reg. no. g-2/rnp/goa/32/2015-2017 rni no. goaeng/2002/6410 · official gazette — govt. of goa...

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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 GOADepartment 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 Presidentin the Sixty-seventh Year of the Republic ofIndia and published in the Gazette ofIndia, Extraordinary, Part II, Section 1, dated28-12-2016, is hereby published for the generalinformation 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) 1798Act, 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 1839Dir. & 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 thePayment of Wages Act, 1936.

Whereas the Payment of Wages(Amendment) Bill, 2016 has been introducedin the House of the People on the 15thDecember, 2016 and is pending in that House;

And whereas Parliament is not in sessionand the President is satisfied thatcircumstances exist which render it necessaryfor him to take immediate action;

Now, therefore, in exercise of the powersconferred by clause (1) of article 123 of theConstitution, the President is pleased topromulgate the following Ordinance:—

1. Short title and commencement.— (1) ThisOrdinance may be called the Payment ofWages (Amendment) Ordinance, 2016.

(2) It shall come into force at once.

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 42 19TH JANUARY, 2017

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2. Substitution of section 6 of Act 4 of 1936.—For section 6 of the Payment of Wages Act,1936, the following section shall besubstituted, namely:—

“6. Wages to be paid in current coin orcurrency notes or by cheque or crediting inbank account.— All wages shall be paid incurrent coin or currency notes or by chequeor by crediting the wages in the bankaccount of the employee:

Provided that the appropriateGovernment may, by notification in theOfficial Gazette, specify the industrial orother establishment, the employer of whichshall pay to every person employed in suchindustrial or other establishment, the wagesonly by cheque or by crediting the wagesin 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 andDevelopment) Act, 2016 (Central Act No. 16of 2016), which has been passed byParliament and assented to by the Presidenton 25-03-2016 and published in the Gazetteof India, Extraordinary, Part II, Section 1,dated 26-03-2016, is hereby published for thegeneral information of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 26th October, 2016.

THE REAL ESTATE (REGULATION ANDDEVELOPMENT) ACT, 2016

CHAPTER I

PreliminarySections1. Short title, extent and commencement.2. Definitions.

SectionsCHAPTER II

Registration of real estate project andregistration of real estate agents

3. Prior registration of real estate project with RealEstate Regulatory Authority.

4. Application for registration of real estateprojects.

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 RealEstate Regulatory Authority.

21. Composition of Authority.22. Qualifications of Chairperson and Members of

Authority.23. Term of office of Chairperson and Members.24. Salary and allowances payable to Chairperson

and Members.25. Administrative powers of Chairperson.26. Removal of Chairperson and Members from

office in certain circumstances.


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Sections27. 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 theadjudicating officer.

32. Functions of Authority for promotion of realestate 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 orcompensation 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 AppellateTribunal.

44. Application for settlement of disputes andappeals 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 AdministrativeMember on employment after cessation ofoffice.

51. Officers and other employees of AppellateTribunal.

Sections52. 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 undersection 3.

60. Penalty for contravention of section 4.61. Penalty for contravention of other provisions

of this Act.62. Penalty for non-registration and contravention

under sections 9 and 10.63. Penalty for failure to comply with orders of

Authority by promoter.64. Penalty for failure to comply with orders of

Appellate Tribunal by promoter.65. Penalty for failure to comply with orders of

Authority by real estate agent.66. Penalty for failure to comply with orders of

Appellate Tribunal by real estate agent.67. Penalty for failure to comply with orders of

Authority by allottee.68. Penalty for failure to comply with orders of

Appellate Tribunal by allottee.69. Offences by companies.70. Compounding of offences.71. Power to adjudicate.72. Factors to be taken into account by the

adjudicating officer.

CHAPTER IX

Finance, Accounts, Audits and Reports

73. Grants and loans by Central Government.74. Grants and loans by State Government.75. Constitution of Fund.76. Crediting sums realised by way of penalties

to Consolidated Fund of India or State account.


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Sections77. 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 andreturns.

84. Power of appropriate Government to makerules.

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 ANDDEVELOPMENT) ACT, 2016

AN

ACT

to establish the Real Estate RegulatoryAuthority for regulation and promotion of thereal estate sector and to ensure sale of plot,apartment or building, as the case may be, orsale of real estate project, in an efficient andtransparent manner and to protect the interestof consumers in the real estate sector and toestablish an adjudicating mechanism forspeedy dispute redressal and also to establishthe Appellate Tribunal to hear appeals fromthe decisions, directions or orders of theReal Estate Regulatory Authority andthe adjudicating officer and for mattersconnected therewith or incidental thereto.

Be it enacted by Parliament in the Sixty--seventh Year of the Republic of India asfollows:—

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 exceptthe State of Jammu and Kashmir.

(3) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint:

Provided that different dates may beappointed for different provisions of this Actand any reference in any such provision tothe commencement of this Act shall beconstrued as a reference to the coming intoforce of that provision.

2. Definitions.— In this Act, unless thecontext otherwise requires,—

(a) “adjudicating officer” means theadjudicating officer appointed under sub--section (1) of section 71;

(b) “advertisement” means any documentdescribed or issued as advertisementthrough any medium and includes any notice,circular or other documents or publicity inany form, informing persons about a realestate project, or offering for sale of a plot,building or apartment or inviting personsto purchase in any manner such plot, buildingor apartment or to make advances ordeposits for such purposes;

(c) “agreement for sale” means anagreement entered into between thepromoter and the allottee;

(d) “allottee” in relation to a real estateproject, means the person to whom a plot,apartment or building, as the case may be,has been allotted, sold (whether as freeholdor leasehold) or otherwise transferred by thepromoter, and includes the person whosubsequently acquires the said allotmentthrough sale, transfer or otherwise but does


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not include a person to whom such plot,apartment or building, as the case may be,is given on rent;

(e) “apartment” whether called block,chamber, dwelling unit, flat, office,showroom, shop, godown, premises, suit,tenement, unit or by any other name, meansa separate and self-contained part of anyimmovable property, including one or morerooms or enclosed spaces, located on oneor more floors or any part thereof, in abuilding or on a plot of land, used or intendedto be used for any residential or commercialuse such as residence, office, shop showroomor godown or for carrying on any business.occupation, profession or trade or for anyother type of use ancillary to the purposespecified;

(f) “Appellate Tribunal” means the RealEstate Appellate Tribunal established undersection 43;

(g) “appropriate Government” means inrespect of matters relating to,—

(i) the Union territory withoutLegislature, the Central Government;

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

(iii) the Union territory of Delhi, theCentral Ministry of Urban Development;

(iv) the State, the State Government;

(h) “architect” means a personregistered as an architect underthe provisions of the ArchitectsAct, 1972;

(i) “Authority” means the Real EstateRegulatory Authority established undersub-section (1) of section 20;

(j) “building” includes any structure orerection or part of a structure or erectionwhich is intended to be used for residential,commercial or for the purpose of anybusiness, occupation, profession or trade, orfor any other related purposes;

(k) “carpet area” means the net usablefloor area of an apartment, excluding thearea covered by the external walls, areas

under services shafts, exclusive balconyor verandah area and exclusive openterrace area, but includes the area coveredby the internal partition walls of theapartment.

Explanation.— For the purpose of thisclause, the expression “exclusive balcony orverandah area” means the area of thebalcony or verandah, as the case may be,which is appurtenant to the net usable floorarea of an apartment, meant for the exclusiveuse of the allottee; and “exclusive openterrace area” means the area of open terracewhich is appurtenant to the net usable floorarea of an apartment, meant for the exclusiveuse of the allottee:

(l) “Chairperson” means the Chairpersonof the Real Estate Regulatory Authorityappointed under section 21;

(m) “commencement certificate” meansthe commencement certificate or thebuilding permit or the construction permit,by whatever name called issued by thecompetent authority to allow or permit thepromoter to begin development workson an immovable property, as per thesanctioned plan;

(n) “common areas” mean—

(i) the entire land for the real estateproject or where the project is developedin phases and registration under this Actis sought for a phase the entire land forthat phase;

(ii) the stair cases, lifts, staircase andlift lobbies, fir escapes, and commonentrances and exits of buildings;

(iii) the common basements, terraces,parks, play areas, open parking areas andcommon storage spaces;

(iv) the premises for the lodging ofpersons employed for the management ofthe property including accommodation forwatch and ward staffs or for the lodgingof community service personnel;

(v) installations of central services suchas electricity, gas, water and sanitation,

20 of 1972.


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air-conditioning and incinerating, systemfor water conservation and renewableenergy;

(vi) the water tanks, sumps, motors,fans, compressors, ducts and all apparatusconnected with installations for commonuse;

(vii) all community and commercialfacilities as provided in the real estateproject;

(viii) all other portion of the projectnecessary or convenient for itsmaintenance, safety, etc., and in commonuse;

(o) “company” means acompany incorporated andregistered under the CompaniesAct, 2013 and includes,—

(i) a corporation established by orunder any Central Act or State Act;

(ii) a development authority or anypublic authority established by theGovernment in this behalf under any lawfor the time being in force;

(p) “competent authority” means thelocal authority or any authority created orestablished under any law for the time beingin force by the appropriate Government,which exercises authority over land underits jurisdiction, and has powers to givepermission for development of suchimmovable property;

(q) “completion certificate” means thecompletion certificate, or such othercertificate, by whatever name called, issuedby the competent authority certifying thatthe real estate project has been developedaccording to the sanctioned plan, layoutplan and specifications, as approved by thecompetent authority under the local laws;

(r) “day” means the working day, in theconcerned State or Union territory, as thecase may be, notified by the appropriateGovernment from time to time;

(s) “development” with its grammaticalvariations and cognate expressions, meanscarrying out the development of immovableproperty, engineering or other operations in,on, over or under the land or the making ofany material change in any immovableproperty or land and includes re--development;

(t) “development works” means theexternal development works and internaldevelopment works on immovableproperty;

(u) “engineer” means a person whopossesses a bachelor’s degree or equivalentfrom an institution recognised by the AllIndia Council of Technical Educationor any University or any institutionrecognised under a law or is registered asan engineer under any law for the timebeing in force;

(v) “estimated cost of real estate project”means the total cost involved in developingthe real estate project and includes the landcost, taxes, cess development and othercharges;

(w) “external development works”includes roads and road systemslandscaping, water supply, seweage anddrainage systems, electricity suplytransformer, sub-station, solid wastemanagement and disposal or any otherwork which may have to be executed inthe periphery of, or outside, a project forits benefit, as may be provided under thelocal laws;

(x) “family” includes husband, wife,minor son and unmarried daughter whollydependent on a person;

(y) “garage” means a place within aproject having a roof and walls on threesides for parking any vehicle, but doesnot include an unenclosed or uncoveredparking space such as open parkingareas;

18 of 2013.


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(z) “immovable property” includes land,buildings, rights of ways, lights or any otherbenefit arising out of land and thingsattached to the earth or permanentlyfastened to anything which is attached tothe earth, but not standing timber, standingcrops or grass;

(za) “interest” means the rates of interestpayable by the promoter or the allottee, asthe case may be.

Explanation.— For the purpose of thisclause—

(i) the rate of interest chargeable fromthe allottee by the promoter, in case ofdefault, shall be equal to the rate ofinterest which the promoter shall be liableto pay the allottee, in case of default;

(ii) the interest payable by thepromoter to the allottee shall be from thedate the promoter received the amountor any part thereof till the date the amountor part thereof and interest thereon isrefunded, and the interest payable by theallottee to the promoter shall be from thedate the allottee defaults in payment tothe promoter till the date it is paid;

(zb) “internal development works” meansroads, footpaths, water supply, sewers,drains, parks, tree planting, street lighting,provision for community buildings and fortreatment and disposal of sewage andsullage water, solid waste managementand disposal, water conservation, energymanagement, fire protection and fire safetyrequirements, social infrastructure suchas educational health and other publicamenities or any other work in a project forits benefit, as per sanctioned plans;

(zc) “local authority” means the MunicipalCorporation or Municipality or Panchayatsor any other Local Body constituted underany law for the time being in force forproviding municipal services or basicservices, as the case may be, in respect ofareas under its jurisdication;

(zd) “Member” means the member of theReal Estate Regulatory Authority appointedunder section 21 and includes theChairperson;

(ze) “notification” means a notificationpublished in the Official Gazette and theexpression “notify” shall be construedaccordingly;

(zf) “occupancy certificate” means theoccupancy certificate, or such othercertificate by whatever name called, issuedby the competent authority permittingoccupation of any building, as providedunder local laws, which has provision forcivic infrastructure such as water, sanitationand 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 theLimited Liability PartnershipAct, 2008, as the case may be;

(v) a competent authority;

(vi) an association of persons or a bodyof individuals whether incorporated or not;

(vii) a co-operative society registeredunder any law relating to co-operativesocieties;

(viii) any such other entity as theappropriate Government may, bynotification, specify in this behalf;

(zh) “planning area” means a planningarea or a development area or a localplanning area or a regional developmentplan area, by whatever name called, or anyother area specified as such by theappropriate Government or any competentauthority and includes any area designatedby the appropriate Government or thecompetent authority to be a planning areafor future planned development, under thelaw relating to Town and Country Planningfor the time being in force and as revisedfrom time to time;

9 of 1932.

