1797
Panaji, 19th January, 2017 (Pausa 29, 1938)
SERIES I No. 42
Reg. No. G-2/RNP/GOA/32/2015-2017
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Law & Judiciary
Legal Affairs Division
Notification
10/4/2016-LA
The Payment of Wages (Amendment)
Ordinance, 2016 (Ordinance No. 9 of 2016),
which has been promulgated by the President
in the Sixty-seventh Year of the Republic of
India and published in the Gazette of
India, Extraordinary, Part II, Section 1, dated
28-12-2016, is hereby published for the general
information of the public.
Julio Barbosa Noronha, Under Secretary
(Law).
Porvorim, 13th January, 2017.
________
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th December, 2016/
/Pausha 7, 1938 (Saka)
Suggestions are welcomed on e-mail: dirñ[email protected]
Department Notification Subject
Pages
1. a. Law & Judiciary
Not.-10/4/2016-LA
The Payment of Wages (Amendment) Ordinance, 2016. 1797
Under Secretary
b. —do—
Not.-10/4/2016-LA
The Real Estate (Regulation and Development)
1798
Act, 2016.
2. Science, Technology and
Not.- LS/MISC/1916/
Levy of cess on non-biodegradable packaging
1836
Environment
/96/Part IV/378
material.
Dir. & ex officio Jt. Secretary
3. Transport
Not.-D.Tpt/EST/593/
Specifying vehicles carrying high dignitaries and
1839
Dir. & ex officio Jt. Secretary
/PF I/2017/160
officials to use lights with/without flasher.
INDEX
THE PAYMENT OF WAGES
(AMENDMENT) ORDINANCE, 2016
No. 9 of 2016
Promulgated by the President in the Sixty-
-seventh Year of the Republic of India.
An Ordinance further to amend the
Payment of Wages Act, 1936.
Whereas
the
Payment
of
Wages
(Amendment) Bill, 2016 has been introduced
in the House of the People on the 15th
December, 2016 and is pending in that House;
And whereas Parliament is not in session
and the President is satisfied that
circumstances exist which render it necessary
for him to take immediate action;
Now, therefore, in exercise of the powers
conferred by clause (1) of article 123 of the
Constitution, the President is pleased to
promulgate the following Ordinance:—
1. Short title and commencement.— (1) This
Ordinance may be called the Payment of
Wages (Amendment) Ordinance, 2016.
(2) It shall come into force at once.
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1798
2. Substitution of section 6 of Act 4 of 1936.—
For section 6 of the Payment of Wages Act,
1936, the following section shall be
substituted, namely:—
“6. Wages to be paid in current coin or
currency notes or by cheque or crediting in
bank account.— All wages shall be paid in
current coin or currency notes or by cheque
or by crediting the wages in the bank
account of the employee:
Provided
that
the
appropriate
Government may, by notification in the
Official Gazette, specify the industrial or
other establishment, the employer of which
shall pay to every person employed in such
industrial or other establishment, the wages
only by cheque or by crediting the wages
in his bank accoun.”.
PRANAB MUKHERJEE,
President.
Dr. G. NARAYANA RAJU,
Secretary to the Govt. of India.
Notification
10/4/2016-LA
The
Real
Estate
(Regulation
and
Development) Act, 2016 (Central Act No. 16
of 2016), which has been passed by
Parliament and assented to by the President
on 25-03-2016 and published in the Gazette
of India, Extraordinary, Part II, Section 1,
dated 26-03-2016, is hereby published for the
general information of the public.
Julio Barbosa Noronha, Under Secretary
(Law).
Porvorim, 26th October, 2016.
THE REAL ESTATE (REGULATION AND
DEVELOPMENT) ACT, 2016
CHAPTER I
Preliminary
Sections
1. Short title, extent and commencement.
2. Definitions.
Sections
CHAPTER II
Registration of real estate project and
registration of real estate agents
3. Prior registration of real estate project with Real
Estate Regulatory Authority.
4. Application for registration of real estate
projects.
5. Grant of registration.
6. Extension of registration.
7. Revocation of registration.
8. Obligation of Authority consequent upon lapse
of or on revocation of registration.
9. Registration of real estate agents.
10. Functions of real estate agents.
CHAPTER III
Functions and duties of promoter
11. Functions and duties of promoter.
12. Obligations of promoter regarding veracity of
the advertisement or prospectus.
13. No deposit or advance to be taken by promoter
without first entering into agreement for sale.
14. Adherence to sanctioned plans and project
specifications by the promoter.
15. Obligations of promoter in case of transfer of a
real estate project to a third party.
16. Obligations of promoter regarding insurance
of real estate project.
17. Transfer of title.
18. Return of amount and compensation.
CHAPTER IV
Rights and duties of allottees
19. Rights and duties of allottees.
CHAPTER V
The Real Estate Regulatory Authority
20. Establishment and incorporation of Real
Estate Regulatory Authority.
21. Composition of Authority.
22. Qualifications of Chairperson and Members of
Authority.
23. Term of office of Chairperson and Members.
24. Salary and allowances payable to Chairperson
and Members.
25. Administrative powers of Chairperson.
26. Removal of Chairperson and Members from
office in certain circumstances.
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Sections
27. Restrictions on Chairperson or Members on
employment after cessation of office.
28. Officers and other employees of Authority.
29. Meetings of Authority.
30. Vacancies, etc. not to invalidate proceeding
of Authority.
31. Filing of complaints with the Authority or the
adjudicating officer.
32. Functions of Authority for promotion of real
estate sector.
33. Advocacy and awareness measures.
34. Functions of Authority.
35. Powers of Authority to call for information,
conduct investigations.
36. Power to issue interim orders.
37. Powers of Authority to issue directions.
38. Powers of Authority.
39. Rectification of orders.
40. Recovery
of
interest
or
penalty
or
compensation and enforcement of order, etc.
CHAPTER VI
Central Advisory Council
41. Establishment of Central Advisory Council.
42. Functions of Central Advisory Council.
CHAPTER VII
The Real Estate Appellate Tribunal
43. Establishment of Real Estate Appellate
Tribunal.
44. Application for settlement of disputes and
appeals to Appellate Tribunal.
45. Composition of Appellate Tribunal.
46. Qualifications for appointment of Chair- person
and Members.
47. Term of office of Chairperson and Members.
48. Salary and allowances payable to Chairperson
and Members.
49. Removal of Chairperson and Member from
office in certain circumstances.
50. Restrictions on Chairpersons or Judicial
Member or Technical or Administrative
Member on employment after cessation of
office.
51. Officers and other employees of Appellate
Tribunal.
Sections
52. Vacancies.
53. Powers of Tribunal.
54. Administrative powers of Chairperson of
Appellate Tribunal.
55. Vacancies, etc., not to invalidate proceeding
of Appellate Tribunal.
56. Right to legal representation.
57. Orders passed by Appellate Tribunal to be
executable as a decree.
58. Appeal to High Court.
CHAPTER VIII
Offences, Penalties and Adjudication
59. Punishment for non-registration under
section 3.
60. Penalty for contravention of section 4.
61. Penalty for contravention of other provisions
of this Act.
62. Penalty for non-registration and contravention
under sections 9 and 10.
63. Penalty for failure to comply with orders of
Authority by promoter.
64. Penalty for failure to comply with orders of
Appellate Tribunal by promoter.
65. Penalty for failure to comply with orders of
Authority by real estate agent.
66. Penalty for failure to comply with orders of
Appellate Tribunal by real estate agent.
67. Penalty for failure to comply with orders of
Authority by allottee.
68. Penalty for failure to comply with orders of
Appellate Tribunal by allottee.
69. Offences by companies.
70. Compounding of offences.
71. Power to adjudicate.
72. Factors to be taken into account by the
adjudicating officer.
CHAPTER IX
Finance, Accounts, Audits and Reports
73. Grants and loans by Central Government.
74. Grants and loans by State Government.
75. Constitution of Fund.
76. Crediting sums realised by way of penalties
to Consolidated Fund of India or State account.
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1800
Sections
77. Budget, accounts and audit.
78. Annual report.
CHAPTER X
Miscellaneous
79. Bar of jurisdiction.
80. Cognizance of offences.
81. Delegation.
82. Power of appropriate Government to supersede
Authority.
83. Powers of appropriate Government to issue
directions to Authority and obtain reports and
returns.
84. Power of appropriate Government to make
rules.
85. Power to make regulations.
86. Laying of rules.
87. Members, etc., to be public servants.
88. Application of other laws not barred.
89. Act to have overriding effect.
90. Protection of action taken in good faith.
91. Power to remove difficulties.
92. Repeal.
THE REAL ESTATE (REGULATION AND
DEVELOPMENT) ACT, 2016
AN
ACT
to establish the Real Estate Regulatory
Authority for regulation and promotion of the
real estate sector and to ensure sale of plot,
apartment or building, as the case may be, or
sale of real estate project, in an efficient and
transparent manner and to protect the interest
of consumers in the real estate sector and to
establish an adjudicating mechanism for
speedy dispute redressal and also to establish
the Appellate Tribunal to hear appeals from
the decisions, directions or orders of the
Real Estate Regulatory Authority and
the adjudicating officer and for matters
connected therewith or incidental thereto.
Be it enacted by Parliament in the Sixty-
-seventh Year of the Republic of India as
follows:—
CHAPTER I
Preliminary
1. Short title, extent and commencement.—
(1) This Act may be called the Real Estate
(Regulation and Development) Act, 2016.
(2) It extends to the whole of lndia except
the State of Jammu and Kashmir.
(3) It shall come into force on such date as
the Central Government may, by notification
in the Official Gazette, appoint:
Provided that different dates may be
appointed for different provisions of this Act
and any reference in any such provision to
the commencement of this Act shall be
construed as a reference to the coming into
force of that provision.
2. Definitions.— In this Act, unless the
context otherwise requires,—
(a) “adjudicating officer” means the
adjudicating officer appointed under sub-
-section (1) of section 71;
(b) “advertisement” means any document
described or issued as advertisement
through any medium and includes any notice,
circular or other documents or publicity in
any form, informing persons about a real
estate project, or offering for sale of a plot,
building or apartment or inviting persons
to purchase in any manner such plot, building
or apartment or to make advances or
deposits for such purposes;
(c) “agreement for sale” means an
agreement entered into between the
promoter and the allottee;
(d) “allottee” in relation to a real estate
project, means the person to whom a plot,
apartment or building, as the case may be,
has been allotted, sold (whether as freehold
or leasehold) or otherwise transferred by the
promoter, and includes the person who
subsequently acquires the said allotment
through sale, transfer or otherwise but does
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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 Puducherry,
the Union territory Government;
(iii) the Union territory of Delhi, the
Central Ministry of Urban Development;
(iv) the State, the State Government;
(h) “architect” means a person
registered as an architect under
the provisions of the Architects
Act, 1972;
(i) “Authority” means the Real Estate
Regulatory Authority established under
sub-section (1) of section 20;
(j) “building” includes any structure or
erection or part of a structure or erection
which is intended to be used for residential,
commercial or for the purpose of any
business, occupation, profession or trade, or
for any other related purposes;
(k) “carpet area” means the net usable
floor area of an apartment, excluding the
area covered by the external walls, areas
under services shafts, exclusive balcony
or verandah area and exclusive open
terrace area, but includes the area covered
by the internal partition walls of the
apartment.
Explanation.— For the purpose of this
clause, the expression “exclusive balcony or
verandah area” means the area of the
balcony or verandah, as the case may be,
which is appurtenant to the net usable floor
area of an apartment, meant for the exclusive
use of the allottee; and “exclusive open
terrace area” means the area of open terrace
which is appurtenant to the net usable floor
area of an apartment, meant for the exclusive
use of the allottee:
(l) “Chairperson” means the Chairperson
of the Real Estate Regulatory Authority
appointed under section 21;
(m) “commencement certificate” means
the commencement certificate or the
building permit or the construction permit,
by whatever name called issued by the
competent authority to allow or permit the
promoter to begin development works
on an immovable property, as per the
sanctioned plan;
(n) “common areas” mean—
(i) the entire land for the real estate
project or where the project is developed
in phases and registration under this Act
is sought for a phase the entire land for
that phase;
(ii) the stair cases, lifts, staircase and
lift lobbies, 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,
20 of 1972.
