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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1799

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1801

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1802

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1803

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1804

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1805

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1806

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1807

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1808

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1809

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1810

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1811

(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,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1812

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,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1813

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1814

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1815

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1816

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1817

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1818

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1819

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1820

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

5 of 1908.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1821

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1822

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1823

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1824

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1825

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1826

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1827

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1828

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1829

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1830

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1831

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1832

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:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

1837

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2017

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

SERIES I No. 42

19TH JANUARY, 2017

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.

www.goaprintingpress.gov.in

Printed  and Published  by  the  Director,  Printing  &  Stationery,

Government  Printing  Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 44.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—308/350—1/2017.