An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows
CHAPTER I PRELIMINARY
(1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
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
Section 4 : Application for registration of real estate projects
Section 5 : Grant of registration
Section 6 : Extension of registration
Section 7 : Revocation of registration
Section 8 : Obligation of Authority consequent upon lapse of or on revocation of registration
Section 9 : Registration of real estate agents
Section 10 : Functions of real estate agents
CHAPTER III FUNCTIONS AND DUTIES OF PROMOTER
Section 11 : Functions and duties of promoter
Section 12 : Obligations of promoter regarding veracity of the advertisement or prospectus
Section 14 : Adherence to sanctioned plans and project specifications by the promoter
Section 15 : Obligations of promoter in case of transfer of a real estate project to a third party
Section 16 : Obligations of promoter regarding insurance of real estate project
Section 17 : Transfer of title
Section 18 : Return of amount and compensation
CHAPTER IV RIGHTS AND DUTIES OF ALLOTTEES
Section 19 : Rights and duties of allottees
CHAPTER V THE REAL ESTATE REGULATORY AUTHORITY
Section 20 : Establishment and incorporation of Real Estate Regulatory Authority
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
CHAPTER VI CENTRAL ADVISORY COUNCIL
Section 41 : Establishment of Central Advisory Council
Section 42 : Functions of Central Advisory Council
CHAPTER VII THE REAL ESTATE APPELLATE TRIBUNAL
Section 43 : Establishment of Real Estate Appellate Tribunal
Section 44 : Application for settlement of disputes and appeals to Appellate Tribunal
Section 45 : Composition of Appellate Tribunal
Section 46 : Qualifications for appointment of Chairperson and Members
Section 47 : Term of office of Chairperson and Members
Section 48 : Salary and allowances payable to Chairperson and Members
Section 49 : Removal of Chairperson and Member from office in certain circumstances
Section 51 : Officers and other employees of Appellate Tribunal
Section 53 : Power of Tribunal
Section 54 : Administrative powers of Chairperson of Appellate Tribunal
Section 55 : Vacancies not to invalidate proceeding of Appellate Tribunal
Section 56 : Right to legal representation
Section 57 : Orders passed by Appellate Tribunal to be executable as a decree
Section 58 : Appeal to High Court
CHAPTER VIII OFFENCES, PENALTIES AND ADJUDICATION
Section 59 : Punishment for non registration under section 3
Section 60 : Penalty for contravention of section 4
Section 61 : Penalty for contravention of other provisions of this Act
Section 62 : Penalty for non registration and contravention under sections 9 and 10
Section 63 : Penalty for failure to comply with orders of Authority by promoter
Section 64 : Penalty for failure to comply with orders of Appellate Tribunal by promoter
Section 65 : Penalty for failure to comply with orders of Authority by real estate agent
Section 66 : Penalty for failure to comply with orders of Appellate Tribunal by real estate agent
Section 67 : Penalty for failure to comply with orders of Authority by allottee
Section 68 : Penalty for failure to comply with orders of Appellate Tribunal by allottee
Section 69 : Offences by companies
Section 70 : Compounding of offences
Section 71 : Power to adjudicate
Section 72 : Factors to be taken into account by the adjudicating officer
CHAPTER IX FINANCE, ACCOUNTS, AUDITS AND REPORTS
Section 73 : Grants and loans by Central Government
Section 74 : Grants and loans by State Government
Section 75 : Constitution of Fund
Section 77 : Budget accounts and audit
CHAPTER X MISCELLANEOUS
Section 79 : Bar of Jurisdiction
Section 80 : Cognizance of Offences
Section 82 : Power of appropriate Government to supersede Authority
Section 84 : Power of appropriate Government to make rules
Section 85 : Power to make regulations
Section 87 : Members etc to be Public Servants
Section 88 : Application of other laws not barred
Section 89 : Act to have overriding effect
Section 90 : Protection of action taken in good faith
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