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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;
(o)
“company”
means
a
company
incorporated
and
registered under the Companies
Act, 2013 and includes,—
(i) a corporation established by or
under any Central Act or State Act;
(ii) a development authority or any
public authority established by the
Government in this behalf under any law
for the time being in force;
(p) “competent authority” means the
local authority or any authority created or
established under any law for the time being
in force by the appropriate Government,
which exercises authority over land under
its jurisdiction, and has powers to give
permission for development of such
immovable property;
(q) “completion certificate” means the
completion certificate, or such other
certificate, by whatever name called, issued
by the competent authority certifying that
the real estate project has been developed
according to the sanctioned plan, layout
plan and specifications, as approved by the
competent authority under the local laws;
(r) “day” means the working day, in the
concerned State or Union territory, as the
case may be, notified by the appropriate
Government from time to time;
(s) “development” with its grammatical
variations and cognate expressions, means
carrying out the development of immovable
property, engineering or other operations in,
on, over or under the land or the making of
any material change in any immovable
property or land and includes 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 of Technical Education
or any University or any institution
recognised under a law or is registered as
an engineer under any law for the time
being in force;
(v) “estimated cost of real estate project”
means the total cost involved in developing
the real estate project and includes the land
cost, taxes, cess development and other
charges;
(w) “external development works”
includes
roads
and
road
systems
landscaping, water supply, 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;
(y) “garage” means a place within a
project having a roof and walls on three
sides for parking any vehicle, but does
not include an unenclosed or uncovered
parking space such as open parking
areas;
18 of 2013.
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(z) “immovable property” includes land,
buildings, rights of ways, lights or any other
benefit arising out of land and things
attached to the earth or permanently
fastened to anything which is attached to
the earth, but not standing timber, standing
crops or grass;
(za) “interest” means the rates of interest
payable by the promoter or the allottee, as
the case may be.
Explanation.— For the purpose of this
clause—
(i) the rate of interest chargeable from
the allottee by the promoter, in case of
default, shall be equal to the rate of
interest which the promoter shall be liable
to pay the allottee, in case of default;
(ii) the interest payable by the
promoter to the allottee shall be from the
date the promoter received the amount
or any part thereof till the date the amount
or part thereof and interest thereon is
refunded, and the interest payable by the
allottee to the promoter shall be from the
date the allottee defaults in payment to
the promoter till the date it is paid;
(zb) “internal development works” means
roads, footpaths, water supply, sewers,
drains, parks, tree planting, street lighting,
provision for community buildings and for
treatment and disposal of sewage and
sullage water, solid waste management
and disposal, water conservation, energy
management, fire protection and fire safety
requirements, social infrastructure such
as educational health and other public
amenities or any other work in a project for
its benefit, as per sanctioned plans;
(zc) “local authority” means the Municipal
Corporation or Municipality or Panchayats
or any other Local Body constituted under
any law for the time being in force for
providing municipal services or basic
services, as the case may be, in respect of
areas under its jurisdication;
(zd) “Member” means the member of the
Real Estate Regulatory Authority appointed
under section 21 and includes the
Chairperson;
(ze) “notification” means a notification
published in the Official Gazette and the
expression “notify” shall be construed
accordingly;
(zf) “occupancy certificate” means the
occupancy certificate, or such other
certificate by whatever name called, issued
by the competent authority permitting
occupation of any building, as provided
under local laws, which has provision for
civic infrastructure such as water, sanitation
and electricity;
(zg) “Person” includes,—
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm under the Indian
Partnership Act, 1932 or the
Limited Liability Partnership
Act, 2008, as the case may be;
(v) a competent authority;
(vi) an association of persons or a body
of individuals whether incorporated or not;
(vii) a co-operative society registered
under any law relating to co-operative
societies;
(viii) any such other entity as the
appropriate Government may, by
notification, specify in this behalf;
(zh) “planning area” means a planning
area or a development area or a local
planning area or a regional development
plan area, by whatever name called, or any
other area specified as such by the
appropriate Government or any competent
authority and includes any area designated
by the appropriate Government or the
competent authority to be a planning area
for future planned development, under the
law relating to Town and Country Planning
for the time being in force and as revised
from time to time;
9 of 1932.
6 of 2009.
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(zi) “prescribed” means prescribed by
rules made under this Act;
(zj) “project” means the real estate
project as defined in cluase (zn);
(zk) “promoter” means,—
(i) a person who constructs or causes
to be constructed an independent
building or a building consisting of
apartments, or converts an existing
building or a part thereof into apartments,
for the purpose of selling all or some of
the apartments to other persons and
includes his assignees; or
(ii) a person who develops land into a
project, whether or not the person also
constructs structures on any of the plots,
for the purpose of selling to other persons
all or some of the plots in the said project,
whether with or without structures
thereon; or
(iii) any development authority or any
other public body in respect of allottees
of—
(a) buildings or apartments, as the
case may be, constructed by such
authority or body on lands owned by
them or placed at their disposal by the
Government; or
(b) plots owned by such authority or
body or placed at their disposal by the
Government,
for the purpose of selling all or some of
the apartments or plots; or
(iv) an apex State level co-operative
housing finance society and a primary
co-operative housing society which
constructs apartments or buildings for its
Members or in respect of the allottees of
such apartments or buildings; or
(v) any other person who acts himself
as a builder, coloniser, contractor,
developer, estate developer or by any
other name or claims to be acting as the
holder of a power of attorney from the
owner of the land on which the building
or apartment is constructed or plot is
developed for sale; or
(vi) such other person who constructs
any building or apartment for sale to the
general public.
Explanation.— For the purposes of this
clause, where the person who constructs
or converts a building into apartments or
develops a plot for sale and the 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 of plot,
apartment or building, as the case may be,
of any other person to him and receives
remuneration or fees or any other charges
for his services whether as commission
or otherwise and includes a person
who introduces, through any medium,
prospective buyers and sellers to each
other for negotiation for sale or purchase
of plot, apartment or building, as the case
may be, and includes property dealers,
brokers, middlemen by whatever name
called;
(zn) “real estate project” means the
development of a building or a building
consisting of apartments, or converting an
existing building or a part thereof into
apartments, or the development of land into
plots or apartment, as the case may be, for
the purpose of selling all or some of the
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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 regula-
tions made by the Authority under this
Act;
(zp) “rule” means the rules made
under this Act by the appropriate
Government;
(zq) “sanctioned plan” means the site
plan, building plan, service plan, parking and
circulation plan, landscape plan, layout plan,
zoning plan and such other plan and includes
structural designs, if applicable, permissions
such as environment permission and such
other permissions, which are approved by
the competent authority prior to start of a
real estate project;
(zr) words and expressions used herein
but not defined in this Act and defined in
any law for the time being in force or in the
municipal laws or such other relevant laws
of the appropriate Government shall have
the same meanings respectively assigned
to them in those laws.
CHAPTER II
Registration of real estate project and
registration of real estate agents
3. Prior registration of real estate project with
Real Estate Regulatory Authority.— (1) No
promoter shall advertise, market, book, sell or
offer for sale, or invite persons to purchase in
any manner any plot, apartment or building,
as the case may be, in any real estate project
or part of it, in any planning area, without
registering the real estate project with the
Real Estate Regulatory Authority established
under this Act:
Provided that projects that are ongoing on
the date of commencement of this Act and for
which the completion certificate has not been
issued, the promoter shall make an application
to the Authority for registration of the said
project within a period of three months from
the date of commencement of this Act:
Provided further that if the Authority thinks
necessary, in the interest of allottees, for
projects which are developed beyond the
planning area but with the requisite
permission of the local authority, it may, by
order, direct the promoter of such project to
register with the Authority, and the provisions
of this Act or the rules and regulations
made thereunder, shall apply to such
projects from that stage of registration.
(2) Notwithstanding anything contained in
sub-section (1), no registration of the real
estate project shall be required—
(a) where the area of land proposed to be
developed does not exceed five hundred
square meters or the number of apartments
proposed to be developed does not exceed
eight inclusive of all phases:
Provided that, if the appropriate
Government considers it necessary, it may,
reduce the threshold below five hundred
square meters or eight apartments, as the
case may be, inclusive of all phases, for
exemption from registration under this Act;
(b) where the promoter has received
completion certificate for a real estate
project prior to commencement of this Act;
(c) for the purpose of renovation or repair
or re-development which does not involve
marketing, advertising selling or new
allotment of any apartment, plot or building,
as the case may be, under the real estate
project.
Explanation.— For the purpose of this
section, where the real estate project is to
be developed in phases, every such phase
shall be considered a stand alone real estate
project, and the promoter shall obtain
registration under this Act for each phase
separately.
4. Application for registration of real estate
projects.— (1) Every promoter shall make an
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application to the Authority for registration of
the real estate project in such form, manner,
within such time and accompanied by such
fee as may be specified by the regulations
made by the Authority.
(2) The promoter shall enclose the following
documents along with the application referred
to in sub-section (1), namely:—
(a) a brief details of his enterprise
including its name, registered address, type
of enterprise (proprietorship, societies,
partnership,
companies,
competent
authority), and the particulars of registration,
and the names and photographs of the
promoter;
(b) a brief detail of the projects launched
by him, in the past five years, whether
already completed or being developed,
as the case may be, including the current
status of the said projects, any delay in its
completion, details of cases pending, details
of type of land and payments pending;
(c) an authenticated copy of the approvals
and commencement certificate from
the competent authority obtained in
accordance with the laws as may be
applicable for the real estate project
mentioned in the application, and where the
project is proposed to be developed in
phases, an authenticated copy of the
approvals and commencement certificate
from the competent authority for each of
such phases;
(d) the sanctioned plan, layout plan and
specifications of the proposed project or the
phase thereof, and the whole project as
sanctioned by the competent authority;
(e) the plan of development works to be
executed in the proposed project and the
proposed facilities to be provided thereof
including fire fighting facilities, drinking
water facilities, emergency evacuation
services, use of renewable energy;
(f) the location details of the project, with
clear demarcation of land dedicated for the
project along with its boundaries including
the latitude and longitude of the end points
of the project;
(g) proforma of the allotment letter,
agreement for sale, and the conveyance
deed proposed to be signed with the
allottees;
(h) the number, type and the carpet area
of apartments for sale in the project along
with the area of the exclusive balcony
or verandah areas and the exclusive
open terrace areas apartment with the
apartment, if any;
(i) the number and areas of garage for
sale in the project;
(j) the names and addresses of his real
estate agents, if any, for the proposed
project;
(k) the names and addresses of the
contractors, architect, structural engineer,
if any and other persons concerned with
the development of the proposed project;
(l) a declaration, supported by an affidavit,
which shall be signed by the promoter or
any person authorised by the promoter,
stating:—
(A) that he has a legal title to the land
on which the development is proposed
along with legally valid documents with
authentication of such title, if such land
is owned by another person;
(B) that the land is free from all
encumbrances, or as the case may be
details of the encumbrances on such land
including any rights, title, interest or
name of any party in or over such land
along with details;
(C) the time period within which he
undertakes to complete the project or
phase thereof, as the case may be;
(D) that seventy per cent. of the
amounts realised for the real estate
project from the allottees, from time to
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time, shall be deposited in a separate
account to be maintained in a scheduled
bank to cover the cost of construction and
the land cost and shall be used only for
that purpose:
Provided that the promoter shall
withdraw the amounts from the separate
account, to cover the cost of the project,
in proportion to the percentage of
completion of the project:
Provided further that the amounts from
the separate account shall be withdrawn
by the promoter after it is certified by an
engineer, an architect and a chartered
accountant in practice that the withdrawal
is in proportion to the percentage of
completion of the project:
Provided also that the promoter shall
get his accounts audited within six
months after the end of every financial
year by a chartered accountant in
practice, and shall produce a statement
of accounts duly certified and signed by
such chartered accountant and it shall
be verified during the audit that the
amounts collected for a particular project
have been utilised for 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
bank” means a bank included in
the Second Scheduled 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. Grant of registration.— (1) On receipt
of the application under sub-section (1) of
section 4, the Authority shall within a period
of thirty days.
(a) grant registration subject to the
provisions of this Act and the rules and
regulations made thereunder, and provide
a registration number, including a Login Id
and password to the applicant for accessing
the website of the Authority and to create
his web page and to fill therein the details
of the proposed project; or
(b) reject the application for reasons to
be recorded in writing if such application
does not conform to the provisions of this
Act or the rules or regulations made
thereunder:
Provided that no application shall be
rejected unless the applicant has been given
an opportunity of being heard in the matter.
(2) If the Authority fails to grant the
registration or reject the application, as the
case may be, as provided under sub-section
(1), the project shall be deemed to have been
registered, and the Authority shall within
a period of seven days of the expiry of the
said period of thirty days specified under
sub-section (1), provide a registration number
and a Login Id and password to the promoter
for accessing the website of the Authority and
to create his web page and to fill therein the
details of the proposed project.
(3) The registration granted under this
section shall be valid for a period declared by
the promoter under sub-clause (C) of clause (1)
of sub-section (2) of section 4 for completion
of the project or phase thereof, as the case
may be.