6 of 2009.


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(zi) “prescribed” means prescribed byrules made under this Act;

(zj) “project” means the real estateproject as defined in cluase (zn);

(zk) “promoter” means,—

(i) a person who constructs or causesto be constructed an independentbuilding or a building consisting ofapartments, or converts an existingbuilding or a part thereof into apartments,for the purpose of selling all or some ofthe apartments to other persons andincludes his assignees; or

(ii) a person who develops land into aproject, whether or not the person alsoconstructs structures on any of the plots,for the purpose of selling to other personsall or some of the plots in the said project,whether with or without structuresthereon; or

(iii) any development authority or anyother public body in respect of allotteesof—

(a) buildings or apartments, as thecase may be, constructed by suchauthority or body on lands owned bythem or placed at their disposal by theGovernment; or

(b) plots owned by such authority orbody or placed at their disposal by theGovernment,

for the purpose of selling all or some ofthe apartments or plots; or

(iv) an apex State level co-operativehousing finance society and a primaryco-operative housing society whichconstructs apartments or buildings for itsMembers or in respect of the allottees ofsuch apartments or buildings; or

(v) any other person who acts himselfas a builder, coloniser, contractor,developer, estate developer or by anyother name or claims to be acting as theholder of a power of attorney from theowner of the land on which the building

or apartment is constructed or plot isdeveloped for sale; or

(vi) such other person who constructsany building or apartment for sale to thegeneral public.

Explanation.— For the purposes of thisclause, where the person who constructsor converts a building into apartments ordevelops a plot for sale and the personswho sells apartments or plots aredifferent persons, both of them shall bedeemed to be the promoters and shall bejointly liable as such for the functionsand responsibilities specified, underthis Act or the rules and regulationsmade thereunder;

(zl) “prospectus” means any documentdescribed or issued as a prospectus or anynotice, circular, or other document offeringfor sale or any real estate project or invitingany person to make advances or depositsfor such purposes;

(zm) “real estate agent” means anyperson, who negotiates or acts on behalf ofone person in a transaction of transfer of hisplot, apartment or building, as the case maybe, 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 receivesremuneration or fees or any other chargesfor his services whether as commissionor otherwise and includes a personwho introduces, through any medium,prospective buyers and sellers to eachother for negotiation for sale or purchaseof plot, apartment or building, as the casemay be, and includes property dealers,brokers, middlemen by whatever namecalled;

(zn) “real estate project” means thedevelopment of a building or a buildingconsisting of apartments, or converting anexisting building or a part thereof intoapartments, or the development of land intoplots or apartment, as the case may be, forthe purpose of selling all or some of the


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said apartments or plots or building, asthe case may be, and includes thecommon areas, the development works, allimprovements and structures thereon, andall easement, rights and appurtenancesbelonging thereto;

(zo) “regulations” means the regula-tions made by the Authority under thisAct;

(zp) “rule” means the rules madeunder this Act by the appropriateGovernment;

(zq) “sanctioned plan” means the siteplan, building plan, service plan, parking andcirculation plan, landscape plan, layout plan,zoning plan and such other plan and includesstructural designs, if applicable, permissionssuch as environment permission and suchother permissions, which are approved bythe competent authority prior to start of areal estate project;

(zr) words and expressions used hereinbut not defined in this Act and defined inany law for the time being in force or in themunicipal laws or such other relevant lawsof the appropriate Government shall havethe same meanings respectively assignedto them in those laws.

CHAPTER II

Registration of real estate project andregistration of real estate agents

3. Prior registration of real estate project withReal Estate Regulatory Authority.— (1) Nopromoter shall advertise, market, book, sell oroffer for sale, or invite persons to purchase inany manner any plot, apartment or building,as the case may be, in any real estate projector part of it, in any planning area, withoutregistering the real estate project with theReal Estate Regulatory Authority establishedunder this Act:

Provided that projects that are ongoing onthe date of commencement of this Act and forwhich the completion certificate has not beenissued, the promoter shall make an application

to the Authority for registration of the saidproject within a period of three months fromthe date of commencement of this Act:

Provided further that if the Authority thinksnecessary, in the interest of allottees, forprojects which are developed beyond theplanning area but with the requisitepermission of the local authority, it may, byorder, direct the promoter of such project toregister with the Authority, and the provisionsof this Act or the rules and regulationsmade thereunder, shall apply to suchprojects from that stage of registration.

(2) Notwithstanding anything contained insub-section (1), no registration of the realestate project shall be required—

(a) where the area of land proposed to bedeveloped does not exceed five hundredsquare meters or the number of apartmentsproposed to be developed does not exceedeight inclusive of all phases:

Provided that, if the appropriateGovernment considers it necessary, it may,reduce the threshold below five hundredsquare meters or eight apartments, as thecase may be, inclusive of all phases, forexemption from registration under this Act;

(b) where the promoter has receivedcompletion certificate for a real estateproject prior to commencement of this Act;

(c) for the purpose of renovation or repairor re-development which does not involvemarketing, advertising selling or newallotment of any apartment, plot or building,as the case may be, under the real estateproject.

Explanation.— For the purpose of thissection, where the real estate project is tobe developed in phases, every such phaseshall be considered a stand alone real estateproject, and the promoter shall obtainregistration under this Act for each phaseseparately.

4. Application for registration of real estateprojects.— (1) Every promoter shall make an


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application to the Authority for registration ofthe real estate project in such form, manner,within such time and accompanied by suchfee as may be specified by the regulationsmade by the Authority.

(2) The promoter shall enclose the followingdocuments along with the application referredto in sub-section (1), namely:—

(a) a brief details of his enterpriseincluding its name, registered address, typeof enterprise (proprietorship, societies,partnership, companies, competentauthority), and the particulars of registration,and the names and photographs of thepromoter;

(b) a brief detail of the projects launchedby him, in the past five years, whetheralready completed or being developed,as the case may be, including the currentstatus of the said projects, any delay in itscompletion, details of cases pending, detailsof type of land and payments pending;

(c) an authenticated copy of the approvalsand commencement certificate fromthe competent authority obtained inaccordance with the laws as may beapplicable for the real estate projectmentioned in the application, and where theproject is proposed to be developed inphases, an authenticated copy of theapprovals and commencement certificatefrom the competent authority for each ofsuch phases;

(d) the sanctioned plan, layout plan andspecifications of the proposed project or thephase thereof, and the whole project assanctioned by the competent authority;

(e) the plan of development works to beexecuted in the proposed project and theproposed facilities to be provided thereofincluding fire fighting facilities, drinkingwater facilities, emergency evacuationservices, use of renewable energy;

(f) the location details of the project, withclear demarcation of land dedicated for the

project along with its boundaries includingthe latitude and longitude of the end pointsof the project;

(g) proforma of the allotment letter,agreement for sale, and the conveyancedeed proposed to be signed with theallottees;

(h) the number, type and the carpet areaof apartments for sale in the project alongwith the area of the exclusive balconyor verandah areas and the exclusiveopen terrace areas apartment with theapartment, if any;

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

(j) the names and addresses of his realestate agents, if any, for the proposedproject;

(k) the names and addresses of thecontractors, architect, structural engineer,if any and other persons concerned withthe development of the proposed project;

(l) a declaration, supported by an affidavit,which shall be signed by the promoter orany person authorised by the promoter,stating:—

(A) that he has a legal title to the landon which the development is proposedalong with legally valid documents withauthentication of such title, if such landis owned by another person;

(B) that the land is free from allencumbrances, or as the case may bedetails of the encumbrances on such landincluding any rights, title, interest orname of any party in or over such landalong with details;

(C) the time period within which heundertakes to complete the project orphase thereof, as the case may be;

(D) that seventy per cent. of theamounts realised for the real estateproject from the allottees, from time to


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time, shall be deposited in a separateaccount to be maintained in a scheduledbank to cover the cost of construction andthe land cost and shall be used only forthat purpose:

Provided that the promoter shallwithdraw the amounts from the separateaccount, to cover the cost of the project,in proportion to the percentage ofcompletion of the project:

Provided further that the amounts fromthe separate account shall be withdrawnby the promoter after it is certified by anengineer, an architect and a charteredaccountant in practice that the withdrawalis in proportion to the percentage ofcompletion of the project:

Provided also that the promoter shallget his accounts audited within sixmonths after the end of every financialyear by a chartered accountant inpractice, and shall produce a statementof accounts duly certified and signed bysuch chartered accountant and it shallbe verified during the audit that theamounts collected for a particular projecthave been utilised for the project andthe withdrawal has been in compliancewith the proportion to the percentageof completion of the project.

Explanation.— For the purposeof this clause, the term “schedulebank” means a bank included inthe Second Scheduled to theReserve Bank of India Act, 1934;

(E) that he shall take all the pendingapprovals on time, from the competentauthorities;

(F) that he has furnished such otherdocuments as may be prescribed by therules or regulations made under this Act;and

(m) such other information and documentsas may be prescribed.

(3) The Authority shall operationalise aweb based online system for submittingapplications for registration of projectswithin a period of one year from the date ofits establishment

5. Grant of registration.— (1) On receiptof the application under sub-section (1) ofsection 4, the Authority shall within a periodof thirty days.

(a) grant registration subject to theprovisions of this Act and the rules andregulations made thereunder, and providea registration number, including a Login Idand password to the applicant for accessingthe website of the Authority and to createhis web page and to fill therein the detailsof the proposed project; or

(b) reject the application for reasons tobe recorded in writing if such applicationdoes not conform to the provisions of thisAct or the rules or regulations madethereunder:

Provided that no application shall berejected unless the applicant has been givenan opportunity of being heard in the matter.

(2) If the Authority fails to grant theregistration or reject the application, as thecase may be, as provided under sub-section(1), the project shall be deemed to have beenregistered, and the Authority shall withina period of seven days of the expiry of thesaid period of thirty days specified undersub-section (1), provide a registration numberand a Login Id and password to the promoterfor accessing the website of the Authority andto create his web page and to fill therein thedetails of the proposed project.

(3) The registration granted under thissection shall be valid for a period declared bythe promoter under sub-clause (C) of clause (1)of sub-section (2) of section 4 for completionof the project or phase thereof, as the casemay be.

6. Extension of registration.— Theregistration granted under section 5 may be

20 of 1934.


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extended by the Authority on an applicationmade by the promoter due to force majeure insuch form and on payment of such fee as maybe specified by regulations made by theAuthority:

Provided that the Authority may inreasonable circumstances, without default onthe part of the promoter, based on the facts ofeach case, and for reasons to be recorded inwriting, extend the registration granted to aproject for such time as it considers necessary,which shall, in aggregate, not exceed a periodof one year:

Provided further that no application forextension of registration shall be rejectedunless the applicant has been given anopportunity of being heard in the matter.

Explanation.— For the purpose of this section,the expression “force majeure” shall mean acase of war, flood, drought, fire, cyclone,earthquake or any other calamity caused bynature affecting the regular development ofthe real estate project.

7. Revocation of registration.— (1) TheAuthority may, on receipt of a complaint or suomotu in this behalf or on the recommendationof the competent authority, revoke theregistration granted under section 5, afterbeing satisfied that—

(a) the promoter makes default in doinganything required by or under this Actor the rules or the regulations madethereunder;

(b) the promoter violates any of the termsor conditions of the approval given by thecompetent authority;

(c) the promoter is involved in any kindof unfair practice or irregularities.

Explanation.— For the purposes of thisclause, the term “unfair practice means” apractice which, for the purpose of promotingthe sale or development of any real estateproject adopts any unfair method or unfair ordeceptive practice including any of thefollowing practices, namely:—

(A) the practice of making any statement,whether in writing or by visiblerepresentation which,—

(i) falsely represents that the servicesare of a particular standard or grade;

(ii) represents that the promoter hasapproval or affiliation which such promoterdoes not have;

(iii) makes a false or misleadingrepresentation concerning the services;

(B) the promoter permits the publicationof any advertisement or prospectus whetherin any newspaper or otherwise of servicesthat are not intended to be offered;

(d) the promoter indulges in anyfraudulent practices.

(2) The registration granted to the promoterunder section 5 shall not be revoked unlessthe Authority has given to the promoter notless than thirty days notice, in writing, statingthe grounds on which it is proposed to revokethe registration, and has considered any causeshown by the promoter within the period ofthat notice against the proposed revocation.

(3) The Authority may, instead of revokingthe registration under sub-section (1), permitit to remain in force subject to such furtherterms and conditions as it thinks fit to imposein the interest of the allottees, and any suchterms and conditions so imposed shall bebinding upon the promoter.

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

(a) shall debar the promoter fromaccessing its website in relation to thatproject and specify his name in the list ofdefaulters and display his photograph on itswebsite and also inform the other RealEstate Regulatory Authority in other Statesand Union territories about such revocationor registration;

(b) shall facilitate the remainingdevelopment works to be carried out


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in accordance with the provisions ofsection 8;

(c) shall direct the bank holding theproject back account, specified undersub-clause (D) of clause (1) of sub-section (2)of section 4, to freeze the account, andthereafter take such further necessaryactions, including consequent de-freezingof the said account, towards facilitating theremaining development works in accordancewith the provisions of section 8;

(d) may, to protect the interest of allotteesor in the public interest, issue suchdirections as it may deem necessary.

