Sections 91 and 92 of RERA: Power to Remove Difficulties and Repeal
Sections 91 and 92 of the Real Estate (Regulation and Development) Act, 2016 (RERA) address two distinct matters: the Central Government's limited power to resolve difficulties in implementing the Act, and the express repeal of Maharashtra's earlier housing regulation law.
These provisions form part of Chapter X, Miscellaneous, of RERA (Central Act 16 of 2016). Both sections came into force on 1 May 2016. They concern the legislative framework rather than individual project registration or compensation claims.
Section 91: Power to Remove Difficulties
Section 91 authorises the Central Government to issue an order, published in the Official Gazette, to address a difficulty arising in giving effect to RERA. Such an order must be consistent with the Act and must be necessary to remove the identified implementation difficulty.
Statutory provision
Section 91(1). If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Proviso. Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.
Section 91(2). Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Meaning and legal effect of Section 91
Removal of difficulties is a limited enabling mechanism intended to resolve practical or transitional problems in implementing a new statute. It does not confer a general power to amend, override or disregard the substantive provisions enacted by Parliament. The requirement of Gazette publication makes the order formally identifiable, while the requirement to lay it before both Houses of Parliament provides legislative oversight.
Two-year restriction: Because Section 91 commenced on 1 May 2016, the statutory period for making an order under this section expired in 2018. Section 91 therefore cannot be treated as a continuing, unrestricted power to issue fresh removal-of-difficulties orders in 2026. Existing valid orders must be examined on their own terms.
Section 92: Repeal
Section 92 expressly repeals the Maharashtra Housing (Regulation and Development) Act, 2012, identified in the central legislation as Maharashtra Act No. II of 2014.
Statutory provision
Section 92. The Maharashtra Housing (Regulation and Development) Act, 2012 is hereby repealed.
Meaning and legal effect of Section 92
Repeal means the formal withdrawal of a statute's operation by competent legislation. Section 92 was included to replace the earlier Maharashtra regulatory framework with the central RERA framework and support consistent regulation of real estate projects. Its wording specifically identifies the Maharashtra enactment; it does not, by itself, repeal every State law concerning property, construction, town planning or housing.
Where an issue involves earlier actions, accrued rights, liabilities or pending proceedings, the consequences of repeal require examination of the applicable savings principles, including Section 6 of the General Clauses Act, 1897, where applicable, and relevant judicial decisions. Repeal should not automatically be understood as extinguishing every past legal consequence.
How Sections 91 and 92 differ
Section 91 provided a temporary administrative mechanism for resolving difficulties in bringing RERA into effect, subject to strict conditions and a two-year limit. Section 92 is a legislative repeal provision that removes the specified earlier Maharashtra housing regulation statute. Neither section substitutes for the Act's substantive rules on registration, promoter obligations, allottee rights or adjudication.
Official statutory sources
For authoritative text and legislative context, consult the India Code entry for RERA, the official Act text, and the Ministry of Housing and Urban Affairs RERA FAQs. These sources explain the statutory text, commencement and purpose of the provisions.