6. Extension of registration.— The
registration granted under section 5 may be
20 of 1934.
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extended by the Authority on an application
made by the promoter due to force majeure in
such form and on payment of such fee as may
be specified by regulations made by the
Authority:
Provided that the Authority may in
reasonable circumstances, without default on
the part of the promoter, based on the facts of
each case, and for reasons to be recorded in
writing, extend the registration granted to a
project for such time as it considers necessary,
which shall, in aggregate, not exceed a period
of one year:
Provided further that no application for
extension of registration shall be rejected
unless the applicant has been given an
opportunity of being heard in the matter.
Explanation.— For the purpose of this section,
the expression “force majeure” shall mean a
case of war, flood, drought, fire, cyclone,
earthquake or any other calamity caused by
nature affecting the regular development of
the real estate project.
7. Revocation of registration.— (1) The
Authority may, on receipt of a complaint or suo
motu in this behalf or on the recommendation
of the competent authority, revoke the
registration granted under section 5, after
being satisfied that—
(a) the promoter makes default in doing
anything required by or under this Act
or the rules or the regulations made
thereunder;
(b) the promoter violates any of the terms
or conditions of the approval given by the
competent authority;
(c) the promoter is involved in any kind
of unfair practice or irregularities.
Explanation.— For the purposes of this
clause, the term “unfair practice means” a
practice which, for the purpose of promoting
the sale or development of any real estate
project adopts any unfair method or unfair or
deceptive practice including any of the
following practices, namely:—
(A) the practice of making any statement,
whether in writing or by visible
representation which,—
(i) falsely represents that the services
are of a particular standard or grade;
(ii) represents that the promoter has
approval or affiliation which such promoter
does not have;
(iii) makes a false or misleading
representation concerning the services;
(B) the promoter permits the publication
of any advertisement or prospectus whether
in any newspaper or otherwise of services
that are not intended to be offered;
(d) the promoter indulges in any
fraudulent practices.
(2) The registration granted to the promoter
under section 5 shall not be revoked unless
the Authority has given to the promoter not
less than thirty days notice, in writing, stating
the grounds on which it is proposed to revoke
the registration, and has considered any cause
shown by the promoter within the period of
that notice against the proposed revocation.
(3) The Authority may, instead of revoking
the registration under sub-section (1), permit
it to remain in force subject to such further
terms and conditions as it thinks fit to impose
in the interest of the allottees, and any such
terms and conditions so imposed shall be
binding upon the promoter.
(4) The Authority, upon the revocation of
the registration,—
(a) shall debar the promoter from
accessing its website in relation to that
project and specify his name in the list of
defaulters and display his photograph on its
website and also inform the other Real
Estate Regulatory Authority in other States
and Union territories about such revocation
or registration;
(b) shall facilitate the remaining
development works to be carried out
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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 (1) of sub-section (2)
of section 4, to freeze the account, and
thereafter take such further necessary
actions, including consequent de-freezing
of the said account, towards facilitating the
remaining development works in accordance
with the provisions of section 8;
(d) may, to protect the interest of allottees
or in the public interest, issue such
directions as it may deem necessary.
8. Obligation of Authority consequent upon
lapse of or on revocation of registration.— Upon
lapse of the registration or on revocation of
the registration under this Act, the Authority,
may consult the appropriate Government to
take such action as it may deem fit including
the carrying out of the remaining development
works by competent authority or by the
association of allottees or in any other manner,
as may be determined by the Authority:
Provided that no direction, decision or order
of the Authority under this section shall take
effect until the expiry of the period of appeal
provided under the provisions of this Act:
Provided further that in case of revocation
of registration of a project under this Act,
the association of allottees shall have the
first right of refusal for carrying out of the
remaining development works.
9. Registration of real estate agents.—
(1) No real estate agent shall facilitate the sale
or purchase of or act on behalf of any person
to facilitate the sale or purchase of any plot,
apartment or building, as the case may be, in
a real estate project or part of it, being the
part of the real estate project registered under
section 3, being sold by the promoter in any
planning area, without obtaining registration
under this section.
(2) Every real estate agent shall make an
application to the Authority for registration in
such form, manner, within such time and
accompanied by such fee and documents as
may be prescribed.
(3) The Authority shall, within such period,
in such manner and upon satisfying itself of
the fulfillment of such conditions, as may be
prescribed—
(a) grant a single registration to the real
estate agent for the entire State of Union
territory, 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 satisfied
that such registration has been secured by the
real estate agent through misrepresentation
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or fraud, the Authority may, without prejudice
to any other provisions under this Act, revoke
the registration or suspend the same for such
period as it thinks fit:
Provided that no such revocation or
suspension shall be made by the Authority
unless an opportunity of being heard has
been given to the real estate agent.
10. Functions of real estate agents.— Every
real estate agent registered under section 9
shall—
(a) not facilitate the sale or purchase of
any plot, apartment or building, as the case
may be, in a real estate project or part of
it, being sold by the promoter in any
planning area, which is not registered
with the Authority;
(b) maintain and preserve such books
of account, records and documents as
may prescribed;
(c) not involve himself in any unfair
trade practices, namely:—
(i) the practice of making any
statement, whether orally or in writing
or by visible representation which—
(A) falsely represents that the
services are of a particular standard
or grade;
(B) represents that the promoter
or himself has approval or affiliation
which such promoter or himself does
not have;
(C) makes a false or misleading
representation concerning the services;
(ii) permitting the publication of any
advertisement whether in any newspaper
or otherwise of services that are not
intended to be offered.
(d) facilitate the possession of all the
information and documents, as the allottee,
is entitled to, at the time of booking of
any plot, apartment or building, as the
case may be;
(e) discharge such other functions as
may be prescribed.
CHAPTER III
Functions and duties of promoter
11. Functions and duties of promoter.—
(1) The promoter shall, upon receiving his
Login Id and password under clause (a) of
sub-section (1) or under sub-section (2) of
section 5, as the case may be, create his web
page on the website of the Authority and
enter all details of the proposed project as
provided under sub-section (2) of section 4, in
all the fields as provided, for public viewing,
including—
(a) details of the registration granted by
the Authority;
(b) quarterly up-to-date the list of number
and types of apartments or plots, as the
case may be, booked;
(c) quarterly up-to-date the list of number
of garages booked;
(d) quarterly up-to-date the list of
approvals taken and the approvals which
are pending subsequent to commencement
certificate;
(e) quarterly up-to-date status of the
project; and
(f) such other information and documents
as may be specified by the regulations
made by the Authority.
(2) The advertisement or prospectus issued
or published by the promoter shall mention
prominently the website address of the
Authority, wherein all details of the registered
project have been entered and include the
registration number obtained from the
Authority and such other matters incidental
thereto.
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(3) The promoter at the time of the booking
and issue of allotment letter shall be
responsible to make available to the allottee,
the following information, namely:—
(a) Sanctioned Plans, layout plans, along
with specifications, approved by the
competent authority, by display at the site
or such other place as may be specified by
the regulations made by the Authority;
(b) the stage wise time schedule of
completion of the project, including the
provisions for civic infrastructure like water,
sanitation and electricity.
(4) The promoter shall—
(a) be responsible for all obligations,
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;
(f) execute a registered conveyance deed
of the apartment, plot or building, as the case
may be, in favour of the allottee along with
the undivided proportionate title in the
common areas to the association of allottees
of 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
outgoing (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,
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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 therefore by such
authority or person;
(h) after he executes an agreement for
sale for any apartment, plot or building, as
the case may be, not mortgage or create a
charge on such apartment, plot or building,
as the case may be, and if any such mortgage
or charge is made or created then
notwithstanding anything contained in any
other law for the time being in force, it shall
not affect the right and interest of the
allottee who has taken or agreed to take
such apartment, plot or building, as the
case may be;
(5) The promoter may cancel the allotment
only in terms of the agreement for sale:
Provided that the allottee may approach
the Authority for relief, if he is aggrieved by
such cancellation and such cancellation is
not in accordance with the terms of the
agreement for sale, unilateral and without
any sufficient cause.
(6) The promoter shall prepare and maintain
all such other details as may be specified, from
time to time, by regulations made by the
Authority.
12. Obligations of promoter regarding
veracity of the advertisement or prospectus.—
Where any person makes an advance or a
deposit on the basis of the information contained
in the notice advertisement or prospectus, or on
the basis of any model apartment, plot or
building, as the case may be, and sustains any
loss or damage by reason of any incorrect, false
statement included therein, he shall be
compensated by the promoter in the manner
as provided under this Act:
Provided that if the person affected by such
incorrect, false statement contained in the
notice, advertisement or prospectus, or the
model apartment, plot or buildings as the case
may be, intends to withdraw from the proposed
project, he shall be returned his entire
investment along with interest at such rate
as may be prescribed and the compensation
in the manner provided under this Act.
13. No deposit or advance to be taken
by promoter without first entering into
agreement for sale.— (1) A promoter shall not
accept a sum more than ten per cent of the
cost of the apartment, plot, or building as the
case may be, as an advance payment or an
application fee, from a person without first
entering into a written agreement for sale with
such person and register the said agreement
for sale, under any law for the time being in
force.
(2) The agreement for sale referred to
in sub-section (1) shall be in such form as
may be prescribed and shall specify the
particulars of development of the project
including the construction of building and
apartments, along with specifications and
internal development works and external
development works, the dates and the manner
by which payments towards the cost of the
apartment, plot or building, as the case may
be, are to be made by the allottees and
the date on which the possession of the
apartment, plot or building is to be handed
over, the rates of interest payable by the
promoter to the allottee and the allottee to the
promoter in case of default, and such other
particulars, as may be prescribed.
14. Adherence to sanctioned plans and project
specifications by the promoter.— (1) The
proposed project shall be developed and
completed by the promoter in accordance with
the sanctioned plans, layout plans and
specifications as approved by the competent
authorities.
(2) Notwithstanding anything contained
in any law, contract or agreement, after
the sanctioned plans, layout plans and
specifications and the nature of the fixtures,
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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 changes
or alterations as may be necessary due to
architectural and structural reasons duly
recommended and verified by an authorised
Architect or Engineer after proper declaration
and intimation to the allottee.
Explanation.— For the purpose of this
clause, “minor additions or alterations”
excludes structural change including an
addition to the area or change in height, or the
removal of part of a building or any change to
the structure, such as the construction or
removal or cutting into of any wall or a part of
a wall, partition, column, beam, joist, floor
including a mezzanine floor or other support,
or a change to or closing of any required
means of access ingress or egress or a change
to the fixtures or equipment, etc.
(ii) any other alterations or additions in
the sanctioned plans, layout plans and
specifications of the buildings or the common
areas within the project without the previous
written consent of at least two-thirds of the
allottees, other than the promoter, who have
agreed to take apartments in such building.
Explanation.— For the purpose of this clause,
the allottees, irrespective of the number of
apartments or plots, as the case may be,
booked by him or booked in the name of his
family, or in the case of other persons such as
companies or firms or any association of
individuals etc. by whatever name called,
booked in its name or booked in the name of
its associated entities or related enterprises,
shall be considered as one allottee only.
(3) In case any structural defect or any other
defect in workmanship, quality or provision of
services or any other obligations of the
promoter as per the agreement for sale relating
to such development is brought to the notice
of the promoter within a period of five years
by the allottee from the date of handing over
possession, it shall be the duty of the promoter
to rectify such defects without further charge,
within thirty days, and in the event of
promoter’s failure to rectify such defects
within such time, the aggrieved allottees
shall be entitled to receive appropriate
compensation in the manner as provided
under this Act.
15. Obligations of promoter in case of transfer
of a real estate project to a third party.— (1)
The promoter shall not transfer or assign his
majority rights and liabilities in respect of
a real estate project to a third party
without obtaining prior written consent from
two-third allottees, except the promoter, and
without the prior written approval of the
Authority:
Provided that such transfer or assignment
shall not affect the allotment or sale of the
apartments, plots or buildings as the case may
be, in the real estate project made by the
erstwhile promoter.
Explanation.— For the purpose of this sub-
-section, the allottee, irrespective of the
number of apartments or plots, as the case may
be, booked by him or booked in the name of
his family, or in the case of other persons such
as companies or firms or any association of
individuals, by whatever name called, booked
in its name or booked in the name of
its associated entities or related enterprises,
shall be considered as one allottee only.
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(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 of breach or delay, as the case
may be, as provided under this Act or the
rules and regulations made thereunder.
16. Obligations of promoter regarding
insurance of real estate project.— (1) The
promoter shall obtain all such insurances
as may be notified by the appropriate
Government, including but not limited to
insurance in respect of—
(i) title of the land and building as a part
of the real estate project; and
(ii) construction of the real estate project.