8. Obligation of Authority consequent uponlapse of or on revocation of registration.— Uponlapse of the registration or on revocation ofthe registration under this Act, the Authority,may consult the appropriate Government totake such action as it may deem fit includingthe carrying out of the remaining developmentworks by competent authority or by theassociation of allottees or in any other manner,as may be determined by the Authority:

Provided that no direction, decision or orderof the Authority under this section shall takeeffect until the expiry of the period of appealprovided under the provisions of this Act:

Provided further that in case of revocationof registration of a project under this Act,the association of allottees shall have thefirst right of refusal for carrying out of theremaining development works.

9. Registration of real estate agents.—(1) No real estate agent shall facilitate the saleor purchase of or act on behalf of any personto facilitate the sale or purchase of any plot,apartment or building, as the case may be, ina real estate project or part of it, being thepart of the real estate project registered undersection 3, being sold by the promoter in anyplanning area, without obtaining registrationunder this section.

(2) Every real estate agent shall make anapplication to the Authority for registration in

such form, manner, within such time andaccompanied by such fee and documents asmay be prescribed.

(3) The Authority shall, within such period,in such manner and upon satisfying itself ofthe fulfillment of such conditions, as may beprescribed—

(a) grant a single registration to the realestate agent for the entire State of Unionterritory, as the case may be;

(b) reject the application for reasons tobe recorded in writing, if such applicationdoes not conform to the provisions of theAct or the rules or regulations madethereunder:

Provided that no application shall berejected unless the applicant has been givenan opportunity of being heard in the matter.

(4) Whereon the completion of the periodspecified under sub-section (3), if the applicantdoes not receive any communication aboutthe deficiencies in his application or therejection of his application, he shall bedeemed to have been registered.

(5) Every real estate agent who isregistered as per the provisions of this Act orthe rules and regulations made thereunder,shall be granted a registration number by theAuthority, which shall be quoted by the realestate agent in every sale facilitated by himunder this Act.

(6) Every registration shall be valid for suchperiod as may be prescribed, and shall berenewable for a period in such manner and onpayment of such fee as may be prescribed.

(7) Where any real estate agent who hasbeen granted registration under this Actcommits breach of any of the conditions thereofor any other terms and conditions specifiedunder this Act or any rules or regulations madethereunder, or where the Authority is satisfiedthat such registration has been secured by thereal estate agent through misrepresentation


1810

or fraud, the Authority may, without prejudiceto any other provisions under this Act, revokethe registration or suspend the same for suchperiod as it thinks fit:

Provided that no such revocation orsuspension shall be made by the Authorityunless an opportunity of being heard hasbeen given to the real estate agent.

10. Functions of real estate agents.— Everyreal estate agent registered under section 9shall—

(a) not facilitate the sale or purchase ofany plot, apartment or building, as the casemay be, in a real estate project or part ofit, being sold by the promoter in anyplanning area, which is not registeredwith the Authority;

(b) maintain and preserve such booksof account, records and documents asmay prescribed;

(c) not involve himself in any unfairtrade practices, namely:—

(i) the practice of making anystatement, whether orally or in writingor by visible representation which—

(A) falsely represents that theservices are of a particular standardor grade;

(B) represents that the promoteror himself has approval or affiliationwhich such promoter or himself doesnot have;

(C) makes a false or misleadingrepresentation concerning the services;

(ii) permitting the publication of anyadvertisement whether in any newspaperor otherwise of services that are notintended to be offered.

(d) facilitate the possession of all theinformation and documents, as the allottee,is entitled to, at the time of booking of

any plot, apartment or building, as thecase may be;

(e) discharge such other functions asmay be prescribed.

CHAPTER III

Functions and duties of promoter

11. Functions and duties of promoter.—(1) The promoter shall, upon receiving hisLogin Id and password under clause (a) ofsub-section (1) or under sub-section (2) ofsection 5, as the case may be, create his webpage on the website of the Authority andenter all details of the proposed project asprovided under sub-section (2) of section 4, inall the fields as provided, for public viewing,including—

(a) details of the registration granted bythe Authority;

(b) quarterly up-to-date the list of numberand types of apartments or plots, as thecase may be, booked;

(c) quarterly up-to-date the list of numberof garages booked;

(d) quarterly up-to-date the list ofapprovals taken and the approvals whichare pending subsequent to commencementcertificate;

(e) quarterly up-to-date status of theproject; and

(f) such other information and documentsas may be specified by the regulationsmade by the Authority.

(2) The advertisement or prospectus issuedor published by the promoter shall mentionprominently the website address of theAuthority, wherein all details of the registeredproject have been entered and include theregistration number obtained from theAuthority and such other matters incidentalthereto.


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(3) The promoter at the time of the bookingand issue of allotment letter shall beresponsible to make available to the allottee,the following information, namely:—

(a) Sanctioned Plans, layout plans, alongwith specifications, approved by thecompetent authority, by display at the siteor such other place as may be specified bythe regulations made by the Authority;

(b) the stage wise time schedule ofcompletion of the project, including theprovisions for civic infrastructure like water,sanitation and electricity.

(4) The promoter shall—

(a) be responsible for all obligations,responsibilties and functions under theprovisions of this Act or the rules andregulations made thereunder or to theallottees as per the agreement for sale, orto the association of allottees, as the casemay be, till the conveyance of all theapartments, plots or buildings, as the casemay be, to the allottees, or the commonareas to the association of allottees orthe competent authority, as the case may be:

Provided that the responsibility of thepromoter, with respect to the structuraldefect or any other defect for such period asis referred to in sub-section (3) of section14, shall continue even after the conveyancedeed of all the apartments, plots orbuildings, as the case may be, to theallottees are executed.

(b) be responsible to obtain thecompletion certificate or the occupancycertificate, or both, as applicable, from therelevant competent authority as per locallaws or other laws for the time being in forceand to make it available to the allotteesindividually or to the association of allottees,as the case may be;

(c) be responsible to obtain the leasecertificate, where the real estate project isdeveloped on a leasehold land, specifyingthe period of lease, and certifying that all

dues and charges in regard to the leaseholdland has been paid, and to make the leasecertificate available to the association ofallottees;

(d) be responsible for providing andmaintaining the essential services, onreasonable charges, till the taking over ofthe maintenance of the project by theassociation of the allottees;

(e) enable the formation of an associationor society or co-operative society, as thecase may be, of the allottees, or a federationof the same, under the laws applicable:

Provided that in the absence of local laws,the association of allottees, by whatevername called, shall be formed within a periodof three months of the majority of allotteeshaving booked their plot or apartment orbuilding, as the case may be, in the project;

(f) execute a registered conveyance deedof the apartment, plot or building, as the casemay be, in favour of the allottee along withthe undivided proportionate title in thecommon areas to the association of allotteesof competent authority, as the case may be,as provided under section 17 of this Act;

(g) pay all outgoings until he transfers thephysical possession of the real estate projectto the allottee or the associations of allottees,as the case may be, which he has collectedfrom the allottees, for the payment ofoutgoing (including land cost, ground rent,municipal or other local taxes, charges forwater or electricity, maintenance charges,including mortgage loan and interest onmortgages or other encumbrances andsuch other liabilities payable to competentauthorities, banks and financial institutions,which are related to the project):

Provided that where any promoter failsto pay all or any of the outgoings collectedby him from the allottees or any liability,mortgage loan and interest thereon beforetransferring the real estate project to suchallottees, or the association of the allottees,


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as the case may be, the promoter shallcontinue to be liable, even after the transferof the property, to pay such outgoings andpenal charges, if any, to the authority orperson to whom they are payable and beliable for the cost of any legal proceedingswhich may be taken therefore by suchauthority or person;

(h) after he executes an agreement forsale for any apartment, plot or building, asthe case may be, not mortgage or create acharge on such apartment, plot or building,as the case may be, and if any such mortgageor charge is made or created thennotwithstanding anything contained in anyother law for the time being in force, it shallnot affect the right and interest of theallottee who has taken or agreed to takesuch apartment, plot or building, as thecase may be;

(5) The promoter may cancel the allotmentonly in terms of the agreement for sale:

Provided that the allottee may approachthe Authority for relief, if he is aggrieved bysuch cancellation and such cancellation isnot in accordance with the terms of theagreement for sale, unilateral and withoutany sufficient cause.

(6) The promoter shall prepare and maintainall such other details as may be specified, fromtime to time, by regulations made by theAuthority.

12. Obligations of promoter regardingveracity of the advertisement or prospectus.—Where any person makes an advance or adeposit on the basis of the information containedin the notice advertisement or prospectus, or onthe basis of any model apartment, plot orbuilding, as the case may be, and sustains anyloss or damage by reason of any incorrect, falsestatement included therein, he shall becompensated by the promoter in the manneras provided under this Act:

Provided that if the person affected by suchincorrect, false statement contained in the

notice, advertisement or prospectus, or themodel apartment, plot or buildings as the casemay be, intends to withdraw from the proposedproject, he shall be returned his entireinvestment along with interest at such rateas may be prescribed and the compensationin the manner provided under this Act.

13. No deposit or advance to be takenby promoter without first entering intoagreement for sale.— (1) A promoter shall notaccept a sum more than ten per cent of thecost of the apartment, plot, or building as thecase may be, as an advance payment or anapplication fee, from a person without firstentering into a written agreement for sale withsuch person and register the said agreementfor sale, under any law for the time being inforce.

(2) The agreement for sale referred toin sub-section (1) shall be in such form asmay be prescribed and shall specify theparticulars of development of the projectincluding the construction of building andapartments, along with specifications andinternal development works and externaldevelopment works, the dates and the mannerby which payments towards the cost of theapartment, plot or building, as the case maybe, are to be made by the allottees andthe date on which the possession of theapartment, plot or building is to be handedover, the rates of interest payable by thepromoter to the allottee and the allottee to thepromoter in case of default, and such otherparticulars, as may be prescribed.

14. Adherence to sanctioned plans and projectspecifications by the promoter.— (1) Theproposed project shall be developed andcompleted by the promoter in accordance withthe sanctioned plans, layout plans andspecifications as approved by the competentauthorities.

(2) Notwithstanding anything containedin any law, contract or agreement, afterthe sanctioned plans, layout plans andspecifications and the nature of the fixtures,


1813

fittings, amenities and common areas, of theapartment, plot or building, as the case maybe, as approved by the competent authority,are disclosed or furnished to the person whoagree to take one or more of the saidapartment, plot or building, as the case maybe, the promoter shall not make—

(i) any additions and alterations in thesanctioned plans, layout plans andspecifications and the nature of fixtures,fittings and amenities described therein inrespect of the apartment, plot or building,as the case may be, which are agreed to betaken, without the previous consent ofthat person:

Provided that the promoter may make suchminor additions or alterations as may berequired by the allottee, or such minor changesor alterations as may be necessary due toarchitectural and structural reasons dulyrecommended and verified by an authorisedArchitect or Engineer after proper declarationand intimation to the allottee.

Explanation.— For the purpose of thisclause, “minor additions or alterations”excludes structural change including anaddition to the area or change in height, or theremoval of part of a building or any change tothe structure, such as the construction orremoval or cutting into of any wall or a part ofa wall, partition, column, beam, joist, floorincluding a mezzanine floor or other support,or a change to or closing of any requiredmeans of access ingress or egress or a changeto the fixtures or equipment, etc.

(ii) any other alterations or additions inthe sanctioned plans, layout plans andspecifications of the buildings or the commonareas within the project without the previouswritten consent of at least two-thirds of theallottees, other than the promoter, who haveagreed to take apartments in such building.

Explanation.— For the purpose of this clause,the allottees, irrespective of the number ofapartments or plots, as the case may be,

booked by him or booked in the name of hisfamily, or in the case of other persons such ascompanies or firms or any association ofindividuals etc. by whatever name called,booked in its name or booked in the name ofits associated entities or related enterprises,shall be considered as one allottee only.

(3) In case any structural defect or any otherdefect in workmanship, quality or provision ofservices or any other obligations of thepromoter as per the agreement for sale relatingto such development is brought to the noticeof the promoter within a period of five yearsby the allottee from the date of handing overpossession, it shall be the duty of the promoterto rectify such defects without further charge,within thirty days, and in the event ofpromoter’s failure to rectify such defectswithin such time, the aggrieved allotteesshall be entitled to receive appropriatecompensation in the manner as providedunder this Act.

15. Obligations of promoter in case of transferof a real estate project to a third party.— (1)The promoter shall not transfer or assign hismajority rights and liabilities in respect ofa real estate project to a third partywithout obtaining prior written consent fromtwo-third allottees, except the promoter, andwithout the prior written approval of theAuthority:

Provided that such transfer or assignmentshall not affect the allotment or sale of theapartments, plots or buildings as the case maybe, in the real estate project made by theerstwhile promoter.

