Real Estate (Regulation and Development) Act, 2016
Book Details
CONTENTS AT A GLANCE
| Bharat? | 5 |
| Preface to the Third Edition | 7 |
| About the Author | 8 |
| Detailed Contents | 15 |
Part 1
The Real Estate (Regulation and Development) Act, 2016
| Chronology of the events | 1.3 |
| Real Estate (Regulation & Development) Act, 2016 [RERA] — Implementation Progress Report | 1.5 |
| Objects of Real Estate (Regulation and Development) Act, 2016 | 1.7 |
| The Real Estate (Regulation and Development) Act, 2016(No. 16 of 2016) |
CHAPTER I
PRELIMINARY
| Section 1 Short title, extent and commencement | 1.9 |
| Section 2 Definitions | 1.11 |
CHAPTER II
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
| Section 3 Prior registration of real estate project with Real Estate Regulatory Authority | 1.43 |
| Section 4 Application for registration of real estate projects | 1.64 |
| Section 5 Grant of Registration | 1.96 |
| Section 6 Extension of Registration | 1.98 |
| Section 7 Revocation of Registration | 1.100 |
| Section 8 Obligation of Authority consequent upon lapse of or on revocation of registration | 1.104 |
| Section 9 Registration of Real Estate Agents | 1.105 |
| Section 10 Functions of Real Estate Agents | 1.111 |
CHAPTER III
FUNCTIONS AND DUTIES OF PROMOTER
| Section 11 Functions and duties of promoter | 1.115 |
| Section 12 Obligations of promoter regarding veracity of the advertisement or prospectus | 1.130 |
| Section 13 No deposit or advance to be taken by promoter without first entering into agreement for sale | 1.133 |
| Section 14 Adherence to sanctioned plans and project specifications by the promoter | 1.137 |
| Section 15 Obligations of promoter in case of transfer of a real estate project to a third party | 1.145 |
| Section 16 Obligations of promoter regarding insurance of real estate project (Section 16) | 1.148 |
| Section 17 Transfer of title | 1.150 |
| Section 18 Return of amount and compensation | 1.155 |
CHAPTER IV
RIGHTS AND DUTIES OF ALLOOTTEES
| Section 19 Rights and Duties of Allottees | 1.161 |
CHAPTER V
REAL ESTATE REGULATORY AUTHORITY
| Section 20 Establishment and incorporation of Real Estate Regulatory Authority | 1.166 |
| Section 21 Composition of Authority | 1.169 |
| Section 22 Qualifications of Chairperson and Members of Authority | 1.169 |
| Section 23 Term of office of Chairperson and Members | 1.171 |
| Section 24 Salary and allowances payable to Chairperson and Members | 1.173 |
| Section 25 Administrative powers of Chairperson | 1.175 |
| Section 26 Removal of Chairperson and Members from office in certain circumstances | 1.175 |
| Section 27 Restrictions on Chairperson or Members on employment after cessation of office | 1.177 |
| Section 28 Officers and other employees of Authority | 1.179 |
| Section 29 Meeting of Authority | 1.180 |
| Section 30 Vacancies etc., not to invalidate proceeding of Authority | 1.182 |
| Section 31 Filing of complaints with the Authority or the adjudicating officer | 1.183 |
| Section 32 Functions of Authority for promotion of real estate sector | 1.185 |
| Section 33 Advocacy and awareness measures | 1.188 |
| Section 34 Functions of Authority | 1.189 |
| Section 35 Powers of Authority to call for information, conduct investigations | 1.193 |
| Section 36 Power to issue interim orders | 1.195 |
| Section 37 Powers of Authority to issue directions | 1.196 |
| Section 38 Powers of Authority | 1.196 |
| Section 39 Rectification of orders | 1.197 |
| Section 40 Recovery of interest or penalty or compensation and enforcement of order, etc. | 1.198 |
CHAPTER VI
CENTRAL ADVISORY COUNCIL
| Section 41 Establishment of Central Advisory Council | 1.201 |
| Section 42 Functions of Central Advisory Council | 1.203 |
CHAPTER VII
REAL ESTATE APPELLATE TRIBUNAL
| Section 43 Establishment of Real Estate Appellate Tribunal | 1.205 |
| Section 44 Application for settlement of disputes and appeals to Appellate Tribunal | 1.208 |
| Section 45 Composition of Appellate Tribunal | 1.212 |
| Section 46 Qualifications for appointment of Chairperson and Members | 1.213 |
| Section 47 Term of office of Chairperson and Members | 1.216 |
| Section 48 Salary and allowances payable to Chairperson and Members | 1.217 |
| Section 49 Removal of Chairperson and Member from office in certain circumstances | 1.219 |
| Section 50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office | 1.222 |
| Section 51 Officers and other employees of Appellate Tribunal | 1.225 |
| Section 52 Vacancies | 1.226 |
| Section 53 Powers of Tribunal | 1.227 |