(2) The promoter shall be liable to pay the
premium and charges in respect of the
insurance specified in sub-section (1) and
shall pay the same before transferring the
insurance to the association of the allottees.
(3) The insurance as specified under sub-
-section (1) shall stand transferred to the
benefit of the allottee or the association of
allottees, as the case may be, at the time of
promoter entering into an agreement for sale
with the allottee.
(4) On formation of the association of the
allottees all documents relating to the
insurance specified under sub-section (1)
shall be handed over to the association of
the allottees.
17. Transfer of title.— (1) The promoter shall
execute a registered conveyance deed in
favour of the allottee along with the undivided
proportionate title in the common areas to the
association of the allottees or the competent
authority, as the case may be, and hand over
the physical possession of the plot, apartment
of building, as the case may be, to the allottees
and the common areas to the association of
the allottees or the competent authority, as
the case may be in a real estate project, and
the other title documents pertaining thereto
within specified period as per sanctioned
plans as provided under the local laws:
Provided that, in the absence of any local
law, conveyance deed in favour of the allottee
or the association of the allottees or the
competent authority, as the case may be, under
this section shall be carried out by the
promoter within three months from date of
issue of occupancy certificate.
(2) After obtaining the occupancy certificate
and handing over physical possession to the
allottees in terms of sub-section (1), it shall be
the responsibility of the promoter to 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 thirty days after obtaining the
occupancy certificate.
18. Return of amount and composition.—
(1) If the promoter fails to complete or is unable
to give possession of an apartment, plot or
building,—
(a) in accordance with the terms of the
agreement for sale or, as the case may
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be, duly completed by the date specified
therein; or
(b) due to discontinuance of his business
as a developer on account of suspension
or revocation of the registration under this
Act or for any other reason,
he shall be liable on demand to the allottees,
in case the allottee wishes to withdraw from
the project, without prejudice to any other
remedy available, to return the amount
received by him in respect of that apartment,
plot, building, as the case may be, with
interest at such rate as may be prescribed in
this behalf including compensation in the
manner as provided under this Act:
Provided that where an allottee does not
intend to withdraw from the project, he shall
be paid, by the promoter, interest for every
month of delay, till the handing over of the
possession, at such rate as may be prescribed.
(2) The promoter shall compensate the
allottees in case of any loss caused to him due
to defective title of the land, on which the
project is being developed or has been
developed, in the manner as provided under
this Act, and the claim for compensation under
this sub-section shall not be barred by
limitation provided under any law for the
time being in force.
(3) If the promoter fails to discharge any
other obligations imposed on him under this
Act or the rules or regulations made thereunder
or in accordance with the terms and conditions
of the agreement for sale, he shall be liable
to pay such compensation to the allottees, in
the manner as provided under this Act.
CHAPTER IV
Rights and duties of allottees
19. Rights and duties of allottees.— (1) The
allottee shall be entitled to obtain the
information relating to sanctioned plans, layout
plans along with the specifications, approved
by the competent authority and such other
information as provided in this Act or the
rules and regulations made thereunder or
the agreement for sale signed with the
promoter.
(2) The allottee shall be entitled to know
stage-wise time schedule of completion of the
project, including the provisions for water,
sanitation, electricity and other amenities and
services as agreed to between the promoter
and the allottee in accordance with the terms
and conditions of the agreement for sale.
(3) The allottee shall be entitled to claim
the possession of apartment, plot or building,
as the case may be, and the association
of allottees shall be entitled to claim the
possession of the common areas, as per the
declaration given by the promoter under
sub-clause (C) of clause (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 or 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
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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 buildings, 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.
CHAPTER V
The Real Estate Regulatory Authority
20. Establishment and incorporation of Real
Estate Regulatory Authority.— (1) The
appropriate Government shall, within a period
of one year from the date of coming into force
of this Act, by notification, establish an
Authority to be known as the Real Estate
Regulatory Authority to exercise the powers
conferred on it and to perform the functions
assigned to it under this Act:
Provided that the appropriate Government
of two or more States or Union territories
may, if it deems fit, establish one single
Authority:
Provided further that the appropriate
Government may, if it deems fit, establish
more than one Authority in a State or Union
territory, as the case may be:
Provided also that until the establishment
of a Regulatory Authority under this section,
the appropriate Government shall, by order,
designate any Regulatory Authority or any
officer preferably the Secretary of the
department dealing with Housing, as the
Regulatory Authority for the purposes under
this Act:
Provided also that after the establishment
of the Regulatory Authority, all applications,
complaints or cases pending with the
Regulatory Authority designated, shall stand
transferred to the Regulatory Authority so
established and shall be heard from the stage
such applications, complaints or cases are
transferred.
(2) The Authority shall be a body corporate
by the name aforesaid having perpetual
succession and a common seal, with the power,
subject to the provisions of this Act, to acquire,
hold and dispose of property, both movable and
immovable, and to contract, and shall, by the
said name, sue or be sued.
21. Composition of Authority.— The Authority
shall consist of a Chairperson and not less than
two whole time Members to be appointed by
the appropriate Government.
22. Qualifications of Chairperson and
Members of Authority.— The Chairperson and
other Members of the Authority shall be
appointed by the appropriate Government
on the recommendations of a Selection
Committee consisting of the Chief Justice of
the High Court or his nominee the Secretary of
the Department dealing with Housing and the
Law Secretary in such manner as may be
prescribed, from amongst persons having
adequate knowledge of and professional
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experience of at-least twenty years in case of
the Chairperson and fifteen years in the case
of the Members in urban development, housing,
real estate development, infrastructure,
economics, technical experts from relevant
fields, planning, law, commerce, accountancy,
industry, management, social service, public
affairs or administration:
Provided that a person who is, or has been,
in the service of the State Government shall
not be appointed as a Chairperson unless such
person has held the post of Additional
Secretary to the Central Government or any
equivalent post in the Central Government or
State Government:
Provided further that a person who is, or has
been, in the service of the State Government
shall not be appointed as a member unless
such person has held the post of Secretary
to the State Government or any equivalent
post in the State Government or Central
Government.
23. Term of office of Chairperson and
Member.— (1) The Chairperson and Members
shall hold office for a term not exceeding five
years from the date on which they enter upon
their office, or until they attain the age of
sixty-five years, whichever is earlier and shall
not be eligible for re-appointment.
(2) Before appointing any person as a
Chairperson or Member, the appropriate
Government shall satisfy itself that the person
does not have any such financial or other
interest as is likely to affect prejudicially his
functions as such Member.
24. Salary and allowances payable to
Chairperson and Members.— (1) The salary and
allowances payable to, and the other terms and
conditions of service of, the Chairperson and
other Members shall be such as may be
prescribed and shall not be varied to their
disadvantage during their tenure.
(2) Notwithstanding anything contained in
sub-sections (1) and (2) of section 23, the
Chairperson or a Member, as the case may
be, may,—
(a) relinquish his office by giving in
writing, to the appropriate Government,
notice of not less than three months; or
(b) be removed from his office in
accordance with the provisions of section
26 of this Act.
(3) Any vacancy caused to the office of the
Chairperson or any other Member shall be
filled-up within a period of three months from
the date on which such vacancy occurs.
25. Administrative powers of Chairperson.—
The Chairperson shall have powers of general
superintendence and directions in the conduct
of the affairs of Authority and he shall, in
addition to presiding over the meetings of
the Authority, exercise and discharge such
administrative powers and functions of the
Authority as may be prescribed.
26. Removal of Chairperson and Members
from office in certain circumstances.— (1) The
appropriate Government may, in accordance
with the procedure notified, remove from
office the Chairperson or other Members, if
the Chairperson or such other Member, as
the case may be,—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence,
involving moral turpitude; or
(c) has become physically or mentally
incapable of acting as a Member; or
(d) has acquired such financial or other
interest as is likely to affect prejudicially
his functions; or
(e) has so abused his position as to render
his continuance in office prejudicial to the
public interest.
(2) The Chairperson or Member shall not be
removed from his office on the ground specified
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under clause (d) or clause (e) of sub-section (1)
except by an order made by the appropriate
Government after an inquiry made by a Judge
of the High Court in which such Chairperson
or Member has been informed of the charges
against him and given a reasonable
opportunity of being heard in respect of those
charges.
27. Restrictions on Chairperson or Members
on employment after cessation of office.—
(1) The Chairperson or a Member, ceasing
to hold office as such, shall not—
(a) accept any employment in, or
connected with, the management or
administration of, any person or organisation
which has been associated with any work
under this Act, from the date on which he
ceases to hold office:
Provided that nothing contained
in this clause shall apply to
any employment under the
appropriate Government or a local
authority or in any statutory
authority or any corporation
established by or under any
Central, State or provincial Act
or a Government Company, as
defined under clause (45) of
section 2 of the Companies Act,
2013, 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.
28. Officers and other employees of
Authority.— (1) The appropriate Government
may, in consultation with the Authority appoint
such officers and employees as it considers
necessary for the efficient discharge of their
functions under this Act who would discharge
their functions under the general superinten-
dence of the Chairperson.
(2) The salary and allowances payable to,
and the other terms and conditions of service
of, the officers and of the employees of
the Authority appointed under sub-section (1)
shall be such as may be prescribed.
29. Meetings of Authority.— (1) The Authority
shall meet at such places and times, and shall
follow such rules of procedure in regard to the
transaction of business at its meetings,
(including quorum at such meetings), as may
be specified by the regulations made by the
Authority.
(2) If the Chairperson for any reason, is
unable to attend a meeting of the Authority,
any other Member chosen by the Members
present amongst themselves at the meeting,
shall preside at the meeting.
(3) All questions which come up before any
meeting of the Authority shall be decided by a
majority of votes by the Members present and
voting, and in the event of an equality of votes,
the Chairperson or in his absence, the person
presiding shall have a second or casting vote.
(4) The questions which come up before the
Authority shall be dealt with as expeditiously
as possible and the Authority shall dispose of
18 of 2013.
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the same within a period of sixty days from the
date of receipt of the application:
Provided that where any such application
could not be disposed of within the said period
of sixty days, the Authority shall record its
reasons in writing for not disposing of the
application within that period.
30. Vacancies etc. not to invalidate proceeding
of Authority.— No act or proceeding of the
Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the
constitution of, the Authority; or
(b) any defect in the appointment of a
person acting as a Member of the Authority;
or
(c) any irregularity in the procedure of the
Authority not affecting the merits of the
case.
31. Filing of complaints with the Authority or
the adjudicating officer.— (1) Any aggrieved
person may file a complaint with the Authority
or the adjudicating officer, as the case may be,
for any violation or contravention of the
provisions of this Act or the rules and
regulations made thereunder against any
promoter allottee or real estate agent, as the
case may be.
Explanation.— For the purpose of this sub-
-section “person” shall include the association
of allottees or any voluntary consumer
association registered under any law for the
time being in force.
(2) The form, manner and fees for filing
complaint under sub-section (1) shall be such
as may be specified by regulations.
32. Functions of Authority for promotion of real
estate sector.— The Authority shall in order to
facilitate the growth and promotion of a
healthy, transparent, efficient and competitive
real estate sector make recommendations to
the appropriate Government of the competent
authority, as the case may be, on,—
(a) protection of interest of the allottees,
promoter and real estate agent;
(b) creation of a single window system
for ensuring time bound project approvals
and clearances for timely completion of
the project;
(c) creation of a transparent and robust
grievance redressal mechanism against
acts of 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;
(e) 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
development
including
grading
of
promoters;
(g) measures to facilitate amicable
conciliation of disputes between the
promoters and the allottees through dispute
settlement forums set up by the consumer
or promoter associations;
(h) measures to facilitate digitization
of land records and system towards
conclusive property titles with title
guarantee;
(i) to render advice to the appropriate
Government in matters relating to the
development of real estate sector;
(j) any other issue that the Authority may
think necessary for the promotion of the
real estate sector.
33. Advocacy and awareness measures.—
(1) The appropriate Government may, while
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formulating a policy on real estate sector
(including review of laws related to real estate
sector) or any other matter, make a reference
to the Authority for its opinion on possible
effect, of such policy or law on real estate
sector and on the receipt of such a reference,
the Authority shall within a period of sixty days
of making such reference, give its opinion to
the appropriate Government which may
thereafter take further action as it deems fit.
(2) The opinion given by the Authority under
sub-section (1) shall not be binding upon the
appropriate Government in formulating such
policy or laws.
(3) The Authority shall take suitable
measures for the promotion of advocacy,
creating awareness and imparting training
about laws relating to real estate sector and
policies.