Explanation.— For the purpose of this sub--section, the allottee, irrespective of thenumber of apartments or plots, as the case maybe, booked by him or booked in the name ofhis family, or in the case of other persons suchas companies or firms or any association ofindividuals, by whatever name called, bookedin its name or booked in the name ofits associated entities or related enterprises,shall be considered as one allottee only.


1814

(2) On the transfer or assignment beingpermitted by the allottees and the Authorityunder sub-section (1), the intending promotershall be required to independently complywith all the pending obligations underthe provisions of this Act or the rulesand regulations made thereunder, and thepending obligations as per the agreement forsale entered into by the erstwhile promoterwith the allottees:

Provided that any transfer or assignmentpermitted under provisions of this section shallnot result in extension of time to the intendingpromoter to complete the real estate projectand he shall be required to comply with allthe pending obligations of the erstwhilepromoter, and in case of default, suchintending promoter shall be liable to theconsequences of breach or delay, as the casemay be, as provided under this Act or therules and regulations made thereunder.

16. Obligations of promoter regardinginsurance of real estate project.— (1) Thepromoter shall obtain all such insurancesas may be notified by the appropriateGovernment, including but not limited toinsurance in respect of—

(i) title of the land and building as a partof the real estate project; and

(ii) construction of the real estate project.

(2) The promoter shall be liable to pay thepremium and charges in respect of theinsurance specified in sub-section (1) andshall pay the same before transferring theinsurance to the association of the allottees.

(3) The insurance as specified under sub--section (1) shall stand transferred to thebenefit of the allottee or the association ofallottees, as the case may be, at the time ofpromoter entering into an agreement for salewith the allottee.

(4) On formation of the association of theallottees all documents relating to the

insurance specified under sub-section (1)shall be handed over to the association ofthe allottees.

17. Transfer of title.— (1) The promoter shallexecute a registered conveyance deed infavour of the allottee along with the undividedproportionate title in the common areas to theassociation of the allottees or the competentauthority, as the case may be, and hand overthe physical possession of the plot, apartmentof building, as the case may be, to the allotteesand the common areas to the association ofthe allottees or the competent authority, asthe case may be in a real estate project, andthe other title documents pertaining theretowithin specified period as per sanctionedplans as provided under the local laws:

Provided that, in the absence of any locallaw, conveyance deed in favour of the allotteeor the association of the allottees or thecompetent authority, as the case may be, underthis section shall be carried out by thepromoter within three months from date ofissue of occupancy certificate.

(2) After obtaining the occupancy certificateand handing over physical possession to theallottees in terms of sub-section (1), it shall bethe responsibility of the promoter to hand-overthe necessary documents and plans, includingcommon areas, to the association of theallottees or the competent authority, as thecase may be, as per the local laws:

Provided that, in the absence of any locallaw, the promoter shall handover the necessarydocuments and plans, including commonareas, the association of the allottees or thecompetent authority, as the case may be,within thirty days after obtaining theoccupancy certificate.

18. Return of amount and composition.—(1) If the promoter fails to complete or is unableto give possession of an apartment, plot orbuilding,—

(a) in accordance with the terms of theagreement for sale or, as the case may


1815

be, duly completed by the date specifiedtherein; or

(b) due to discontinuance of his businessas a developer on account of suspensionor revocation of the registration under thisAct or for any other reason,

he shall be liable on demand to the allottees,in case the allottee wishes to withdraw fromthe project, without prejudice to any otherremedy available, to return the amountreceived by him in respect of that apartment,plot, building, as the case may be, withinterest at such rate as may be prescribed inthis behalf including compensation in themanner as provided under this Act:

Provided that where an allottee does notintend to withdraw from the project, he shallbe paid, by the promoter, interest for everymonth of delay, till the handing over of thepossession, at such rate as may be prescribed.

(2) The promoter shall compensate theallottees in case of any loss caused to him dueto defective title of the land, on which theproject is being developed or has beendeveloped, in the manner as provided underthis Act, and the claim for compensation underthis sub-section shall not be barred bylimitation provided under any law for thetime being in force.

(3) If the promoter fails to discharge anyother obligations imposed on him under thisAct or the rules or regulations made thereunderor in accordance with the terms and conditionsof the agreement for sale, he shall be liableto pay such compensation to the allottees, inthe manner as provided under this Act.

CHAPTER IV

Rights and duties of allottees

19. Rights and duties of allottees.— (1) Theallottee shall be entitled to obtain theinformation relating to sanctioned plans, layoutplans along with the specifications, approved

by the competent authority and such otherinformation as provided in this Act or therules and regulations made thereunder orthe agreement for sale signed with thepromoter.

(2) The allottee shall be entitled to knowstage-wise time schedule of completion of theproject, including the provisions for water,sanitation, electricity and other amenities andservices as agreed to between the promoterand the allottee in accordance with the termsand conditions of the agreement for sale.

(3) The allottee shall be entitled to claimthe possession of apartment, plot or building,as the case may be, and the associationof allottees shall be entitled to claim thepossession of the common areas, as per thedeclaration given by the promoter undersub-clause (C) of clause (1) of sub-section (2)of section 4.

(4) The allottee shall be entitled to claimthe refund of amount paid along with interestat such rate as may be prescribed andcompensation in the manner as provided underthis Act, from the promoter, if the promoter failsto comply or is unable to give possession ofthe apartment, plot or building, as the casemay be, in accordance with the terms ofagreement for sale or due to discontinuance ofhis business as a developer on account ofsuspension or revocation of his registrationunder the provisions of this Act or the rulesor regulations made thereunder.

(5) The allottee shall be entitled to have thenecessary documents and plans, includingthat of common areas, after handing over thephysical possession of the apartment or plotor building as the case may be, by the promoter.

(6) Every allottee, who has entered into anagreement or sale to take an apartment, plotor building as the case may be, under section13, shall be responsible to make necessarypayments in the manner and within the timeas specified in the said agreement for sale andshall pay at the proper time and place, the


1816

share of the registration charges, municipaltaxes, water and electricity charges,maintenance charges, ground rent, and othercharges, if any.

(7) The allottee shall be liable to pay interest,at such rate as may be prescribed, for anydelay in payment towards any amount orcharges to be paid under sub-section (6).

(8) The obligations of the allottee undersub-section (6) and the liability towardsinterest under sub-section (7) may be reducedwhen mutually agreed to between thepromoter and such allottee.

(9) Every allottee of the apartment, plot orbuilding as the case may be, shall participatetowards the formation of an association orsociety or cooperative society of the allottees,or a federation of the same.

(10) Every allottee shall take physicalpossession of the apartment, plot or buildingas the case may be, within a period of twomonths of the occupancy certificate issued forthe said apartment, plot or buildings, as thecase may be.

(11) Every allottee shall participate towardsregistration of the conveyance deed of theapartment, plot or building, as the case maybe, as provided under sub-section (1) of section17 of this Act.

CHAPTER V

The Real Estate Regulatory Authority

20. Establishment and incorporation of RealEstate Regulatory Authority.— (1) Theappropriate Government shall, within a periodof one year from the date of coming into forceof this Act, by notification, establish anAuthority to be known as the Real EstateRegulatory Authority to exercise the powersconferred on it and to perform the functionsassigned to it under this Act:

Provided that the appropriate Governmentof two or more States or Union territories

may, if it deems fit, establish one singleAuthority:

Provided further that the appropriateGovernment may, if it deems fit, establishmore than one Authority in a State or Unionterritory, as the case may be:

Provided also that until the establishmentof a Regulatory Authority under this section,the appropriate Government shall, by order,designate any Regulatory Authority or anyofficer preferably the Secretary of thedepartment dealing with Housing, as theRegulatory Authority for the purposes underthis Act:

Provided also that after the establishmentof the Regulatory Authority, all applications,complaints or cases pending with theRegulatory Authority designated, shall standtransferred to the Regulatory Authority soestablished and shall be heard from the stagesuch applications, complaints or cases aretransferred.

(2) The Authority shall be a body corporateby the name aforesaid having perpetualsuccession and a common seal, with the power,subject to the provisions of this Act, to acquire,hold and dispose of property, both movable andimmovable, and to contract, and shall, by thesaid name, sue or be sued.

21. Composition of Authority.— The Authorityshall consist of a Chairperson and not less thantwo whole time Members to be appointed bythe appropriate Government.

22. Qualifications of Chairperson andMembers of Authority.— The Chairperson andother Members of the Authority shall beappointed by the appropriate Governmenton the recommendations of a SelectionCommittee consisting of the Chief Justice ofthe High Court or his nominee the Secretary ofthe Department dealing with Housing and theLaw Secretary in such manner as may beprescribed, from amongst persons havingadequate knowledge of and professional


1817

experience of at-least twenty years in case ofthe Chairperson and fifteen years in the caseof the Members in urban development, housing,real estate development, infrastructure,economics, technical experts from relevantfields, planning, law, commerce, accountancy,industry, management, social service, publicaffairs or administration:

Provided that a person who is, or has been,in the service of the State Government shallnot be appointed as a Chairperson unless suchperson has held the post of AdditionalSecretary to the Central Government or anyequivalent post in the Central Government orState Government:

Provided further that a person who is, or hasbeen, in the service of the State Governmentshall not be appointed as a member unlesssuch person has held the post of Secretaryto the State Government or any equivalentpost in the State Government or CentralGovernment.

23. Term of office of Chairperson andMember.— (1) The Chairperson and Membersshall hold office for a term not exceeding fiveyears from the date on which they enter upontheir office, or until they attain the age ofsixty-five years, whichever is earlier and shallnot be eligible for re-appointment.

(2) Before appointing any person as aChairperson or Member, the appropriateGovernment shall satisfy itself that the persondoes not have any such financial or otherinterest as is likely to affect prejudicially hisfunctions as such Member.

24. Salary and allowances payable toChairperson and Members.— (1) The salary andallowances payable to, and the other terms andconditions of service of, the Chairperson andother Members shall be such as may beprescribed and shall not be varied to theirdisadvantage during their tenure.

(2) Notwithstanding anything contained insub-sections (1) and (2) of section 23, the

Chairperson or a Member, as the case maybe, may,—

(a) relinquish his office by giving inwriting, to the appropriate Government,notice of not less than three months; or

(b) be removed from his office inaccordance with the provisions of section26 of this Act.

(3) Any vacancy caused to the office of theChairperson or any other Member shall befilled-up within a period of three months fromthe date on which such vacancy occurs.

25. Administrative powers of Chairperson.—The Chairperson shall have powers of generalsuperintendence and directions in the conductof the affairs of Authority and he shall, inaddition to presiding over the meetings ofthe Authority, exercise and discharge suchadministrative powers and functions of theAuthority as may be prescribed.

26. Removal of Chairperson and Membersfrom office in certain circumstances.— (1) Theappropriate Government may, in accordancewith the procedure notified, remove fromoffice the Chairperson or other Members, ifthe Chairperson or such other Member, asthe 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 mentallyincapable of acting as a Member; or

(d) has acquired such financial or otherinterest as is likely to affect prejudiciallyhis functions; or

(e) has so abused his position as to renderhis continuance in office prejudicial to thepublic interest.

(2) The Chairperson or Member shall not beremoved from his office on the ground specified


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under clause (d) or clause (e) of sub-section (1)except by an order made by the appropriateGovernment after an inquiry made by a Judgeof the High Court in which such Chairpersonor Member has been informed of the chargesagainst him and given a reasonableopportunity of being heard in respect of thosecharges.

27. Restrictions on Chairperson or Memberson employment after cessation of office.—(1) The Chairperson or a Member, ceasingto hold office as such, shall not—

(a) accept any employment in, orconnected with, the management oradministration of, any person or organisationwhich has been associated with any workunder this Act, from the date on which heceases to hold office:

Provided that nothing containedin this clause shall apply toany employment under theappropriate Government or a localauthority or in any statutoryauthority or any corporationestablished by or under anyCentral, State or provincial Actor a Government Company, asdefined under clause (45) ofsection 2 of the Companies Act,2013, which is not a promoter asper the provisions of this Act;

(b) act, for or on behalf of any person ororganisation in connection with any specificproceeding or transaction or negotiation ora case to which the Authority is a party andwith respect to which the Chairpersonor such Member had, before cessation ofoffice, acted for or provided advice to, theAuthority;

(c) give advice to any person usinginformation which was obtained in hiscapacity as the Chairperson or a Memberand being unavailable to or not being ableto 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 employmentwith, an entity with which he had directand significant official dealings during histerm of office as such.

(2) The Chairperson and Members shall notcommunicate or reveal to any person anymatter which has been brought under hisconsideration or known to him while actingas such.

28. Officers and other employees ofAuthority.— (1) The appropriate Governmentmay, in consultation with the Authority appointsuch officers and employees as it considersnecessary for the efficient discharge of theirfunctions under this Act who would dischargetheir functions under the general superinten-dence of the Chairperson.

(2) The salary and allowances payable to,and the other terms and conditions of serviceof, the officers and of the employees ofthe Authority appointed under sub-section (1)shall be such as may be prescribed.

29. Meetings of Authority.— (1) The Authorityshall meet at such places and times, and shallfollow such rules of procedure in regard to thetransaction of business at its meetings,(including quorum at such meetings), as maybe specified by the regulations made by theAuthority.

