adjudicating officer in the authority exist or arise,

or likely to arise, the authority may make a reference to the Urban

Development & Housing Department and the department may make a

reference to the selection committee constituted for selection of

Chairperson and Members of the authority with reference to section-71 of

the Act.

झारखÖडगजट(असाधारण) शुĐवार, 13 ͧसतàबर, 2024

21A.2

The Selection Committee may, for the purpose of selection of the

adjudicating officer, devise its own procedure as deems fit including the

appointment of a Search Committee and may laydown guidelines and

procedure to invite application from amongstpersons of having requisite

qualification for the post as mentioned in the Act & Rules.

21A.3

The Selection Committee shall select two persons for each vacancy and

recommend the same to the State Government.

21A.4

The Selection Committee shall make its recommendation to the

appropriate Government within a period of sixty days from the date of

reference made.

21A.5

The State Government shall within thirty days from the date of receipt of

the recommendation by the Selection Committee, appoint one of the two

persons recommended by the Selection Committee against the vacancy of

the adjudicating officer.

21A.6

Adjudicating officer shall hold office for a period not exceeding 5 years

from the date he takes charge of the office in that capacity, or till the age of

sixty five (65) years, whichever is earlier.

21A.7

Adjudicating officer shall be entitled for salary, allowances and other terms

and conditions of service as applicable in case of member of the authority.

21A.8

Adjudicating officer shall only be a person, who is or has been a District

Judge.

On request of Jharkhand Real Estate Regulatory Authority,provision of Jharkhand Real Estate

(Regulation and Development) Rules, 2017 (column-II) are amended by provision in column-III :-

Sl.

Provision of Rules

Amendment

III

Section

19.4

(Part)

"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 or Principal Secretary to

the State Government or any equivalent

post in the Central 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 or Principal Secretary to

the State Government or any equivalent

post in the State Government or Central

Government."

Section

20.12

Oath of Office and Secrecy:

20.12.1 Every person appointed to be

Chairperson and Member shall,

before entering upon their office,

make and subscribe to an Oath of

Office and of Secrecy in the

Forms-I and J, respectively.

20.12.2 Before

appointment,

the

Chairperson and the Member shall

have to give an undertaking that

he does not and will not have any

such financial or other interest as

is likely to affect prejudicially his

functions as such Chairperson or

Member.

Rules- 20.12 is deleted.

झारखÖडगजट(असाधारण) शुĐवार, 13 ͧसतàबर, 2024

Section

24.

Manner of recovery of interest, penalty

and compensation:

Subject to the provisions of sub-

section (1) of section 40, the recovery of the

amounts due as arrears of land revenue shall

be carried out in the manner provided in the

Jharkhand Land Revenue Act, 1964 and the

rules made there under.

Manner of recovery of interest, penalty and

compensation:

The recovery of the amounts due

such as interest, penalty or compensation

shall be recovered as arrears of land

revenue in the manner provided under

applicable local laws.

By the order of Governor of Jharkhand,

g0@&

Vinay Kumar Choubey,

Secretary to Government.

--------

अधी¢क

अधी¢क, झारखÖड

झारखÖड राजकȧय मुġणालय

राजकȧय मुġणालय, राँची ɮवारा Ĥकाͧशत एवं मुǑġत

राँची ɮवारा Ĥकाͧशत एवं मुǑġत,

झारखÖड गजट

झारखÖड गजट (असाधारण

असाधारण)

) 583 – 50