34. Functions of Authority.— The functions
of the Authority shall include—
(a) to register and regulate real estate
projects and real estate agents registered
under this Act;
(b) to publish and maintain a website of
records, for public viewing, of all real estate
projects for which registration has been
given, with such details as may be
prescribed, including information provided
in the application for which registration
has been granted;
(c) to maintain a database, on its website,
for public viewing, and enter the names and
photographs of promoters as defaulters
including the project details, registration for
which has been revoked or have been
penalised under this Act, with reasons
therefor, for access to the general public;
(d) to maintain a database, on its website,
for public viewing, and enter the names and
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. 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, by order in writing and recording reasons
therefor call upon any promoter or allottee or
real estate agent, as the case may be, at any
time to furnish in writing such information or
explanation relating to its affairs as the
Authority may require and appoint one or
more persons to make an inquiry in relation to
the affairs of any promoter or allottee or the
real estate agent, as the case may be.
(2) Notwithstanding anything
contained in any other law for the
time being in force, while exercising
the powers under sub-section (1), the
Authority shall have the same
powers as are vested in a civil court
under the Code of Civil Procedure,
1908 while trying a suit, in respect
of the following matters, namely:—
(i) the discovery and production of books
of account and other documents, at such
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place and at such time as may be specified
by the Authority;
(ii) summoning and enforcing the
‘attendance of persons and examining them
on oath;
(iii) issuing commissions for the
examination of witnesses or documents;
(iv) any other matter which may be
perscribed.
36. Power to issue interim orders.— Where
during an inquiry, the Authority is satisfied that
an act in contravention of this Act, or the rules
and regulations made thereunder, has been
committed and continues to be committed or
that such act is about to be committed, the
Authority may, by order, restrain any promoter,
allottee or real estate agent from carrying on
such act until the conclusion of such inquiry of
until further orders, without giving notice to
such party, where the Authority deems it
necessary.
37. Powers of Authority to issue directions.—
The Authority may, for the purpose of
discharging its functions under the provisions
of this Act or rules or regulations made
thereunder, issue such directions from time to
time, to the promoters or allottees or real estate
agents, as the case may be, as it may consider
necessary and such directions shall be binding
on all concerned.
38. Powers of Authority.— (1) The Authority
shall have powers to impose penalty or
interest, in regard to any contravention of
obligations cast upon the promoters, the
allottees and the real estate agents, under this
Act or the rules and the regulations made
thereunder.
(2) The Authority shall be guided by the
principles of natural justice and, subject to the
other provisions of this Act and the rules made
thereunder, the Authority shall have powers
to regulate its own procedure.
(3) Where an issue is raised relating to
agreement, action, omission, practice or
procedure that—
(a) has an appreciable prevention,
restriction or distortion of competition in
connection with the development of a real
estate project; or
(b) has effect of market power of
monopoly situation being abused for
affecting interest of allottees adversely,
then the Authority, may suo motu, make
reference in respect of such issue to the
Competition Commission of India.
39. Rectification of orders.— The Authority
may, at any time within a period of two years
from the date of the order made under this Act,
with a view to rectifying any mistake apparent
from the record, amend any order passed by
it, and shall make such amendment, if the
mistake is brought to its notice by the parties:
Provided that no such amendment shall be
made in respect of any order against which
an appeal has been preferred under this Act:
Provided further that the Authority shall not,
while rectifying any mistake apparent from
record, amend substantive part of its order
passed under the provisions of this Act.
40. Recovery of interest or penalty or
compensation and enforcement of order, etc.—
(1) If a promoter or an allottee or a real estate
agent, as the case may be, fails to pay any
interest or penalty or compensation imposed
on him, by the adjudicating officer or the
Regulatory Authority or the Appellate
Authority, as the case may be, under this Act
or the rules and regualtions made thereunder,
it shall be recoverable from such promoter or
allottee or real estate agent, in such manner
as may be prescribed as an arrears of land
revenue.
(2) If any adjudicating officer or the
Regulatory Authority or the Appellate Tribunal,
as the case may be, issues any order or directs
any person to do any act, or refrain from doing
any act, which it is empowered to do under
this Act or the rules or regulations made
thereunder, then in case of failure by any
person to comply with such order or direction,
the same shall be enforced, in such manner as
may be prescribed.
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CHAPTER VI
Central Advisory Council
41. Establishment of Central Advisory
Council.— (1) The Central Government may,
by notification, establish with effect from
such date as it may specify in such notification,
a Council to be known as the Central Advisory
Council.
(2) The Minister to the Government of India
in charge of the Ministry of the Central
Government dealing with Housing shall be
the ex officio Chairperson of the Central
Advisory Council.
(3) The Central Advisory Council shall
consist of representatives of the Ministry of
Finance, Ministry of Industry and Commerce,
Ministry of Urban Development, Ministry of
Consumer Affairs, 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-governmental organisations
and academic and research bodies in the real
estate sector.
42. Functions of Central Advisory Council.—
(1) The functions of the Central Advisory
Council shall be to advise and recommend
the Central Government,—
(a) on all matters concerning the
implementation of this Act;
(b) on major questions of policy;
(c) towards protection of consumer
interest;
(d) to foster the growth and development
of the real estate sector;
(e) on any other matter as may be
assigned to it by the Central Government.
(2) The Central Government may specify the
rules to give effect to the recommendations of
the Central Advisory Council on matters as
provided under sub-section (1).
CHAPTER VII
The Real Estate Appellate Tribunal
43. Establishment of Real Estate Appellate
Tribunal.— (1) The appropriate Government
shall, within a period of one year from the date
of coming into force of this Act, by notification,
establish an Appellate Tribunal to be known
as the— (name of the State/Union territory)
Real Estate Appellate Tribunal.
(2) The appropriate Government may, if it
deems necessary, establish one or more
benches of the Appellate Tribunal, for various
jurisdictions, in the State or Union territory, as
the case may be.
(3) Every bench of the Appellate Tribunal
shall consist of at least one Judicial Member
and one Administrative to Technical Member.
(4) The appropriate Government of two
or more States or Union territories may, if it
deems fit, establish one single Appellate
Tribunal:
Provided that, until the establishment of an
Appellate Tribunal under this section, the
appropriate Government shall designate, by
order, any Appellate Tribunal Functioning
under any law for the time being in force, to
be the Appellate Tribunal to hear appeals
under the Act:
Provided further that after the Appellate
Tribunal under this section is established, all
matters pending with the Appellate Tribunal
designated to hear appeals, shall stand
transferred to the Appellate Tribunal so
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established and shall be heard from the stage
such appeal is transferred.
(5) Any person aggrieved by any direction
or decision or order made by the Authority or
by an adjudicating officer under this Act may
prefer an appeal before the Appellate Tribunal
having jurisdiction over the matter:
Provided that where a promoter files an
appeal with the Appellate Tribunal, it shall not
be entertained, without the prmoter first
having deposited with the Appellate Tribunal
atleast thirty per cent. of the penalty, or such
higher percentage as may be determined by
the Appellate Tribunal, or the total amount to
be paid to the allottee including interest and
compensation imposed on him, if any, or with
both, as the case may be, before the said
appeal is heard.
Explanation.— For the purpose of this sub-
-section “person” shall include the association
of allottees or any voluntary consumer
association registered under any law for the
time being in force.
44. Application for settlement of disputes
and appeals to Appellate Tribunal.— (1) The
appropriate Government or the competent
authority or any person aggrieved by any
direction or order or decision of the Authority
or the adjudicating officer may prefer an appeal
to the Appellate Tribunal.
(2) Every appeal made under sub-section (1)
shall be preferred within a period of sixty days
from the date on which a copy of the direction
or order or decision made by the Authority or
the adjudicating officer is received by the
appropriate Government or the competent
authority or the aggrieved person and it
shall be in such form and accompanied by
such fee, as may be prescribed:
Provided that the Appellate Tribunal may
entertain any appeal after the expiry of sixty
days if it is satisfied that there was sufficient
cause for not filling it within that period.
(3) On receipt of an appeal under sub-
-section (1), the Appellate Tribunal may after
giving the parties an opportunity of being
heard, pass such orders, including interim
orders, as it thinks fit.
(4) The Appellate Tribunal shall send a copy
of every order made by it to the parties and
to the Authority or the adjudicating officer, as
the case may be.
(5) The appeal preferred under sub-section
(1), shall be dealt with by it as expeditiously
as possible and endeavour shall be made by
it to dispose of the appeal within a period of
sixty days from the date of receipt of appeal:
Provided that where any such appeal could
not be disposed of within the said period of
sixty days, the Appellate Tribunal shall record
its reasons in writing for not disposing of the
appeal within that period.
(6) The Appellate Tribunal may, for the
purpose of examining the legality or propriety
or correctness of any order or decision of
the Authority or the adjudicating officer, on
its own motion or otherwise, call for the
records relevant to deposing of such appeal
and make such orders as it thinks fit.
45. Composition of Appellate Tribunal.— The
Appellate Tribunal shall consist of a
Chairperson and not less than two whole time
Members of which one shall be a Judicial
member and other shall be a Technical or
Administrative Member, to be appointed by
the appropriate Government.
Explanation.— For the purposes of this
Chapter,—
(i) “Judicial Member” means a Member
of the Appellate Tribunal appointed as
such under clause (b) of sub-section (1) of
section 46;
(ii) “Technical or Administrative Member”
means a Member of the Appellate Tribunal
appointed as such under clause (c) of sub-
-section (1) of section 46.
46. Qualification for appointment of
Chairperson and Members.— (1) A person shall
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not be qualified for appointment as the
Chairperson or a Member of the Appellate
Tribunal unless he,—
(a) in the case of Chairperson, is or has
been a Judge of a High Court; and
(b) in the case of a Judicial Member he
has held a judicial office in the territory of
India for at least fifteen years or has been a
member of the Indian Legal Service and has
held the post of Additional Secretary of
that service or any equivalent post, or has
been an advocate for at least twenty
years with experience in dealing with real
estate matters; and
(c) in the case of a Technical or
Administrative Member, he is a person
who is well-versed in the field of urban
development,
housing,
real
estate
development, infrastructure, economics,
planning, law, commerce, accountancy,
industry, management, public affairs or
administration and possesses experience of
at least twenty years in the field or who has
held the post in the Central Government, or
a State Government equivalent to the post
of Additional Secretary to the Government
of India or an equivalent post in the Central
Government or an equivalent post in the
State Government.
(2) The Chairperson of the Appellate
Tribunal shall be appointed by the
appropriate Government in consultation
with the Chief Justice of High Court or his
nominee.
(3) The judicial Members and Technical or
Administrative Members of the Appellate
Tribunal shall be appointed by the appropriate
Government on the recommendations of a
Selection Committee consisting of the Chief
Justice of the High Court or his nominee, the
Secretary of the Department handling Housing
and the Law Secretary and in such manner
as may be prescribed.
47. Term of office of Chairperson and
Members.— (1) The Chairperson of the
Appellate Tribunal or a Member of the
Appellate Tribunal shall hold office, as such
for a term not exceeding five years from the
date on which he enters upon his office, but
shall not be eligible for re-appointment:
Provided that in case a person, who is or
has been a Judge of a High Court, has been
appointed as Chairperson of the Tribunal, he
shall not hold office after he has attained the
age of sixty-seven years:
Provided further that no Judicial Member
or Technical or Administrative Member shall
hold office after he has attained the age of
sixty-five years.
(2) Before appointing any person as
Chairperson or Member, the appropriate
Government shall satisfy itself that the person
does not have any such financial or other
interest, as is likely to affect prejudicially his
functions as such member.
48. Salary and allowances payable to
Chairperson and Members.— (1) The salary and
allowances payable to, and the other terms and
conditions of service of, the Chairperson and
other Members shall be such as may be
prescribed and shall not be varied to their
disadvantage during their tenure.
(2) Notwithstanding anything contained
in sub-sections (1) and (2) of section 47, the
Chairperson or a Member, as the case may
be, may:—
(a) relinquish his office by giving in writing
to the appropriate Government a notice of
not less than three months;
(b) be removed from his office in
accordance with the provisions of
section 49.
(3) A vacancy caused to the office of the
Chairperson or any other Member, as the case
may be, shall be filled-up within a period of
three months from the date on which such
vacancy occurs.
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49. Removal of Chairperson and Member from
office in certain circumstances.— (1) The
appropriate Government may, in consultation
with the Chief Justice of the High Court, remove
from office of the Chairperson or any judicial
Member or Technical or Administrative
Member of the Appellate Tribunal, who—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence
which, in the opinion of the appropriate
Government involves moral turpitude;
or
(c) has become physically or mentally
incapable; or
(d) has acquired such financial or other
interest as is likely to affect prejudicially
his functions; or
(e) has so abused his position as to render
his continuance in office prejudicial to the
public interest.