(2) If the Chairperson for any reason, isunable to attend a meeting of the Authority,any other Member chosen by the Memberspresent amongst themselves at the meeting,shall preside at the meeting.

(3) All questions which come up before anymeeting of the Authority shall be decided by amajority of votes by the Members present andvoting, and in the event of an equality of votes,the Chairperson or in his absence, the personpresiding shall have a second or casting vote.

(4) The questions which come up before theAuthority shall be dealt with as expeditiouslyas possible and the Authority shall dispose of

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the same within a period of sixty days from thedate of receipt of the application:

Provided that where any such applicationcould not be disposed of within the said periodof sixty days, the Authority shall record itsreasons in writing for not disposing of theapplication within that period.

30. Vacancies etc. not to invalidate proceedingof Authority.— No act or proceeding of theAuthority shall be invalid merely by reason of—

(a) any vacancy in, or any defect in theconstitution of, the Authority; or

(b) any defect in the appointment of aperson acting as a Member of the Authority;or

(c) any irregularity in the procedure of theAuthority not affecting the merits of thecase.

31. Filing of complaints with the Authority orthe adjudicating officer.— (1) Any aggrievedperson may file a complaint with the Authorityor the adjudicating officer, as the case may be,for any violation or contravention of theprovisions of this Act or the rules andregulations made thereunder against anypromoter allottee or real estate agent, as thecase may be.

Explanation.— For the purpose of this sub--section “person” shall include the associationof allottees or any voluntary consumerassociation registered under any law for thetime being in force.

(2) The form, manner and fees for filingcomplaint under sub-section (1) shall be suchas may be specified by regulations.

32. Functions of Authority for promotion of realestate sector.— The Authority shall in order tofacilitate the growth and promotion of ahealthy, transparent, efficient and competitivereal estate sector make recommendations tothe appropriate Government of the competentauthority, as the case may be, on,—

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

(b) creation of a single window systemfor ensuring time bound project approvalsand clearances for timely completion ofthe project;

(c) creation of a transparent and robustgrievance redressal mechanism againstacts of ommission and commission ofcompetent authorities and their officials;

(d) measures to encourage investment inthe real estate sector including measures toincrease financial assistance to affordablehousing segment;

(e) measures to encourage constructionof environmentally sustainable andaffordable housing, promoting standardisationand use of appropriate constructionmaterials, fixtures, fittings and constructiontechniques;

(f) measures to encourage grading ofprojects on various parameters ofdevelopment including grading ofpromoters;

(g) measures to facilitate amicableconciliation of disputes between thepromoters and the allottees through disputesettlement forums set up by the consumeror promoter associations;

(h) measures to facilitate digitizationof land records and system towardsconclusive property titles with titleguarantee;

(i) to render advice to the appropriateGovernment in matters relating to thedevelopment of real estate sector;

(j) any other issue that the Authority maythink necessary for the promotion of thereal estate sector.

33. Advocacy and awareness measures.—(1) The appropriate Government may, while


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formulating a policy on real estate sector(including review of laws related to real estatesector) or any other matter, make a referenceto the Authority for its opinion on possibleeffect, of such policy or law on real estatesector and on the receipt of such a reference,the Authority shall within a period of sixty daysof making such reference, give its opinion tothe appropriate Government which maythereafter take further action as it deems fit.

(2) The opinion given by the Authority undersub-section (1) shall not be binding upon theappropriate Government in formulating suchpolicy or laws.

(3) The Authority shall take suitablemeasures for the promotion of advocacy,creating awareness and imparting trainingabout laws relating to real estate sector andpolicies.

34. Functions of Authority.— The functionsof the Authority shall include—

(a) to register and regulate real estateprojects and real estate agents registeredunder this Act;

(b) to publish and maintain a website ofrecords, for public viewing, of all real estateprojects for which registration has beengiven, with such details as may beprescribed, including information providedin the application for which registrationhas been granted;

(c) to maintain a database, on its website,for public viewing, and enter the names andphotographs of promoters as defaultersincluding the project details, registration forwhich has been revoked or have beenpenalised under this Act, with reasonstherefor, for access to the general public;

(d) to maintain a database, on its website,for public viewing, and enter the names andphotograhps of real estate agents whohave applied and registered under this Act,with such details as may be prescribed,

including those whose registration hasbeen rejected or revoked;

(e) to fix through regulations for each areasunder its jurisdiction the standard fees tobe levied on the allottees or the promoter orthe real estate agent, as the case may be;

(f) to ensure compliance of the obligationscast upon the promoters, the allottees andthe real estate agents under this Act andthe rules and regulations made thereunder;

(g) to ensure compliance of its regulationsor orders or directions made in exercise ofits powers under this Act;

(h) to perform such other functions asmay be entrusted to the Authority by theappropriate Government as may benecessary to carry out the provisions ofthis Act.

35. Powers of Authority to call for information,conduct investigations.— (1) Where theAuthority considers it expedient to do so, on acomplaint or suo motu, relating to this Act orthe rules of regulations made thereunder, itmay, by order in writing and recording reasonstherefor call upon any promoter or allottee orreal estate agent, as the case may be, at anytime to furnish in writing such information orexplanation relating to its affairs as theAuthority may require and appoint one ormore persons to make an inquiry in relation tothe affairs of any promoter or allottee or thereal estate agent, as the case may be.

(2) Notwithstanding anythingcontained in any other law for thetime being in force, while exercisingthe powers under sub-section (1), theAuthority shall have the samepowers as are vested in a civil courtunder the Code of Civil Procedure,1908 while trying a suit, in respectof the following matters, namely:—

(i) the discovery and production of booksof account and other documents, at such

5 of 1908.


1821

place and at such time as may be specifiedby the Authority;

(ii) summoning and enforcing the‘attendance of persons and examining themon oath;

(iii) issuing commissions for theexamination of witnesses or documents;

(iv) any other matter which may beperscribed.

36. Power to issue interim orders.— Whereduring an inquiry, the Authority is satisfied thatan act in contravention of this Act, or the rulesand regulations made thereunder, has beencommitted and continues to be committed orthat such act is about to be committed, theAuthority may, by order, restrain any promoter,allottee or real estate agent from carrying onsuch act until the conclusion of such inquiry ofuntil further orders, without giving notice tosuch party, where the Authority deems itnecessary.

37. Powers of Authority to issue directions.—The Authority may, for the purpose ofdischarging its functions under the provisionsof this Act or rules or regulations madethereunder, issue such directions from time totime, to the promoters or allottees or real estateagents, as the case may be, as it may considernecessary and such directions shall be bindingon all concerned.

38. Powers of Authority.— (1) The Authorityshall have powers to impose penalty orinterest, in regard to any contravention ofobligations cast upon the promoters, theallottees and the real estate agents, under thisAct or the rules and the regulations madethereunder.

(2) The Authority shall be guided by theprinciples of natural justice and, subject to theother provisions of this Act and the rules madethereunder, the Authority shall have powersto regulate its own procedure.

(3) Where an issue is raised relating toagreement, action, omission, practice orprocedure that—

(a) has an appreciable prevention,restriction or distortion of competition inconnection with the development of a realestate project; or

(b) has effect of market power ofmonopoly situation being abused foraffecting interest of allottees adversely,

then the Authority, may suo motu, makereference in respect of such issue to theCompetition Commission of India.

39. Rectification of orders.— The Authoritymay, at any time within a period of two yearsfrom the date of the order made under this Act,with a view to rectifying any mistake apparentfrom the record, amend any order passed byit, and shall make such amendment, if themistake is brought to its notice by the parties:

Provided that no such amendment shall bemade in respect of any order against whichan appeal has been preferred under this Act:

Provided further that the Authority shall not,while rectifying any mistake apparent fromrecord, amend substantive part of its orderpassed under the provisions of this Act.

40. Recovery of interest or penalty orcompensation and enforcement of order, etc.—(1) If a promoter or an allottee or a real estateagent, as the case may be, fails to pay anyinterest or penalty or compensation imposedon him, by the adjudicating officer or theRegulatory Authority or the AppellateAuthority, as the case may be, under this Actor the rules and regualtions made thereunder,it shall be recoverable from such promoter orallottee or real estate agent, in such manneras may be prescribed as an arrears of landrevenue.

(2) If any adjudicating officer or theRegulatory Authority or the Appellate Tribunal,as the case may be, issues any order or directsany person to do any act, or refrain from doingany act, which it is empowered to do underthis Act or the rules or regulations madethereunder, then in case of failure by anyperson to comply with such order or direction,the same shall be enforced, in such manner asmay be prescribed.


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CHAPTER VI

Central Advisory Council

41. Establishment of Central AdvisoryCouncil.— (1) The Central Government may,by notification, establish with effect fromsuch date as it may specify in such notification,a Council to be known as the Central AdvisoryCouncil.

(2) The Minister to the Government of Indiain charge of the Ministry of the CentralGovernment dealing with Housing shall bethe ex officio Chairperson of the CentralAdvisory Council.

(3) The Central Advisory Council shallconsist of representatives of the Ministry ofFinance, Ministry of Industry and Commerce,Ministry of Urban Development, Ministry ofConsumer Affairs, Minstry of Corporate Affairs,Ministry of Law and Justice, Niti Aayog,National Housing Bank, Housing and UrbanDevelopment Corporation, five representativesof State Governments to be selected byrotation, five representatives of the RealEstate Regulatory Authorities to be selectedby rotation, and any other Central Governmentdepartment as notified.

(4) The Central Advisory Council shall alsoconsist of not more than ten members torepresent the interests of real estate industry,consumers, real estate agents, constructionlabourers, non-governmental organisationsand academic and research bodies in the realestate sector.

42. Functions of Central Advisory Council.—(1) The functions of the Central AdvisoryCouncil shall be to advise and recommendthe Central Government,—

(a) on all matters concerning theimplementation of this Act;

(b) on major questions of policy;

(c) towards protection of consumerinterest;

(d) to foster the growth and developmentof the real estate sector;

(e) on any other matter as may beassigned to it by the Central Government.

(2) The Central Government may specify therules to give effect to the recommendations ofthe Central Advisory Council on matters asprovided under sub-section (1).

CHAPTER VII

The Real Estate Appellate Tribunal

43. Establishment of Real Estate AppellateTribunal.— (1) The appropriate Governmentshall, within a period of one year from the dateof coming into force of this Act, by notification,establish an Appellate Tribunal to be knownas the— (name of the State/Union territory)Real Estate Appellate Tribunal.

(2) The appropriate Government may, if itdeems necessary, establish one or morebenches of the Appellate Tribunal, for variousjurisdictions, in the State or Union territory, asthe case may be.

(3) Every bench of the Appellate Tribunalshall consist of at least one Judicial Memberand one Administrative to Technical Member.

(4) The appropriate Government of twoor more States or Union territories may, if itdeems fit, establish one single AppellateTribunal:

Provided that, until the establishment of anAppellate Tribunal under this section, theappropriate Government shall designate, byorder, any Appellate Tribunal Functioningunder any law for the time being in force, tobe the Appellate Tribunal to hear appealsunder the Act:

Provided further that after the AppellateTribunal under this section is established, allmatters pending with the Appellate Tribunaldesignated to hear appeals, shall standtransferred to the Appellate Tribunal so


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established and shall be heard from the stagesuch appeal is transferred.

(5) Any person aggrieved by any directionor decision or order made by the Authority orby an adjudicating officer under this Act mayprefer an appeal before the Appellate Tribunalhaving jurisdiction over the matter:

Provided that where a promoter files anappeal with the Appellate Tribunal, it shall notbe entertained, without the prmoter firsthaving deposited with the Appellate Tribunalatleast thirty per cent. of the penalty, or suchhigher percentage as may be determined bythe Appellate Tribunal, or the total amount tobe paid to the allottee including interest andcompensation imposed on him, if any, or withboth, as the case may be, before the saidappeal is heard.

Explanation.— For the purpose of this sub--section “person” shall include the associationof allottees or any voluntary consumerassociation registered under any law for thetime being in force.

44. Application for settlement of disputesand appeals to Appellate Tribunal.— (1) Theappropriate Government or the competentauthority or any person aggrieved by anydirection or order or decision of the Authorityor the adjudicating officer may prefer an appealto the Appellate Tribunal.

(2) Every appeal made under sub-section (1)shall be preferred within a period of sixty daysfrom the date on which a copy of the directionor order or decision made by the Authority orthe adjudicating officer is received by theappropriate Government or the competentauthority or the aggrieved person and itshall be in such form and accompanied bysuch fee, as may be prescribed:

Provided that the Appellate Tribunal mayentertain any appeal after the expiry of sixtydays if it is satisfied that there was sufficientcause 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 beingheard, pass such orders, including interimorders, as it thinks fit.

(4) The Appellate Tribunal shall send a copyof every order made by it to the parties andto the Authority or the adjudicating officer, asthe case may be.

(5) The appeal preferred under sub-section(1), shall be dealt with by it as expeditiouslyas possible and endeavour shall be made byit to dispose of the appeal within a period ofsixty days from the date of receipt of appeal:

Provided that where any such appeal couldnot be disposed of within the said period ofsixty days, the Appellate Tribunal shall recordits reasons in writing for not disposing of theappeal within that period.

