Real Estate (Regulation and Development) Act, 2016 by CA. Pravin M Bangar

  • ISBN : 9788197469183
  • Publisher : Bharat Law House
  • No. of Pages : 784
  • M.R.P : Rs. 1695/-
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Real Estate (Regulation and Development) Act, 2016 book by CA. Pravin M Bangar for Certification Course


CONTENTS AT A GLANCE

Bharat?5
Preface to the Third Edition7
About the Author8
Detailed Contents15

Part 1

The Real Estate (Regulation and Development) Act, 2016

Chronology of the events1.3
Real Estate (Regulation & Development) Act, 2016 [RERA] — Implementation Progress Report1.5
Objects of Real Estate (Regulation and Development) Act, 20161.7
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




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