(2) The Chairperson or Judicial member or
Technical or Administrative Member shall not
be removed from his office except by an order
made by the appropriate Government after an
inquiry made by the Judge of the High Court
in which such Chairperson or Judicial member
or Technical or Administrative Member has
been informed of the charges against him
and given a reasonable opportunity of
being heard in respect of those charges.
(3) The appropriate Government may
suspend from the office of the Chairperson or
Judicial member or Technical or Adminis-
-trative Member in respect of whom a reference
of conducting an inquiry has been made to the
Judge of the High Court under sub-section (2),
until the appropriate Government passes
an order on receipt of the report of inquiry
made by the Judge of the High Court on
such reference.
(4) The appropriate Government may, by
rules, regulate the procedure for inquiry
referred to in sub-section (2).
50. Restrictions on Chairperson or Judicial
Member or Technical or Administrative Member
on employment after cessation of office.—
(1) The Chairperson or Judicial Member or
Technical or Administrative Member, ceasing
to hold office as such shall not:—
(a) Accept any employment in, or
connected with, the management or
administration of, any person or organisation
which has been associated with any work
under this Act, from the date on which he
ceases to hold office:
Provided that nothing contained
in this clause shall apply to
any employment under the
appropriate Government or a local
authority or in any statutory
authority or any corporation
established by or under any
Central, State 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;
(b) act, for or on behalf of any person or
organisation in connection with any specific
proceeding or transaction or negotiation or
a case to which the Authority is a party and
with respect to which the Chairperson
or Judicial Member or Technical or
Administrative Member had, before
cessation of office, acted for or provided
advice to, the Authority;
(c) give advice to any person using
information which was obtained in his
capacity as the Chairperson or Judicial
Member or Technical or Administrative
Member and being unavailable to or not
being able to be made available to the public;
(d) enter into a 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.
18 of 2013.
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(2) The Chairperson or Judicial Member or
Technical or Administrative Member shall not
communicate or reveal to any person any
matter which has been brought under his
consideration or known to him while acting
as such.
51. Officers and other employees of Appellate
Tribunal.— (1) The appropriate Government
shall provide the Appellate Tribunal with such
officers and employees as it may deem fit.
(2) The officers and employees of the
Appellate Tribunal shall discharge their
functions under the general superintendence
of its Chairperson.
(3) The salary and allowances payable to,
and the other terms and conditions of service
of, the officers and employees of the Appellate
Tribunal shall be such as may be prescribed.
52. Vacancies.— If, for reason other than
temporary absence, any vacancy occurs in
the office of the Chairperson or a Member
of the Appellate Tribunal, the appropriate
Government shall appoint another person in
accordance with the provisions of this Act to
fill the vacancy and the proceedings may be
continued before the Appellae Tribunal from
the stage at which the vacancy is filled.
53. Powers of Tribunal.— (1) The
Appellate Tribunal shall not be bound
by the procedure laid down by the
Code of Civil Procedure, 1908 but
shall be guided by the principles of
natural justice.
(2) Subject to the provisions of this Act, the
Appellate Tribunal shall have power to regulate
its own procedure.
(3) The Appellate Tribunal shall
also not be bound by the rules of
evidence contained in the Indian
Evidence Act, 1872.
(4) The Appellate Tribunal shall
have, for the purpose of discharging
its functions under this Act, the same
powers as are vested in a civil court
under the Code of Civil Procedure,
1908 in respect of the following
matters, namely:—
(a) summoning and enforcing the
attendance of any person and examining
him on oath;
(b) requiring the discovery and
production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the
examinations of witnesses or documents;
(e) reviewing its decisions;
(j) dismissing an application for default
or directing it ex parte; and
(g) any other matter which may be
prescribed.
(5) All proceedings before the
Appellate Tribunal shall be deemed
to be judicial proceedings within the
meaning of sections 193, 219 and 228
for the purposes of section 196 of
the Indian Penal Code, and the
Appellate Tribunal shall be deemed
to be civil court for the purposes of
section 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973.
54. Administrative powers of Chairperson
of Appellate Tribunal.— The Chairperson shall
have powers of general superintendence and
direction in the conduct of the affairs of
Appellate Tribunal and he shall, in addition to
presiding over the meetings of the Appellate
Tribunal exercise and discharge such
administrative powers and functions of the
Appellate Tribunal as may be prescribed.
55. Vacancies etc. not to invalidate proceeding
of Appellate Tribunal.— No act or proceeding
of the Appellate Tribunal shall be invalid merely
by reason of—
(a) any vacancy in, or any defect in the
constitution of, the Appellate Tribunal, or
5 of 1908.
45 of 1860.
2 of 1974.
5 of 1908.
1 of 1872.
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(b) any defect in the appointment of a
person acting as a Member of the Appellate
Tribunal; or
(c) Any irregularity in the procedure of
the Appellate Tribunal not affecting the
merits of the case.
56. Right to legal representation.— The
applicant or appellant may either appear in
person or authorise one or more chartered
accountants or company secretaries or cost
accountants or legal practitioners or any of its
officers to present his or its case before the
Appellate Tribunal or the Regulatory Authority
or the adjudicating officer, as the case may be.
Explanation.— For the purposes of this
section,—
(a) “chartered accountant”
means a chartered accountant as
defined in clause (b) of sub-
-section (1) of section 2 of the
Chartered Accountants Act, 1949
or any other law for the time being
in force and who has obtained a
certificate of practice under
sub-section (1) of section 6 of that
Act;
(b) “company secretary” means
a company secretary as defined
in clause (c) of sub-section (1) of
section 2 of the Company
Secretaries Act, 1980 or any other
law for the time being in force and
who has obtained a certificate of
practice under sub-section (1) of
section 6 of that Act;
(c) “cost accountant” means a
cost accountant as defined in
clause (b) of sub-section (1) of
section 2 of the Cost and Works
Accountants Act, 1959 or any
other law for the time being in
force and who has obtained a
certificate of practice under
sub-section (1) of section 6 of that
Act;
(d) “legal practitioner” means an
advocate, vakil or an attorney of any High
Court, and includes a pleader in practice.
57. Orders passed by Appellate Tribunal to
be executable as a decree.— (1) Every order
made by the Appellate Tribunal under this Act
shall be executable by the Appellate Tribunal
as a decree of civil court, and for this purpose,
the Appellate Tribunal shall have all the
powers of a civil court.
(2) Notwithstanding anything contained in
sub-section (1), the Appellate Tribunal may
transmit any order made by it to a civil court
having local jurisdiction and such civil court
shall execute the order as if it were a decree
made by the court.
58. Appeal to High Court.— (1) Any
person aggrieved by any decision or
order of the Appellate Tribunal, may,
file an appeal to the High Court,
within a period of sixty days from
the date of communication of the
decision or order of the Appellate
Tribunal, to him, on any one or more
of the grounds specified in section
100 of the Code of Civil Procedure,
1908:
Provided that the High Court may entertain
the appeal after the expiry of the said period
of sixty days, if it is satisfied that the appellant
was prevented by sufficient cause from
preferring the appeal in time.
Explanation.— The expression “High Court”
means the High Court of a State or Union
territory where the real estate project is
situated.
(2) No appeal shall lie against any decision
or order made by the Appellate Tribunal with
the consent of the parties.
CHAPTER VIII
Offences, Penalties and Adjudication
59. Punishment for non-registration under
section 3.— (1) If any promoter contravenes the
provisions of section 3, he shall be liable to a
38 of 1949.
56 of 1980.
23 of 1959.
5 of 1908.
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penalty which may extend up to ten per cent.
of the estimated cost of the real estate project
as determined by the Authority.
(2) If any promoter does not comply with the
orders, decisions or directions issued under
sub-section (1) or continues to violate the
provisions of section 3, he shall be punishable
with imprisonment for a term which may
extend up to three years or with fine which
may extend up to a further ten per cent. of the
estimated cost of the real estate project, or
with both.
60. Penalty for contravention of section 4.— If
any promoter provides false information or
contravenes the provisions of section 4, he
shall be liable to a penalty which may extend
up to five per cent of the estimated cost of the
real estate project, as determined by the
Authority.
61. Penalty for contravention of other
provisions of this Act.— If any promoter
contravenes any other provisions of this Act,
other than that provided under section 3 or
section 4, or the rules or regulations made
thereunder, he shall be liable to a penalty
which may extend up to five per cent. of the
estimated cost of the real estate project as
determined by the Authority.
62. Penalty for 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 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. Penalty for failure to comply with orders
of Authority by promoter.— If any promoter, who
fails to comply with, or contravenes any of the
orders or directions of the Authority, he shall
be liable to a penalty for every day during
which such default continues, which may
cumulatively extend up to five per cent., of the
estimated cost of the real estate project as
determined by the Authority.
64. Penalty for failure to comply with orders
of Appellate Tribunal by promoter.— If any
promoter, who fails to comply with, or
contravenes any of the orders, decisions or
directions of the 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
real estate project, or with both.
65. Penalty for failure to comply with orders
of Authority by real estate agent.— If any real
estate agent, who fails to comply with, or
contravenes any of the orders or directions of
the Authority, he shall be liable to a penalty
for every day during which such default
continues, which may cumulatively extend up
to five per cent., of the estimated cost of plot,
apartment or building, as the case may be,
of the real estate project, for which the sale
or purchase has been facilitated and as
determined by the Authority.
66. Penalty for failure to comply with orders
of Appellate Tribunal by real estate agent.— If
any real estate agent, who fails to comply with,
or contravenes any of the orders, decisions or
directions of the Appellate Tribunal, he shall
be punishable with imprisonment for a term
which may extend up to one year or with fine
for every day during which such default
continues, which may cumulatively extend up
to ten per cent. of the estimated cost of plot,
apartment or building, as the case may be, of
the real estate project, for which the sale or
purchase has been facilitated, or with both.
67. Penalty for failure to comply with orders
of Authority by allottee.— If any allottee, who
fails to comply with, or contravenes any of the
orders, decisions or directions of the Authority
he shall be liable to a penalty for the period
during which such default continues, which
may cumulatively extend up to five per cent. of
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the plot, apartment or building cost, as the
case may be, as determined by the Authority.
68. Penalty for failure to comply with orders
of Appellate Tribunal by allottee.— If any
allottee, who fails to comply with, or
contravenes any of the orders or directions of
the Applellate Tribunal, as the case may be,
he shall be punishable with imprisonment for
a term which may extend up to one year or
with fine for every day during which such
default continues, which may cumulatively
extend up to ten per cent. of the plot,
apartment or building cost, as the case may
be, or with both.
69. Offences by companies.— (1) Where an
Offence under this Act has been committed by
a company, every person who, at the time, the
offence was committed was in charge of, or
was responsible to the company for the conduct
of, the business of the company, as well as the
company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub-
-section, shall render any such person liable
to any punishment under this Act if he proves
that the offence was committed without his
knowledge or that he had exercised all due
diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this
Act has been committed by a company, and it
is proved that the offence has been committed
with the consent or connivance of, or is
attributable to, any neglect on the part of any
director, manager, secretary or other officer of
the company, such director, manager, secretary
or other officer shall also be deemed to be guilty
of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.— For the purpose of this
section,—
(a) “company” means any body corporate
and includes a firm, or other association of
individuals; and
(b) “director” in releation to a firm, means
a partner in the firm.
70. Compounding of offences.—
Notwithstanding anything contained
in the Code of Crimnal Procedure,
1973, if any person is punished with
imprisonment under this Act, the
punishment may, either before
or after the institution of the
prosecution, be compounded by the
court on such terms and conditions
and on payment of such sums as may
be prescribed:
Provided that the sum prescribed shall not,
in any case, exceed the maximum amount of
the fine which may be imposed for the offence
so compounded.
71. Power to adjudicate.— (1) For the
purpose of adjudging compensation under
sections 12, 14, 18 and section 19, the Authority
shall appoint in consultation with the
appropriate Government one or more judicial
officer as deemed necessary, who is or has
been a District Judge to be an adjudicating
officer for holding an inquiry in the prescribed
manner, after giving any person concerned
a reasonable opportunity of being heard:
Provided that any person whose
complaint in respect of matters
covered under sections 12, 14, 18 and
section 19 is pending before the
Consumer Disputes Redressal Forum
or the Consumer Disputes Redressal
Commission
or
the
National
Consumer Redressal Commission,
established under section 9 of the
Consumer Protection Act, 1986, on
or before the commencement of this
Act, he may, with the permission
of such Forum or Commission, as
the case may be, withdraw the
complaint pending before it and
file an application before the
adjudicating officer under this Act.
(2) The application for adjudging
compensation under sub-section (1), shall be
2 of 1974.
68 of 1986.