(6) The Appellate Tribunal may, for thepurpose of examining the legality or proprietyor correctness of any order or decision ofthe Authority or the adjudicating officer, onits own motion or otherwise, call for therecords relevant to deposing of such appealand make such orders as it thinks fit.

45. Composition of Appellate Tribunal.— TheAppellate Tribunal shall consist of aChairperson and not less than two whole timeMembers of which one shall be a Judicialmember and other shall be a Technical orAdministrative Member, to be appointed bythe appropriate Government.

Explanation.— For the purposes of thisChapter,—

(i) “Judicial Member” means a Memberof the Appellate Tribunal appointed assuch under clause (b) of sub-section (1) ofsection 46;

(ii) “Technical or Administrative Member”means a Member of the Appellate Tribunalappointed as such under clause (c) of sub--section (1) of section 46.

46. Qualification for appointment ofChairperson and Members.— (1) A person shall


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not be qualified for appointment as theChairperson or a Member of the AppellateTribunal unless he,—

(a) in the case of Chairperson, is or hasbeen a Judge of a High Court; and

(b) in the case of a Judicial Member hehas held a judicial office in the territory ofIndia for at least fifteen years or has been amember of the Indian Legal Service and hasheld the post of Additional Secretary ofthat service or any equivalent post, or hasbeen an advocate for at least twentyyears with experience in dealing with realestate matters; and

(c) in the case of a Technical orAdministrative Member, he is a personwho is well-versed in the field of urbandevelopment, housing, real estatedevelopment, infrastructure, economics,planning, law, commerce, accountancy,industry, management, public affairs oradministration and possesses experience ofat least twenty years in the field or who hasheld the post in the Central Government, ora State Government equivalent to the postof Additional Secretary to the Governmentof India or an equivalent post in the CentralGovernment or an equivalent post in theState Government.

(2) The Chairperson of the AppellateTribunal shall be appointed by theappropriate Government in consultationwith the Chief Justice of High Court or hisnominee.

(3) The judicial Members and Technical orAdministrative Members of the AppellateTribunal shall be appointed by the appropriateGovernment on the recommendations of aSelection Committee consisting of the ChiefJustice of the High Court or his nominee, theSecretary of the Department handling Housingand the Law Secretary and in such manneras may be prescribed.

47. Term of office of Chairperson andMembers.— (1) The Chairperson of the

Appellate Tribunal or a Member of theAppellate Tribunal shall hold office, as suchfor a term not exceeding five years from thedate on which he enters upon his office, butshall not be eligible for re-appointment:

Provided that in case a person, who is orhas been a Judge of a High Court, has beenappointed as Chairperson of the Tribunal, heshall not hold office after he has attained theage of sixty-seven years:

Provided further that no Judicial Memberor Technical or Administrative Member shallhold office after he has attained the age ofsixty-five years.

(2) Before appointing any person asChairperson or Member, the appropriateGovernment shall satisfy itself that the persondoes not have any such financial or otherinterest, as is likely to affect prejudicially hisfunctions as such member.

48. Salary and allowances payable toChairperson and Members.— (1) The salary andallowances payable to, and the other terms andconditions of service of, the Chairperson andother Members shall be such as may beprescribed and shall not be varied to theirdisadvantage during their tenure.

(2) Notwithstanding anything containedin sub-sections (1) and (2) of section 47, theChairperson or a Member, as the case maybe, may:—

(a) relinquish his office by giving in writingto the appropriate Government a notice ofnot less than three months;

(b) be removed from his office inaccordance with the provisions ofsection 49.

(3) A vacancy caused to the office of theChairperson or any other Member, as the casemay be, shall be filled-up within a period ofthree months from the date on which suchvacancy occurs.


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49. Removal of Chairperson and Member fromoffice in certain circumstances.— (1) Theappropriate Government may, in consultationwith the Chief Justice of the High Court, removefrom office of the Chairperson or any judicialMember or Technical or AdministrativeMember of the Appellate Tribunal, who—

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offencewhich, in the opinion of the appropriateGovernment involves moral turpitude;or

(c) has become physically or mentallyincapable; or

(d) has acquired such financial or otherinterest as is likely to affect prejudiciallyhis functions; or

(e) has so abused his position as to renderhis continuance in office prejudicial to thepublic interest.

(2) The Chairperson or Judicial member orTechnical or Administrative Member shall notbe removed from his office except by an ordermade by the appropriate Government after aninquiry made by the Judge of the High Courtin which such Chairperson or Judicial memberor Technical or Administrative Member hasbeen informed of the charges against himand given a reasonable opportunity ofbeing heard in respect of those charges.

(3) The appropriate Government maysuspend from the office of the Chairperson orJudicial member or Technical or Adminis--trative Member in respect of whom a referenceof conducting an inquiry has been made to theJudge of the High Court under sub-section (2),until the appropriate Government passesan order on receipt of the report of inquirymade by the Judge of the High Court onsuch reference.

(4) The appropriate Government may, byrules, regulate the procedure for inquiryreferred to in sub-section (2).

50. Restrictions on Chairperson or JudicialMember or Technical or Administrative Memberon employment after cessation of office.—(1) The Chairperson or Judicial Member orTechnical or Administrative Member, ceasingto hold office as such shall not:—

(a) Accept any employment in, orconnected with, the management oradministration of, any person or organisationwhich has been associated with any workunder this Act, from the date on which heceases to hold office:

Provided that nothing containedin this clause shall apply toany employment under theappropriate Government or a localauthority or in any statutoryauthority or any corporationestablished by or under anyCentral, State of provincial Actor a Government Company asdefined under clause (45) of section2 of the Companies Act, 2013,which is not a promoter as per theprovisions of this Act;

(b) act, for or on behalf of any person ororganisation in connection with any specificproceeding or transaction or negotiation ora case to which the Authority is a party andwith respect to which the Chairpersonor Judicial Member or Technical orAdministrative Member had, beforecessation of office, acted for or providedadvice to, the Authority;

(c) give advice to any person usinginformation which was obtained in hiscapacity as the Chairperson or JudicialMember or Technical or AdministrativeMember and being unavailable to or notbeing able to be made available to the public;

(d) enter into a contrat of service with, oraccept an appointment to a board ofdirectors of, or accept an offer of employmentwith, an entity with which he had directand significant official dealings during histerm of office as such.

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(2) The Chairperson or Judicial Member orTechnical or Administrative Member shall notcommunicate or reveal to any person anymatter which has been brought under hisconsideration or known to him while actingas such.

51. Officers and other employees of AppellateTribunal.— (1) The appropriate Governmentshall provide the Appellate Tribunal with suchofficers and employees as it may deem fit.

(2) The officers and employees of theAppellate Tribunal shall discharge theirfunctions under the general superintendenceof its Chairperson.

(3) The salary and allowances payable to,and the other terms and conditions of serviceof, the officers and employees of the AppellateTribunal shall be such as may be prescribed.

52. Vacancies.— If, for reason other thantemporary absence, any vacancy occurs inthe office of the Chairperson or a Memberof the Appellate Tribunal, the appropriateGovernment shall appoint another person inaccordance with the provisions of this Act tofill the vacancy and the proceedings may becontinued before the Appellae Tribunal fromthe stage at which the vacancy is filled.

53. Powers of Tribunal.— (1) TheAppellate Tribunal shall not be boundby the procedure laid down by theCode of Civil Procedure, 1908 butshall be guided by the principles ofnatural justice.

(2) Subject to the provisions of this Act, theAppellate Tribunal shall have power to regulateits own procedure.

(3) The Appellate Tribunal shallalso not be bound by the rules ofevidence contained in the IndianEvidence Act, 1872.

(4) The Appellate Tribunal shallhave, for the purpose of dischargingits functions under this Act, the samepowers as are vested in a civil court

under the Code of Civil Procedure,1908 in respect of the followingmatters, namely:—

(a) summoning and enforcing theattendance of any person and examininghim on oath;

(b) requiring the discovery andproduction of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for theexaminations of witnesses or documents;

(e) reviewing its decisions;

(j) dismissing an application for defaultor directing it ex parte; and

(g) any other matter which may beprescribed.

(5) All proceedings before theAppellate Tribunal shall be deemedto be judicial proceedings within themeaning of sections 193, 219 and 228for the purposes of section 196 ofthe Indian Penal Code, and theAppellate Tribunal shall be deemedto be civil court for the purposes ofsection 195 and Chapter XXVI of theCode of Criminal Procedure, 1973.

54. Administrative powers of Chairpersonof Appellate Tribunal.— The Chairperson shallhave powers of general superintendence anddirection in the conduct of the affairs ofAppellate Tribunal and he shall, in addition topresiding over the meetings of the AppellateTribunal exercise and discharge suchadministrative powers and functions of theAppellate Tribunal as may be prescribed.

55. Vacancies etc. not to invalidate proceedingof Appellate Tribunal.— No act or proceedingof the Appellate Tribunal shall be invalid merelyby reason of—

(a) any vacancy in, or any defect in theconstitution of, the Appellate Tribunal, or

5 of 1908.

45 of 1860.

2 of 1974.

5 of 1908.

1 of 1872.


1827

(b) any defect in the appointment of aperson acting as a Member of the AppellateTribunal; or

(c) Any irregularity in the procedure ofthe Appellate Tribunal not affecting themerits of the case.

56. Right to legal representation.— Theapplicant or appellant may either appear inperson or authorise one or more charteredaccountants or company secretaries or costaccountants or legal practitioners or any of itsofficers to present his or its case before theAppellate Tribunal or the Regulatory Authorityor the adjudicating officer, as the case may be.

Explanation.— For the purposes of thissection,—

(a) “chartered accountant”means a chartered accountant asdefined in clause (b) of sub--section (1) of section 2 of theChartered Accountants Act, 1949or any other law for the time beingin force and who has obtained acertificate of practice undersub-section (1) of section 6 of thatAct;

(b) “company secretary” meansa company secretary as definedin clause (c) of sub-section (1) ofsection 2 of the CompanySecretaries Act, 1980 or any otherlaw for the time being in force andwho has obtained a certificate ofpractice under sub-section (1) ofsection 6 of that Act;

(c) “cost accountant” means acost accountant as defined inclause (b) of sub-section (1) ofsection 2 of the Cost and WorksAccountants Act, 1959 or anyother law for the time being inforce and who has obtained acertificate of practice undersub-section (1) of section 6 of thatAct;

(d) “legal practitioner” means anadvocate, vakil or an attorney of any HighCourt, and includes a pleader in practice.

57. Orders passed by Appellate Tribunal tobe executable as a decree.— (1) Every ordermade by the Appellate Tribunal under this Actshall be executable by the Appellate Tribunalas a decree of civil court, and for this purpose,the Appellate Tribunal shall have all thepowers of a civil court.

(2) Notwithstanding anything contained insub-section (1), the Appellate Tribunal maytransmit any order made by it to a civil courthaving local jurisdiction and such civil courtshall execute the order as if it were a decreemade by the court.

58. Appeal to High Court.— (1) Anyperson aggrieved by any decision ororder of the Appellate Tribunal, may,file an appeal to the High Court,within a period of sixty days fromthe date of communication of thedecision or order of the AppellateTribunal, to him, on any one or moreof the grounds specified in section100 of the Code of Civil Procedure,1908:

Provided that the High Court may entertainthe appeal after the expiry of the said periodof sixty days, if it is satisfied that the appellantwas prevented by sufficient cause frompreferring the appeal in time.

Explanation.— The expression “High Court”means the High Court of a State or Unionterritory where the real estate project issituated.

(2) No appeal shall lie against any decisionor order made by the Appellate Tribunal withthe consent of the parties.

CHAPTER VIII

Offences, Penalties and Adjudication

59. Punishment for non-registration undersection 3.— (1) If any promoter contravenes theprovisions of section 3, he shall be liable to a

38 of 1949.

56 of 1980.

23 of 1959.

5 of 1908.


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penalty which may extend up to ten per cent.of the estimated cost of the real estate projectas determined by the Authority.

(2) If any promoter does not comply with theorders, decisions or directions issued undersub-section (1) or continues to violate theprovisions of section 3, he shall be punishablewith imprisonment for a term which mayextend up to three years or with fine whichmay extend up to a further ten per cent. of theestimated cost of the real estate project, orwith both.

60. Penalty for contravention of section 4.— Ifany promoter provides false information orcontravenes the provisions of section 4, heshall be liable to a penalty which may extendup to five per cent of the estimated cost of thereal estate project, as determined by theAuthority.

61. Penalty for contravention of otherprovisions of this Act.— If any promotercontravenes any other provisions of this Act,other than that provided under section 3 orsection 4, or the rules or regulations madethereunder, he shall be liable to a penaltywhich may extend up to five per cent. of theestimated cost of the real estate project asdetermined by the Authority.

62. Penalty for non-registration andcontravention under sections 9 and 10.— If anyreal estate agent fails to comply with orcontravenes the provisions of section 9 orsection 10, he shall be liable to a penalty often thousand rupees for every day duringwhich such default continues, which maycumulatively extend up to five per cent. of thecost of plot, apartment or buildings, as the casemay be, of the real estate project, for whichthe sale or purchase has been facilitated asdetermined by the Authority.

