Section 38 : Powers of Authority - The Real Estate (Regulation and Development) Act, 2016

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:

Section 38 "Powers of Authority" - The Real Estate (Regulation and Development Act, 2016)


(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

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