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dealt with by the adjudicating officer as
expeditiously as possible and dispose of the
same within a period of sixty days from the
date of receipt of the application:
Provided that where any such application
could not be disposed of within the said period
of sixty days, the adjudicating officer shall
record his reasons in writing for not disposing
of the application within that period.
(3) While holding an inquiry the adjudicating
officer shall have power to summon and enforce
the attendance of any person acquainted with
the facts and circumstances of the case to give
evidence or to produce any document which
in the opinion of the adjudicating officer, may
be useful for or relevant to the subject matter
of the inquiry and if, on such inquiry, he is
satisfied that the person has failed to comply
with the provisions of any of the sections
specified in sub-section (1), he may direct to
pay such compensation or interest, as the case
any be, as he thinks fit in accordance with the
provisions of any of those sections.
72. Factors to be taken into account by
the adjudicating officer.— While adjudging
the quantum of compensation or interest, as
the case may be, under section 71, the
adjudicating officer shall have due regard to
the following factors, namely:—
(a) the amount of disproportionate gain
or unfair advantage, wherever quantifiable,
made as a result of the default;
(b) the amount of loss caused as a result
of the default;
(c) the repetitive nature of the default;
(d) such other factors which the
adjudicating officer considers necessary to
the case in furtherance of justice.
CHAPTER IX
Finance, Accounts, Audits and Reports
73.
Grants and loans by Central
Government.— The Central Government may,
after due appropriation made by Parliament in
this behalf, make to the Authority grants
and loans of such sums of money as that
Government may consider necessary.
74. Grants and loans by State Government.—
The State Government may, after due
appropriation made by State Legislature by
law in this behalf, make to the Authority,
grants and loans of such sums of money as
the State Government may think fit for
being utilised for the purposes of this Act.
75. Constitution of Fund.— (1) The
appropriate Government shall constitute a
fund to be called the ‘Real Estate Regulatory
Fund’ and there shall be credited thereto,—
(a) all Government grants received by
the Authority;
(b) the fees received under this Act;
(c) the interest accrued on the amounts
referred to in clauses (a) to (b).
(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 of the Authority and the
Appellate Tribunal;
(b) the other expenses of the Authority
in connection with the discharge of its
functions and for the 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 Fund
for carrying out the objects for which the Fund
has been constituted.
76. Crediting sums realised by way of
penalties to Consolidated Fund of India of State
account.— (1) All sums realised, by way of
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penalties, imposed by the Appellate Tribunal
or the Authority, in the Union terriroties, shall
be credited to the Consolidated Fund of India.
(2) All sums realised, by way of penalties,
imposed by the Applellate Tribunal or the
Authority, in a State, shall be credited to such
account as the State Government may specify.
77. Budget accounts and audit.— (1) The
Authority shall prepare a budget, maintain
proper accounts and other relevant records and
prepare an annual statement of accounts in
such form as may be prescribed by the
appropriate Government in consultation with
the Comptroller and Auditor-General of India.
(2) The accounts of the Authority shall be
audited by the Comptroller and Auditor-
-General of India at such intervals as may be
specified by him and any expenditure incurred
in connection with such audit shall be payable
by the Authority to the Comptroller and
Auditor-General of India.
(3) The Comptroller and Auditor-General
and any person appointed by him in connection
with the audit of the accounts of the Authority
under this Act shall have the same rights and
privileges and authority in connection with
such audit as the Comptroller and Auditor-
-General generally has in connection with the
audit of Government accounts and, in
particular shall have the right to demand and
production of books, accounts, connected
vouchers and other documents and papers, and
to inspect any of the offices of the Authority.
(4) The accounts of the Authority, as
certified by the Comprtoller and Auditor-
-General of India or any other person
appointed by him in this behalf, together with
the audit report thereon shall be forwarded
annually to the appropriate Government by the
Authority and the appropriate Government
shall cause the audit report to be laid, as soon
as may be after it is received, before each
House of Parliament or, as the case may be,
before the State Legislature or the Union
territory Legislature, where it consists of two
Houses, or where such legislature consists of
one House, before the House.
78. Annual report.— (1) The Authority shall
prepare once in every year, in such form and
at such time as may be prescribed by the
appropriate Government,—
(a) a description of all the activities of
the Authority for the previous year;
(b) the annual accounts for the previous
year; and
(c) the programmes of work for the
coming year.
(2) A copy of the report received under sub-
-section (1) shall be laid, as soon as may be
after it is received, before each House of
Parliament or, as the case may be, before the
State Legislature or the Union Territory
Legislature, where it consists of two Houses,
or where such legislature consists of one
House, before that House.
CHAPTER X
Miscellaneous
79. Bar of jurisdiction.— No civil court shall
have jurisdiction to entertain any suit or
proceeding in respect of any matter which the
Authority or the adjudicating officer or the
Appellate Tribunal is empowered by or under
this Act to determine and no injunction shall
be granted by any court or other authority in
respect of any action taken or to be taken in
pursuance of any power conferred by or
under this Act.
80. Cognizance of offences.— (1) No court
shall take cognizance of any offence punishable
under this Act or the rules or regulations made
thereunder save on a complaint in writing
made by the Authority or by any officer of the
Authority duly authorised by it for this purpose.
(2) No court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first
class shall try any offence punishable under
this Act.
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81. Delegation.— The Authority may, by
general or special order in writing, delegate
to any member, officer of the Authority or any
other person subject to such conditions, if any,
as may be specified in the order, such of its
powers and functions under this Act (except
the power to make regulations under section
85, as it may deem necessary.
82. Power of appropriate Government to
supersede Authority.— (1) If, at any time, the
appropriate Government is of the opinion,—
(a) that, on account of circumstances
beyond the control of the Authority, it is
unable to discharge the functions or perform
the duties imposed on it by or under the
provisions of this Act; or
(b) that the Authority has persistently
defaulted in complying with any direction
given by the appropriate Government under
this Act or in the discharge of the functions
or performance of the duties imposed on it
by or under the provisions of this Act and as
a result of such default the financial position
of the Authority or the administration of the
Authority has suffered; or
(c) that circumstances exist which render
it necessary in the public interest so to do,
the appropriate Government may, by
notification, supersede the Authority for such
period, not exceeding six months, as may be
specified in the notification and appoint a
person or persons as the President or the
Governor, as the case may be, may direct to
exercise powers and discharge functions
under this Act:
Provided that before issuing any such
notification, the appropriate Government
shall give a reasonable opportunity to the
Authority to make representations against
the proposed supersession and shall
consider the representations, if any, of the
Authority.
(2) Upon the publication of a notification
under sub-section (1) superseding the
Authority,—
(a) the Chairperson and other Members
shall, as from the date of supersession,
vacate their offices as such;
(b) all the powers, functions and duties
which may, by or under the provisions of
this Act, be exercised or discharged by or
on behalf of the Authority shall, until the
Authority is 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 it consists of two Houses, or where
such legislature consists of one House, before
that House.
83. Powers of appropriate Government to
issue directions to Authority and obtain
reports and returns.— (1) Without prejudice
to the foregoing provisions of this Act, the
Authority shall, in exercise of its powers and
in performance of its functions under this
Act, be bound by such directions on
questions of policy, as the appropriate
Government may give in writing to it from
time to time:
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1833
Provided that the Authority shall, as far as
practicable, be given an opportunity to express
its views before any direction is given under
this sub-section.
(2) If any dispute arises between the
appropriate Government and the Authority as
to whether a question is or is not a question
of policy, the decision of the appropriate
Government thereon shall be final.
(3) The Authority shall furnish to the
appropriate Government such returns or other
information with respect to its activities as the
appropriate Government may, from time to
time, require.
84. Power of appropriate Government to
make rules.— (1) The appropriate Government
shall, within a period of six months of the
commencement of this Act, by notification,
make rules for carrying out the provisions of
this Act.
(2) In particular, and without prejudice to
the generality of the foregoing power, such
rules may provide for all or any of the following
matters, namely:—
(a) information 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;
(c) the period, manner and conditions
under which the registration is to be granted
under sub-section (3) of section 9;
(d) the validity of the period of registration
and the manner and fee for renewal under
sub-section (6) of section 9;
(e) the maintenance and preservation of
books of account, records and documents
under clause (b) of section 10:
(f) the discharge of other functions by
the real estate agent under clause (e) of
section 10;
(g) the rate of interest payable under
section 12;
(h) the form and particulars of agreement
for sale under sub-section (2) of section 13;
(i) the rate of interest payable under
clause (b) of sub-section (1) of section 18;
(j) the rate of interest payable under
sub-section (4) of section 19;
(k) the rate of interest payable under
sub-section (7) of section 19;
(l) the manner of selection of Chairperson
and Members of Authority under section 22;
(m) the salaries and allowances payable
to, and the other terms and conditions of
service of, the Chairperson and other
Members of the Authority under sub-
-section (1) of section 24;
(n) the administrative powers of the
Chairpersons under section 25;
(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
performed by the Authority under clause (iv)
of sub-section (2) of section 35;
(r) the manner of recovery of interest,
penalty and compensation under sub-
-section (1) of section 40;
(s) the manner of implementation of
the order, direction or decisions of the
adjudicating officer, the Authority or the
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1834
Appellate Tribunal under sub-section (2) of
section 40;
(t) recommendations received from the
Central Advisory Council under sub-section
(2) of section 42;
(u) the form and manner and fee for
filling of appeal under sub-section (2) of
section 44;
(v) the manner of selection of Members
of the Tribunal under sub-section (3) of
section 46;
(w) the salaries and allowances payable
to, and the other terms and conditions of
service of, the Chairperson and other
Members of the Appellate Tribunal under
sub-section (1) of section 48;
(x) the procedure for inquiry of the charges
against the Chairperson or Judicial Member
of the Tribunal under sub-section (4) of
section 49;
(y) the salaries and allowances payable
to, and the other terms and conditions of
service of, the officers and employees of the
Appellate Tribunal under sub-section (3) of
section 51;
(z) any other powers of the Tribunal under
clause (h) of sub-section (4) of section 53;
(za) the powers of the Chairperson of the
Appellate Tribunal under section 54;
(zb) the terms and conditions and the
payment of such sum for compounding of
the offences under section 70;
(zc) the manner of inquiry under
sub-section (1) of section 71;
(zd) the form to be specified in which the
Authority shall prepare a budget, maintain
proper accounts and other relevant records
and prepare an annual statement of accounts
under sub-section (1) of section 77;
(ze) the form in which and time at which
the Authority shall prepare an annual report
under sub-section (1) of section 78;
(zf) any other matter which is to be, or
may be, prescribed, or in respect of which
provision is to be made, by rules.
85. Power to make regulations.— (1) The
Authority shall, within a period of three months
of its establishment, by notification, make
regulations, consistent with this Act and the
rules made thereunder to carry out the
purposes of this Act.
(2) In particular, and without prejudice to
the generality of the foregoing power, such
regulations may provide for all or any of the
following matters, namely:—
(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;
(c) such other information and documents
required under clause (f) of sub-section (1)
of section 11;
(d) display of sanctioned plans, layout
plans along with specifications, approved by
the competent authority, for display under
clause (a) of sub-section (3) of section 11;
(e) preparation and maintenance of other
details under sub-section (6) of section 11;
(f) time, places and the procedure in
regard to transaction of business at the
meetings of the Authority under sub-section
(1) of section 29;
(g) the form, manner and fees for filing
a complaint under sub-section (2) of
section 31;
(h) standard fees to be levied on the
promoter, the allottees or the real estate
agent under clause (e) of section 34;
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1835
(i) any other matter which is required to
be, or may be specified by regulation or in
respect of which provision is to be made by
regulations.
86. Laying of rules.— (1) Every rule made by
the Central Government, every regulation
made by the Authority under the Union
territory of Delhi and the Union territories
without Legislature and every notification
issued by the Central Government under this
Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while
it is in session, for a total period of thirty days
which may be comprised in one session or in
two or more successive sessions and if, before
the expiry of the session immediately following
the session or the successive sessions,
aforesaid, both Houses agree in making any
modification in the rule 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 of no effect, as the
case may be; so, however, that any such
modification or annulment shall be without
prejudice to the validity of anything previously
done under that rule or regulation or
notification, as the case may be.
(2) Every rule made by a State Government
or the Union territory Government, as the case
may be, every regulation made by the
Authority under the State Government or the
Union territory Government of Puducherry, as
the case may be, and every notification issued
by the State Government or the Union territory
Government of Puducherry, as the case
may be, under this Act, shall be laid as
soon as may be, after it is made, before the
State Legislature, or the Union territory
Legislature, as the case may be, where it
consists of two Houses, or where such
legislature consists of one House, before that
House.