63. Penalty for failure to comply with ordersof Authority by promoter.— If any promoter, whofails to comply with, or contravenes any of theorders or directions of the Authority, he shallbe liable to a penalty for every day during

which such default continues, which maycumulatively extend up to five per cent., of theestimated cost of the real estate project asdetermined by the Authority.

64. Penalty for failure to comply with ordersof Appellate Tribunal by promoter.— If anypromoter, who fails to comply with, orcontravenes any of the orders, decisions ordirections of the Applellate Trinbunal, he shallbe punishable with imprisonment for a termwhich may extend up to three years or withfine for every day during which such defaultcontinues, which may cumulatively extend upto ten per cent. of the estimated cost of thereal estate project, or with both.

65. Penalty for failure to comply with ordersof Authority by real estate agent.— If any realestate agent, who fails to comply with, orcontravenes any of the orders or directions ofthe Authority, he shall be liable to a penaltyfor every day during which such defaultcontinues, which may cumulatively extend upto 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 saleor purchase has been facilitated and asdetermined by the Authority.

66. Penalty for failure to comply with ordersof Appellate Tribunal by real estate agent.— Ifany real estate agent, who fails to comply with,or contravenes any of the orders, decisions ordirections of the Appellate Tribunal, he shallbe punishable with imprisonment for a termwhich may extend up to one year or with finefor every day during which such defaultcontinues, which may cumulatively extend upto ten per cent. of the estimated cost of plot,apartment or building, as the case may be, ofthe real estate project, for which the sale orpurchase has been facilitated, or with both.

67. Penalty for failure to comply with ordersof Authority by allottee.— If any allottee, whofails to comply with, or contravenes any of theorders, decisions or directions of the Authorityhe shall be liable to a penalty for the periodduring which such default continues, whichmay cumulatively extend up to five per cent. of


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the plot, apartment or building cost, as thecase may be, as determined by the Authority.

68. Penalty for failure to comply with ordersof Appellate Tribunal by allottee.— If anyallottee, who fails to comply with, orcontravenes any of the orders or directions ofthe Applellate Tribunal, as the case may be,he shall be punishable with imprisonment fora term which may extend up to one year orwith fine for every day during which suchdefault continues, which may cumulativelyextend up to ten per cent. of the plot,apartment or building cost, as the case maybe, or with both.

69. Offences by companies.— (1) Where anOffence under this Act has been committed bya company, every person who, at the time, theoffence was committed was in charge of, orwas responsible to the company for the conductof, the business of the company, as well as thecompany, shall be deemed to be guilty of theoffence and shall be liable to be proceededagainst and punished accordingly:

Provided that nothing contained in this sub--section, shall render any such person liableto any punishment under this Act if he provesthat the offence was committed without hisknowledge or that he had exercised all duediligence to prevent the commission of suchoffence.

(2) Notwithstanding anything contained insub-section (1), where an offence under thisAct has been committed by a company, and itis proved that the offence has been committedwith the consent or connivance of, or isattributable to, any neglect on the part of anydirector, manager, secretary or other officer ofthe company, such director, manager, secretaryor other officer shall also be deemed to be guiltyof that offence and shall be liable to beproceeded against and punished accordingly.

Explanation.— For the purpose of thissection,—

(a) “company” means any body corporateand includes a firm, or other association ofindividuals; and

(b) “director” in releation to a firm, meansa partner in the firm.

70. Compounding of offences.—Notwithstanding anything containedin the Code of Crimnal Procedure,1973, if any person is punished withimprisonment under this Act, thepunishment may, either beforeor after the institution of theprosecution, be compounded by thecourt on such terms and conditionsand on payment of such sums as maybe prescribed:

Provided that the sum prescribed shall not,in any case, exceed the maximum amount ofthe fine which may be imposed for the offenceso compounded.

71. Power to adjudicate.— (1) For thepurpose of adjudging compensation undersections 12, 14, 18 and section 19, the Authorityshall appoint in consultation with theappropriate Government one or more judicialofficer as deemed necessary, who is or hasbeen a District Judge to be an adjudicatingofficer for holding an inquiry in the prescribedmanner, after giving any person concerneda reasonable opportunity of being heard:

Provided that any person whosecomplaint in respect of matterscovered under sections 12, 14, 18 andsection 19 is pending before theConsumer Disputes Redressal Forumor the Consumer Disputes RedressalCommission or the NationalConsumer Redressal Commission,established under section 9 of theConsumer Protection Act, 1986, onor before the commencement of thisAct, he may, with the permissionof such Forum or Commission, asthe case may be, withdraw thecomplaint pending before it andfile an application before theadjudicating officer under this Act.

(2) The application for adjudgingcompensation under sub-section (1), shall be

2 of 1974.

68 of 1986.


1830

dealt with by the adjudicating officer asexpeditiously as possible and dispose of thesame within a period of sixty days from thedate of receipt of the application:

Provided that where any such applicationcould not be disposed of within the said periodof sixty days, the adjudicating officer shallrecord his reasons in writing for not disposingof the application within that period.

(3) While holding an inquiry the adjudicatingofficer shall have power to summon and enforcethe attendance of any person acquainted withthe facts and circumstances of the case to giveevidence or to produce any document whichin the opinion of the adjudicating officer, maybe useful for or relevant to the subject matterof the inquiry and if, on such inquiry, he issatisfied that the person has failed to complywith the provisions of any of the sectionsspecified in sub-section (1), he may direct topay such compensation or interest, as the caseany be, as he thinks fit in accordance with theprovisions of any of those sections.

72. Factors to be taken into account bythe adjudicating officer.— While adjudgingthe quantum of compensation or interest, asthe case may be, under section 71, theadjudicating officer shall have due regard tothe following factors, namely:—

(a) the amount of disproportionate gainor unfair advantage, wherever quantifiable,made as a result of the default;

(b) the amount of loss caused as a resultof the default;

(c) the repetitive nature of the default;

(d) such other factors which theadjudicating officer considers necessary tothe case in furtherance of justice.

CHAPTER IX

Finance, Accounts, Audits and Reports

73. Grants and loans by CentralGovernment.— The Central Government may,after due appropriation made by Parliament in

this behalf, make to the Authority grantsand loans of such sums of money as thatGovernment may consider necessary.

74. Grants and loans by State Government.—The State Government may, after dueappropriation made by State Legislature bylaw in this behalf, make to the Authority,grants and loans of such sums of money asthe State Government may think fit forbeing utilised for the purposes of this Act.

75. Constitution of Fund.— (1) Theappropriate Government shall constitute afund to be called the ‘Real Estate RegulatoryFund’ and there shall be credited thereto,—

(a) all Government grants received bythe Authority;

(b) the fees received under this Act;

(c) the interest accrued on the amountsreferred to in clauses (a) to (b).

(2) The Fund shall be applied for meeting—

(a) the salaries and allowances payableto the Chairperson and other Members, theadjudicating officer and the administrativeexpenses including the salaries andallowances payable to be officers and otheremployees of the Authority and theAppellate Tribunal;

(b) the other expenses of the Authorityin connection with the discharge of itsfunctions and for the pruposes of this Act.

(3) The Fund shall be administered by acommittee of such Members of the Authorityas may be determined by the Chairperson.

(4) The committee appointed under sub--section (3) shall spend monies out of the Fundfor carrying out the objects for which the Fundhas been constituted.

76. Crediting sums realised by way ofpenalties to Consolidated Fund of India of Stateaccount.— (1) All sums realised, by way of


1831

penalties, imposed by the Appellate Tribunalor the Authority, in the Union terriroties, shallbe credited to the Consolidated Fund of India.

(2) All sums realised, by way of penalties,imposed by the Applellate Tribunal or theAuthority, in a State, shall be credited to suchaccount as the State Government may specify.

77. Budget accounts and audit.— (1) TheAuthority shall prepare a budget, maintainproper accounts and other relevant records andprepare an annual statement of accounts insuch form as may be prescribed by theappropriate Government in consultation withthe Comptroller and Auditor-General of India.

(2) The accounts of the Authority shall beaudited by the Comptroller and Auditor--General of India at such intervals as may bespecified by him and any expenditure incurredin connection with such audit shall be payableby the Authority to the Comptroller andAuditor-General of India.

(3) The Comptroller and Auditor-Generaland any person appointed by him in connectionwith the audit of the accounts of the Authorityunder this Act shall have the same rights andprivileges and authority in connection withsuch audit as the Comptroller and Auditor--General generally has in connection with theaudit of Government accounts and, inparticular shall have the right to demand andproduction of books, accounts, connectedvouchers and other documents and papers, andto inspect any of the offices of the Authority.

(4) The accounts of the Authority, ascertified by the Comprtoller and Auditor--General of India or any other personappointed by him in this behalf, together withthe audit report thereon shall be forwardedannually to the appropriate Government by theAuthority and the appropriate Governmentshall cause the audit report to be laid, as soonas may be after it is received, before eachHouse of Parliament or, as the case may be,before the State Legislature or the Unionterritory Legislature, where it consists of two

Houses, or where such legislature consists ofone House, before the House.

78. Annual report.— (1) The Authority shallprepare once in every year, in such form andat such time as may be prescribed by theappropriate Government,—

(a) a description of all the activities ofthe Authority for the previous year;

(b) the annual accounts for the previousyear; and

(c) the programmes of work for thecoming year.

(2) A copy of the report received under sub--section (1) shall be laid, as soon as may beafter it is received, before each House ofParliament or, as the case may be, before theState Legislature or the Union TerritoryLegislature, where it consists of two Houses,or where such legislature consists of oneHouse, before that House.

CHAPTER X

Miscellaneous

79. Bar of jurisdiction.— No civil court shallhave jurisdiction to entertain any suit orproceeding in respect of any matter which theAuthority or the adjudicating officer or theAppellate Tribunal is empowered by or underthis Act to determine and no injunction shallbe granted by any court or other authority inrespect of any action taken or to be taken inpursuance of any power conferred by orunder this Act.

80. Cognizance of offences.— (1) No courtshall take cognizance of any offence punishableunder this Act or the rules or regulations madethereunder save on a complaint in writingmade by the Authority or by any officer of theAuthority duly authorised by it for this purpose.

(2) No court inferior to that of a MetropolitanMagistrate or a Judicial Magistrate of the firstclass shall try any offence punishable underthis Act.


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81. Delegation.— The Authority may, bygeneral or special order in writing, delegateto any member, officer of the Authority or anyother person subject to such conditions, if any,as may be specified in the order, such of itspowers and functions under this Act (exceptthe power to make regulations under section85, as it may deem necessary.

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

(a) that, on account of circumstancesbeyond the control of the Authority, it isunable to discharge the functions or performthe duties imposed on it by or under theprovisions of this Act; or

(b) that the Authority has persistentlydefaulted in complying with any directiongiven by the appropriate Government underthis Act or in the discharge of the functionsor performance of the duties imposed on itby or under the provisions of this Act and asa result of such default the financial positionof the Authority or the administration of theAuthority has suffered; or

(c) that circumstances exist which renderit necessary in the public interest so to do,

the appropriate Government may, bynotification, supersede the Authority for suchperiod, not exceeding six months, as may bespecified in the notification and appoint aperson or persons as the President or theGovernor, as the case may be, may direct toexercise powers and discharge functionsunder this Act:

Provided that before issuing any suchnotification, the appropriate Governmentshall give a reasonable opportunity to theAuthority to make representations againstthe proposed supersession and shallconsider the representations, if any, of theAuthority.

(2) Upon the publication of a notificationunder sub-section (1) superseding theAuthority,—

(a) the Chairperson and other Membersshall, as from the date of supersession,vacate their offices as such;

(b) all the powers, functions and dutieswhich may, by or under the provisions ofthis Act, be exercised or discharged by oron behalf of the Authority shall, until theAuthority is reconstitued under sub-section(3), be exercised and discharged by theperson or persons referred to in sub-section(1); and

(c) all properties owned or controlled bythe Authority shall, until the Authority isreconstituted under sub-section (3), vest inthe appropriate Government.

(3) On or before the expiration of the periodof supersession specified in the notificationissued under sub-section (1), the appropriateGovernment shall reconstitute the Authorityby a fresh appointment of its Chairperson andother members and in such case any personwho had vacated his office under clause (a) ofsub-section (2) shall not be deemed to bedisqualified for re-appointment.

(4) The appropriate Government shallcause a copy of the notification issued undersub-section (1) and a full report of any actiontaken under this section and the circumstancesleading to such action to be laid before eachHouse of Parliament or, as the case may be,before the State Legislature, or the UnionTerritory Legislature, as the case may be,where it consists of two Houses, or wheresuch legislature consists of one House, beforethat House.

83. Powers of appropriate Government toissue directions to Authority and obtainreports and returns.— (1) Without prejudiceto the foregoing provisions of this Act, theAuthority shall, in exercise of its powers andin performance of its functions under thisAct, be bound by such directions onquestions of policy, as the appropriateGovernment may give in writing to it fromtime to time:


1833

Provided that the Authority shall, as far aspracticable, be given an opportunity to expressits views before any direction is given underthis sub-section.