| Section 54 Administrative powers of Chairperson of Appellate Tribunal | 1.229 |
| Section 55 Vacancies, etc., not to invalidate proceeding of Appellate Tribunal | 1.230 |
| Section 56 Right to legal representation | 1.231 |
| Section 57 Orders passed by Appellate Tribunal to be executable as a decree | 1.233 |
| Section 58 Appeal to High Court | 1.234 |
CHAPTER VIII
OFFENCES, PENALTIES AND ADJUDICATION
| Section 59 Punishment for non-registration under section 3 | 1.236 |
| Section 60 Penalty for contravention of section 4 | 1.237 |
| Section 61 Penalty for contravention of other provisions of this Act | 1.238 |
| Section 62 Penalty for non-registration and contravention under sections 9 and 10 | 1.238 |
| Section 63 Penalty for failure to comply with orders of Authority by promoter | 1.239 |
| Section 64 Penalty for failure to comply with orders of Appellate Tribunal by promoter | 1.239 |
| Section 65 Penalty for failure to comply with orders of Authority by real estate agent | 1.240 |
| Section 66 Penalty for failure to comply with orders of Appellate Tribunal by real estate agent | 1.240 |
| Section 67 Penalty for failure to comply with orders of Authority by allottee | 1.241 |
| Section 68 Penalty for failure to comply with orders of Appellate Tribunal by allottee | 1.242 |
| Section 69 Offences by companies | 1.242 |
| Section 70 Compounding of offences | 1.244 |
| Section 71 Power to adjudicate | 1.246 |
| Section 72 Factors to be taken into account by the adjudicating officer | 1.250 |
CHAPTER IX
FINANCE, ACCOUNTS, AUDITS AND REPORTS
| Section 73 Grants and loans by Central Government | 1.252 |
| Section 74 Grants and loans by State Government | 1.252 |
| Section 75 Constitution of Fund: 'Real Estate Regulatory Fund' | 1.253 |
| Section 76 Crediting sums realised by way of penalties to Consolidated Fund of India or State account | 1.254 |
| Section 77 Budget, accounts and audit | 1.255 |
| Section 78 Annual report | 1.257 |
CHAPTER X
MISCELLANEOUS
| Section 79 Bar of Jurisdiction | 1.259 |
| Section 80 Cognizance of Offences | 1.259 |
| Section 81 Delegation | 1.260 |
| Section 82 Power of appropriate Government to supersede Authority | 1.260 |
| Section 83 Powers of appropriate Government to issue directions to Authority and obtain reports and returns | 1.264 |
| Section 84 Power of appropriate Government to make rules | 1.265 |
| Section 85 Power to make regulations | 1.275 |
| Section 86 Laying of rules | 1.277 |
| Section 87 Members etc., to be public servants | 1.279 |
| Section 88 Application of other laws not barred | 1.279 |
| Section 89 Act to have overriding effect | 1.280 |
| Section 90 Protection of action taken in good faith | 1.280 |
| Section 91 Power to remove difficulties | 1.281 |
| Section 92 Repeal of Maharashtra Act No. II of 2014 | 1.281 |
Part 2
State Rules
| 1 Andaman and Nicobar Islands Real Estate (Regulation and Development) (General) Rules, 2016 | 2.3 |
| 2 Andhra Pradesh Real Estate (Regulation and Development) Rules, 2017 | 2.55 |
| 3 Bihar Real Estate (Regulation and Development) Rules, 2017 | 2.91 |
| 4 Chandigarh Real Estate (Regulation and Development) (General) Rules, 2016 | 2.118 |
| 5 National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules, 2016 | 2.143 |
| 6 Dadra and Nagar Haveli Real Estate (Regulation and Development) (General) Rules, 2016 | 2.168 |
| 7 Daman and Diu Real Estate (Regulation and Development)(General) Rules, 2016 | 2.169 |
| 8 Goa Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 | 2.170 |
| 9 Gujarat Real Estate (Regulation and Development) (General) Rules, 2017 | 2.186 |
| 10 Haryana Real Estate (Regulation and Development) Rules, 2017 | 2.197 |
| 11 Karnataka Real Estate (Regulation and Development) Rules, 2017 | 2.222 |
| 12 Kerala Real Estate (Regulation and Development) Rules, 2018 | 2.254 |
| 13 Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017 | 2.281 |
| 14 Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents,rates of interest and disclosures on website) Rules, 2017 | 2.308 |
| 15 Punjab State Real Estate (Regulation and Development) Rules, 2017 | 2.327 |
| 16 Rajasthan Real Estate (Regulation and Development) Rules, 2017 | 2.355 |
| 17 Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 | 2.382 |
| 18 Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016 | 2.407 |
| 19 Uttarakhand Real Estate (Regulation and Development) (General) Rules, 2017 | 2.431 |
About the Author
CA. Pravin M Bangar
CA. Pravin M. Bangar is a qualified Chartered Accountant and presently he is practicing under a firm named,
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