What are the Powers of Authority under section 38 of The Real Estate (Regulation and Development Act, 2016). Powers of Authority is defined under Section 38 of the Act. Provisions under Section 38 are:
(1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder.
(2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure.
(3) Where an issue is raised relating to agreement, action, omission, practice or procedure that-
(a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or
(b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely, then the Authority, may suo motu, make reference in respect of such issue to the Competition Commission of India.
The Real Estate (Regulation and Development) Act, 2016
Section 21 : Composition of Authority
Section 22: Qualifications of Chairperson and Members of Authority
Section 23 : Terms of office of Chairperson and Members
Section 24: Salary and Allowances payable to Chairperson and Members
Section 25 : Administrative powers of Chairperson
Section 26 : Removal of Chairperson and Members from office in certain circumstances
Section 27 : Restrictions on Chairperson or Members on employment after cessation of office
Section 28 : Officers and other employees of Authority
Section 29 : Meetings of Authority
Section 30 : Vacancies, etc., not to invalidate proceeding of Authority
Section 31 : Filing of complaints with the Authority or the adjudicating officer
Section 32 : Functions of Authority for promotion of real estate sector
Section 33 : Advocacy and awareness measures
Section 34 : Functions of Authority
Section 35 : Powers of Authority to call for information conduct investigations
Section 36 : Power to issue interim orders
Section 37 : Powers of Authority to issue directions
Section 38 : Powers of Authority
Section 39 : Rectification of orders
Section 40 : Recovery of interest or penalty or compensation and enforcement of order, etc