(2) If any dispute arises between theappropriate Government and the Authority asto whether a question is or is not a questionof policy, the decision of the appropriateGovernment thereon shall be final.

(3) The Authority shall furnish to theappropriate Government such returns or otherinformation with respect to its activities as theappropriate Government may, from time totime, require.

84. Power of appropriate Government tomake rules.— (1) The appropriate Governmentshall, within a period of six months of thecommencement of this Act, by notification,make rules for carrying out the provisions ofthis Act.

(2) In particular, and without prejudice tothe generality of the foregoing power, suchrules may provide for all or any of the followingmatters, namely:—

(a) information and documents forapplication to Authority for registrationunder clause (m) of sub-section (2) ofsection 4;

(b) the form and manner of makingapplication and fee and documents to beaccompanied with such application as undersub-section (2) of section 9;

(c) the period, manner and conditionsunder which the registration is to be grantedunder sub-section (3) of section 9;

(d) the validity of the period of registrationand the manner and fee for renewal undersub-section (6) of section 9;

(e) the maintenance and preservation ofbooks of account, records and documentsunder clause (b) of section 10:

(f) the discharge of other functions bythe real estate agent under clause (e) ofsection 10;

(g) the rate of interest payable undersection 12;

(h) the form and particulars of agreementfor sale under sub-section (2) of section 13;

(i) the rate of interest payable underclause (b) of sub-section (1) of section 18;

(j) the rate of interest payable undersub-section (4) of section 19;

(k) the rate of interest payable undersub-section (7) of section 19;

(l) the manner of selection of Chairpersonand Members of Authority under section 22;

(m) the salaries and allowances payableto, and the other terms and conditions ofservice of, the Chairperson and otherMembers of the Authority under sub--section (1) of section 24;

(n) the administrative powers of theChairpersons under section 25;

(o) the salaries and allowances payableto, and the other terms and conditions ofservice of, the officers and other employeesof the Authority under sub-section (2) ofsection 28;

(p) the details to be published on thewebsite as under clause (b) and under clause(d) of section 34;

(q) the additional functions which may beperformed 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 ofthe order, direction or decisions of theadjudicating officer, the Authority or the


1834

Appellate Tribunal under sub-section (2) ofsection 40;

(t) recommendations received from theCentral Advisory Council under sub-section(2) of section 42;

(u) the form and manner and fee forfilling of appeal under sub-section (2) ofsection 44;

(v) the manner of selection of Membersof the Tribunal under sub-section (3) ofsection 46;

(w) the salaries and allowances payableto, and the other terms and conditions ofservice of, the Chairperson and otherMembers of the Appellate Tribunal undersub-section (1) of section 48;

(x) the procedure for inquiry of the chargesagainst the Chairperson or Judicial Memberof the Tribunal under sub-section (4) ofsection 49;

(y) the salaries and allowances payableto, and the other terms and conditions ofservice of, the officers and employees of theAppellate Tribunal under sub-section (3) ofsection 51;

(z) any other powers of the Tribunal underclause (h) of sub-section (4) of section 53;

(za) the powers of the Chairperson of theAppellate Tribunal under section 54;

(zb) the terms and conditions and thepayment of such sum for compounding ofthe offences under section 70;

(zc) the manner of inquiry undersub-section (1) of section 71;

(zd) the form to be specified in which theAuthority shall prepare a budget, maintainproper accounts and other relevant recordsand prepare an annual statement of accountsunder sub-section (1) of section 77;

(ze) the form in which and time at whichthe Authority shall prepare an annual reportunder sub-section (1) of section 78;

(zf) any other matter which is to be, ormay be, prescribed, or in respect of whichprovision is to be made, by rules.

85. Power to make regulations.— (1) TheAuthority shall, within a period of three monthsof its establishment, by notification, makeregulations, consistent with this Act and therules made thereunder to carry out thepurposes of this Act.

(2) In particular, and without prejudice tothe generality of the foregoing power, suchregulations may provide for all or any of thefollowing matters, namely:—

(a) the form and manner of makingapplication and fee payable herewith undersub-section (1) of section 4;

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

(c) such other information and documentsrequired under clause (f) of sub-section (1)of section 11;

(d) display of sanctioned plans, layoutplans along with specifications, approved bythe competent authority, for display underclause (a) of sub-section (3) of section 11;

(e) preparation and maintenance of otherdetails under sub-section (6) of section 11;

(f) time, places and the procedure inregard to transaction of business at themeetings of the Authority under sub-section(1) of section 29;

(g) the form, manner and fees for filinga complaint under sub-section (2) ofsection 31;

(h) standard fees to be levied on thepromoter, the allottees or the real estateagent under clause (e) of section 34;


1835

(i) any other matter which is required tobe, or may be specified by regulation or inrespect of which provision is to be made byregulations.

86. Laying of rules.— (1) Every rule made bythe Central Government, every regulationmade by the Authority under the Unionterritory of Delhi and the Union territorieswithout Legislature and every notificationissued by the Central Government under thisAct shall be laid, as soon as may be after it ismade, before each House of Parliament, whileit is in session, for a total period of thirty dayswhich may be comprised in one session or intwo or more successive sessions and if, beforethe expiry of the session immediately followingthe session or the successive sessions,aforesaid, both Houses agree in making anymodification in the rule of regulation or in thenotification, as the case may be, or bothHouses agree that the rule or regulation or thenotification should not be made, the rule orregulation or notification, as the case maybe, shall thereafter have effect only insuch modified form or be of no effect, as thecase may be; so, however, that any suchmodification or annulment shall be withoutprejudice to the validity of anything previouslydone under that rule or regulation ornotification, as the case may be.

(2) Every rule made by a State Governmentor the Union territory Government, as the casemay be, every regulation made by theAuthority under the State Government or theUnion territory Government of Puducherry, asthe case may be, and every notification issuedby the State Government or the Union territoryGovernment of Puducherry, as the casemay be, under this Act, shall be laid assoon as may be, after it is made, before theState Legislature, or the Union territoryLegislature, as the case may be, where itconsists of two Houses, or where suchlegislature consists of one House, before thatHouse.

87. Members etc., to be publicservants.— The Chairperson,

Members and other officers andemployees of the Authority, andthe Appellate Tribunal and theadjudicating officer shall be deemedto be public servants within themeaning of section 21 of the IndianPenal Code.

88. Application of other laws not barred.—The provisions of this Act shall be in additionto, and not in derogation of, the provisions ofany other law for the time being in force.

89. Act to have overriding effect.— Theprovisions of this Act shall have effect,notwithstanding anything inconsistenttherewith contained in any other law for thetime being in force.

90. Protection of action taken in good faith.—No suit, prosecution or other legal proceedingsshall lie against the appropriate Governmentor the Authority or any officer of the appropriateGovernment or any member, officer or otheremployees of the Authority for anything whichis in good faith done or intended to be doneunder this Act or the rules or regulations madethereunder.

91. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of this Act, the Central Governmentmay, by order, published in the Official Gazette,make such provisions not inconsistent with theprovisions of this Act as may appear to benecessary for removing the difficulty:

Provided that no order shall be madeunder this section after the expiry of twoyears from the date of the commencement ofthis Act.

(2) Every order made under this section shallbe laid, as soon as may be after it is made,before each House of Parliament.

92. Repeal.— The MaharashtraHousing (Regulation andDevelopment) Act, 2012 is herebyrepealed.

45 of 1860.

MaharashtraAct No. 11

of 2014.


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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, publishedin 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- BiodegradableGarbage (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 dated4th 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 thevalue of goods sold in any of/or in combination of, the non-biodegradable packaging materialmentioned in the Schedule below except on the packaging material which is used forpackaging 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 saidclause (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 shampooHigh Density Polyethylene (HDPE), and mouthwash bottles, Bubble Wrap, Plastic Film forLinear 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; blowmoulded drums and containers for food, pharmaceuticalsand non-food packaging; blow moulded Jerrycans forliquid packaging-food/non-food; Jams and jelly bottles;tubes for cosmetic packaging; overhead tank for waterstorage; plastic bags; sealing layer of multilayer packaging;bread bags; soap packaging; detergent bottles; lube oilbottles; sauce packaging bottles; liquid milk packagingpouch; snack foods/confectionery.

2. Polyethylene Terephthalate (PET) Beverage and salad dressing bottles, peanut buttercontainers, edible oil bottles, Barrier films for multilayerpackaging; Drinking water bottle; liquid pharmaceuticalformulation packaging; liquor packaging; carbonated andnon-carbonated beverages; Jam bottles; sauce packagingbottles; alcoholic beverages.

3. Polycarbonate (PC) Heavy Duty Drinking water jar/bottle, Thef t-proofpackaging.


1837

4. Polypropylene (PP) Food containers, Heavy-duty microwavable containers,Most bottle tops, Ketchup and syrup bottles, Potato crispbags, biscuit wrappers, Retort Pouch, Yoghurt and somemargarine containers, Film, crates, Stretch Wrap; highlytransparent films for packaging of garments; raffia bagsfor cement packaging; bottles for packaging of water/food//oils; pickle packaging; cosmetic packaging; integrallyhinged boxes; Cosmetic Packaging; snack foods//confectionaries.

5. Polystyrene (PS) Packing foam, thermocol, Compact Disc (CD) & DigitalVideo 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, Windowcleaner and detergent bottles, shampoo bottles, rigidbottles 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 freshvegetables, 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 formultilayer flexible food packaging, Retort Pouch.

11. Nylon, Ethylene Vinyl Alcohol (EVOH), Used as barrier films/layer for multi-layered packagingPolyvinylidene 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 CreamPolyvinylidene 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 fibreapplications.

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 equipmentcases, lids and tubs for margarine containers

1 2 3


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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 stilllimited to metal alloys as current reinforced plastics areunsuitable.

•High-performance radio-controlled vehicle and aircraftcomponents such as helicopter rotor blades.

•Tripod legs, tent poles, fishing rods, billiards cues,walking sticks.

•Many other light and durable consumer items such as thehandles of high-end knives.

•Poles for high reach, e.g. poles used by window cleanersand water fed poles.

•In dentistry, carbon fibre posts are used in restoring rootcanal treated teeth.

18. Fibre Glass Fiberglass (or fibreglass) is a type of fibre-reinforcedplastic where the reinforcement fibre is specifically glassfibre.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


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-expandedpolystyrene beads. EPS is used for many applications e.g.trays, plates, bowls and fish boxes. Other uses includemoulded sheets for building insulation and packingmaterial 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 TransportDirectorate 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 ofthe Central Motor Vehicles Rules, 1989 andall other powers enabling it in this behalfand in supersession of the GovernmentNotification No. D.Tpt/5/32/87-TPT/2286dated 03-07-2014, published in the OfficialGazette, Series I No. 15, dated 10-07-2014,the Government of Goa hereby specifies thatthe vehicles carrying high dignitaries andofficials, etc. shall be permitted to use the lightswith/without flasher, as specified below:—

(A) red light with flasher on the top front ofthe vehicle, while on duty anywhere in theState:—

(1) Governor;

(2) Chief Minister;

(3) Cabinet Ministers of the State includingMember of Council of Ministers;

(4) Speaker of the State LegislativeAssembly;

(5) Deputy Speaker of the StateLegislative Assembly;

(6) Chief Justice of the High Court ofBombay;

(7) Judges of the High Court of Bombay;

(8) Leader of Opposition in the StateLegislative Assembly;

(9) Advocate General.

(B) red light without flasher on the top frontof the vehicle, while on duty anywhere in theState:—


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(1) Chief Secretary;

(2) Chairman, Goa Public ServiceCommission;

(3) State Election Commissioner.

(C) amber light without flasher on the topfront of the vehicle, while on duty:—

(1) Principal District and Sessions Judgesof the concerned district;

(2) District Magistrate of the ConcernedDistrict;

(3) Flying Squads and Static SurveillanceTeams appointed for election purpose;

(4) Executive Magistrate on duty of lawand order;

(5) Director General of Police;

(6) Inspector General of Police;

(7) Director of Transport.

(D) amber light with flasher on the top frontof the vehicle, while on duty:—

(1) Election Observers appointed by theElection Commission of India;

(2) Executive staff of the Directorate ofTransport while on enforcement duties.

(E) red and amber light with flasher on thetop front of the vehicle, while on duty:—

(1) Fire Force Operational vehicles.

(F) blue light with flasher on the top front ofthe vehicle, while on duty:—

(1) Ambulance services;

(2) Specialized vehicles permitted forrescue/special operations.

(G) blue and amber lights with flasher onthe top front of the vehicle, while on duty:—

(1) Traffic Police vehicles;

(2) Police Department vehicles while onduty of law and order;

(3) Vehicles escorting high dignitariesentitled to use red light with flasher.

(H) In case any vehicle fitted with light asmentioned in clauses (A) to (D) above is notcarrying the dignitaries or officials, then suchlight shall not be used and covered by blackcover.

By order and in the name of the Governorof Goa.

Sunil Masurkar, Director & ex officio JointSecretary (Transport).

Panaji, 19th January, 2017.

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reg. no. g-2/rnp/goa/32/2015-2017 rni no. goaeng/2002/6410 · official gazette — govt. of goa...

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