87. Members etc., to be public
servants.—
The
Chairperson,
Members and other officers and
employees of the Authority, and
the Appellate Tribunal and the
adjudicating officer shall be deemed
to be public servants within the
meaning of section 21 of the Indian
Penal Code.
88. Application of other laws not barred.—
The provisions of this Act shall be in addition
to, and not in derogation of, the provisions of
any other law for the time being in force.
89. Act to have overriding effect.— The
provisions of this Act shall have effect,
notwithstanding anything inconsistent
therewith contained in any other law for the
time being in force.
90. Protection of action taken in good faith.—
No suit, prosecution or other legal proceedings
shall lie against the appropriate Government
or the Authority or any officer of the appropriate
Government or any member, officer or other
employees of the Authority for anything which
is in good faith done or intended to be done
under this Act or the rules or regulations made
thereunder.
91. Power to remove difficulties.— (1) If any
difficulty arises in giving effect to the
provisions of this Act, the Central Government
may, by order, published in the Official Gazette,
make such provisions not inconsistent with the
provisions of this Act as may appear to be
necessary for removing the difficulty:
Provided that no order shall be made
under this section after the expiry of two
years from the date of the commencement of
this Act.
(2) Every order made under this section shall
be laid, as soon as may be after it is made,
before each House of Parliament.
92. Repeal.— The Maharashtra
Housing
(Regulation
and
Development) Act, 2012 is hereby
repealed.
45 of 1860.
Maharashtra
Act No. 11
of 2014.
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1836
Department of Science, Technology & Environment
___
Notification
LS/MISC/1915/96/Part IV/378
Read: Government Notification No. LS/MISC/1915/96/Part IV/1984 dated 1-4-2016, published
in the Official Gazette, Series I No. 3, dated 21-4-2016.
In exercise of the powers conferred by clause (i) of section 7 of the Goa Non- Biodegradable
Garbage (Control) Act, 1996 (Goa Act 5 of 1997) (hereinafter referred to as the “said Act”)
and in supersession of the Government Notification No. LS/MISC/1915/96/Part IV/1517 dated
4th February, 2014, published in Official Gazette, Series I No. 44 dated 5th February, 2014,
the Government of Goa hereby levies a cess at the rate of Rs. 2/- per bottle in case of non-
PET bottles and 0.5 percent of sale price or Rs. 200/- per item whichever is less, on the
value of goods sold in any of/or in combination of, the non-biodegradable packaging material
mentioned in the Schedule below except on the packaging material which is used for
packaging the products/goods listed in Schedule-D of the Goa Value Added Tax Act, 2005
(Goa Act 9 of 2005), provided that it shall not exceed the rate of cess as specified in said
clause (i) of section 7 of the said Act.
SCHEDULE
Sr. No.
Packaging material
Typical usage for packaging
1
2
3
1.
Polythelene (PE) [Including Low
I. V. Bottles, Bottles for soft drinks and other beverages,
Density Polyethylene (LDPE),
Pre-prepared food trays and roasting bags, some shampoo
High Density Polyethylene (HDPE),
and mouthwash bottles, Bubble Wrap, Plastic Film for
Linear Low Density Polyethylene
food packaging, Plastic Film for non-food packaging,
(LLDPE), etc.]
Stretch Wrap, Shrink Wrap, Containers for food; raffiabags
for heavy duty packaging like fertilizer etc.; caps; blow
moulded drums and containers for food, pharmaceuticals
and non-food packaging; blow moulded Jerrycans for
liquid packaging-food/non-food; Jams and jelly bottles;
tubes for cosmetic packaging; overhead tank for water
storage; plastic bags; sealing layer of multilayer packaging;
bread bags; soap packaging; detergent bottles; lube oil
bottles; sauce packaging bottles; liquid milk packaging
pouch; snack foods/confectionery.
2.
Polyethylene Terephthalate (PET)
Beverage and salad dressing bottles, peanut butter
containers, edible oil bottles, Barrier films for multilayer
packaging; Drinking water bottle; liquid pharmaceutical
formulation packaging; liquor packaging; carbonated and
non-carbonated beverages; Jam bottles; sauce packaging
bottles; alcoholic beverages.
3.
Polycarbonate (PC)
Heavy Duty Drinking water jar/bottle, Theft-proof
packaging.
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4.
Polypropylene (PP)
Food containers, Heavy-duty microwavable containers,
Most bottle tops, Ketchup and syrup bottles, Potato crisp
bags, biscuit wrappers, Retort Pouch, Yoghurt and some
margarine containers, Film, crates, Stretch Wrap; highly
transparent films for packaging of garments; raffia bags
for cement packaging; bottles for packaging of water/food/
/oils; pickle packaging; cosmetic packaging; integrally
hinged boxes; Cosmetic Packaging; snack foods/
/confectionaries.
5.
Polystyrene (PS)
Packing foam, thermocol, Compact Disc (CD) & Digital
Video Disc (DVD) cases, Yoghurt containers, egg boxes,
Fast food trays, Foam Food Container; bottles, trays, tum-
blers; electronic goods packaging (expanded polystyrene-
-EPS); Insulation Boxes; White cups for hot beverages.
6.
Polyvinyl Chloride (PVC)
Bubble Film; Bottles for cleaning materials, Window
cleaner and detergent bottles, shampoo bottles, rigid
bottles for cooking oil, clear food packaging; Shrink wrap;
Thermoformed/blister packaging of pharmaceutical tablets
[with Polyvinylidene chloride (PVDC) coating]; blood bags;
Skin Packaging.
7.
Acrylic (a synthetic fiber of
Cosmetic packaging.
polyacrylonitrile)
8.
Cellulose Acetate
Decorative and protective packaging, packaging of fresh
vegetables, fruits, etc., food tray liners.
9.
Cellulose Acetate Butyrate
Clear rigid tubes for confectionery, soap and bath products.
10. Nylon
Food packaging, protective packaging, barrier films for
multilayer flexible food packaging, Retort Pouch.
11. Nylon, Ethylene Vinyl Alcohol (EVOH),
Used as barrier films/layer for multi-layered packaging
Polyvinylidene Chloride (PVDC)
applications.
12. Multi-layered Structure containing
Tea; Coffee; Biscuits; Spices; Wafers; Vermicelli; Ready-to-
different plastics-PE, PET, PP, Nylon,
-cook foods; Cereals and Cereal products; Detergent Pow-
Ethylene Vinyl Alcohol (EVOH),
der; Soaps; Tooth paste; Shaving Creams; Cosmetic Cream
Polyvinylidene Chloride (PVDC) etc;
Tubes; Frozen Foods/Fish products; Chocolates & milk
products.
Polymers mainly used for fibre-structural/engineering applications.
13. Lexan (Polycarbonate)
General Electric’s Trademark for polycarbonate products.
Main applications are structural.
14. Dacron
Brand name of PET/PETE in Britain Used for fibre
applications.
15. Acetal
Very long life integrally hinged boxes, Aerosol Containers,
gas caps, chemical sprayers, soap dispensers.
16. Acrylonitrile Butadiene Styrene (ABS)
Cosmetic packaging, Musical instrument and equipment
cases, lids and tubs for margarine containers
1
2
3
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1838
17. Carbon fibre reinforced Polymer (CFRP)
• Laptop cases by an increasing number of manufacturers.
• Audio components such as turntables and loud-
-speakers.
• Musical instruments, including violin bows, guitar pick-
guards, drum shells, bagpipe chanters and entire
musical instruments such as carbon fiber cellos, violas
and violins; and acoustic guitars and ukuleles.
•Kite systems use carbon fiber reinforced rods to obtain
shapes and performances previously not possible.
•Firearms use it to replace certain metal, wood, and fiber-
glass components but many of the internal parts are still
limited to metal alloys as current reinforced plastics are
unsuitable.
•High-performance radio-controlled vehicle and aircraft
components such as helicopter rotor blades.
•Tripod legs, tent poles, fishing rods, billiards cues,
walking sticks.
•Many other light and durable consumer items such as the
handles of high-end knives.
•Poles for high reach, e.g. poles used by window cleaners
and water fed poles.
•In dentistry, carbon fibre posts are used in restoring root
canal treated teeth.
18. Fibre Glass
Fiberglass (or fibreglass) is a type of fibre-reinforced
plastic where the reinforcement fibre is specifically glass
fibre.
Applications are listed below:-
•Traffic lights
•Ship hulls
•Water pipes
•Helicopter rotor blades
•tent poles
•microcars, karts, body shells, flat roofs, lorries
•Pods, domes and architectural features where a light
weight is necessary
•High-end bicycles
•Auto body parts (for instance, body kits, hoods, spoilers,
etc.), and entire auto bodies
•Antenna covers and structures
•Most printed circuit boards consist of alternating layers
of copper and fiberglass
•Large commercial wind turbine blades
•Radio Frequency (RF) coils used in MRI scanners
•Drum Sets
•Sub-sea installation protection covers
•Reinforcement of asphalt pavement, as a fabric or mesh
interlayer between lifts
1
2
3
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1839
1
2
3
•Helmets and other protective gear used in various sports
•Orthopaedic casts
•Fiberglass grating is used for walkways on ships and oil
rigs, and in factories
•Fibre-reinforced composite columns
•Water slides
19. Kevlar
Trademark for para-aramid synthetic fibre (Polypara-
phenylene terephthalamide).
20. Foams (EPS) (including hard/toughened) Expanded polystyrene (EPS) is a rigid and tough, closed-
-cell foam. It is usually white and made of pre-expanded
polystyrene beads. EPS is used for many applications e.g.
trays, plates, bowls and fish boxes. Other uses include
moulded sheets for building insulation and packing
material for cushioning fragile items inside boxes.
This Notification shall come into force with effect from the 5th day of February, 2014.
By order and in the name of the Governor of Goa.
Srinet N. Kothwale, Director & ex officio Joint Secretary (Environment).
Saligao, 10th January, 2017.
———!!!———
Department of Transport
Directorate of Transport
ó
ó
Notification
D.Tpt/EST/593/PF I/2017/160
In pursuance of clause (iii) of sub-rule (1)
and sub-rules (2), (3) and (4), of rule 108 of
the Central Motor Vehicles Rules, 1989 and
all other powers enabling it in this behalf
and in supersession of the Government
Notification No. D.Tpt/5/32/87-TPT/2286
dated 03-07-2014, published in the Official
Gazette, Series I No. 15, dated 10-07-2014,
the Government of Goa hereby specifies that
the vehicles carrying high dignitaries and
officials, etc. shall be permitted to use the lights
with/without flasher, as specified below:—
(A) red light with flasher on the top front of
the vehicle, while on duty anywhere in the
State:—
(1) Governor;
(2) Chief Minister;
(3) Cabinet Ministers of the State including
Member of Council of Ministers;
(4) Speaker of the State Legislative
Assembly;
(5) Deputy Speaker of the State
Legislative Assembly;
(6) Chief Justice of the High Court of
Bombay;
(7) Judges of the High Court of Bombay;
(8) Leader of Opposition in the State
Legislative Assembly;
(9) Advocate General.
(B) red light without flasher on the top front
of the vehicle, while on duty anywhere in the
State:—
OFFICIAL GAZETTE — GOVT. OF GOA
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1840
(1) Chief Secretary;
(2) Chairman, Goa Public Service
Commission;
(3) State Election Commissioner.
(C) amber light without flasher on the top
front of the vehicle, while on duty:—
(1) Principal District and Sessions Judges
of the concerned district;
(2) District Magistrate of the Concerned
District;
(3) Flying Squads and Static Surveillance
Teams appointed for election purpose;
(4) Executive Magistrate on duty of law
and order;
(5) Director General of Police;
(6) Inspector General of Police;
(7) Director of Transport.
(D) amber light with flasher on the top front
of the vehicle, while on duty:—
(1) Election Observers appointed by the
Election Commission of India;
(2) Executive staff of the Directorate of
Transport while on enforcement duties.
(E) red and amber light with flasher on the
top front of the vehicle, while on duty:—
(1) Fire Force Operational vehicles.
(F) blue light with flasher on the top front of
the vehicle, while on duty:—
(1) Ambulance services;
(2) Specialized vehicles permitted for
rescue/special operations.
(G) blue and amber lights with flasher on
the top front of the vehicle, while on duty:—
(1) Traffic Police vehicles;
(2) Police Department vehicles while on
duty of law and order;
(3) Vehicles escorting high dignitaries
entitled to use red light with flasher.
(H) In case any vehicle fitted with light as
mentioned in clauses (A) to (D) above is not
carrying the dignitaries or officials, then such
light shall not be used and covered by black
cover.
By order and in the name of the Governor
of Goa.
Sunil Masurkar, Director & ex officio Joint
Secretary (Transport).
Panaji, 19th January, 2017.
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