Description
Bharat Law House Pvt. Ltd. Real Estate (Regulation and Development) Act, 2016 by CA. PRAVIN M. BANGAR
Part 1
The Real Estate (Regulation and Development) Act, 2016
Chronology of the events
Real Estate (Regulation & Development) Act, 2016 [RERA] — Implementation Progress Report
Objects of Real Estate (Regulation and Development) Act, 2016
The Real Estate (Regulation and Development) Act, 2016
(No. 16 of 2016)
CHAPTER I
PRELIMINARY
Section 1 Short title, extent and commencement
Section 2 Definitions
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 13 No deposit or advance to be taken by promoter without first entering into agreement for sale
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 16)
Section 17 Transfer of title
Section 18 Return of amount and compensation
CHAPTER IV
RIGHTS AND DUTIES OF ALLOOTTEES
Section 19 Rights and Duties of Allottees
CHAPTER V
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 Term 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 Meeting 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
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 50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office
Section 51 Officers and other employees of Appellate Tribunal
Section 52 Vacancies
Section 53 Powers of Tribunal
Section 54 Administrative powers of Chairperson of Appellate Tribunal
Section 55 Vacancies, etc., 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: 'Real Estate Regulatory Fund'
Section 76 Crediting sums realised by way of penalties to Consolidated Fund of India or State account
Section 77 Budget, accounts and audit
Section 78 Annual report
CHAPTER X
MISCELLANEOUS
Section 79 Bar of Jurisdiction
Section 80 Cognizance of Offences
Section 81 Delegation
Section 82 Power of appropriate Government to supersede Authority
Section 83 Powers of appropriate Government to issue directions to Authority and obtain reports and returns
Section 84 Power of appropriate Government to make rules
Section 85 Power to make regulations
Section 86 Laying of rules
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
Section 91 Power to remove difficulties
Section 92 Repeal of Maharashtra Act No. II of 2014
Part 2
State Rules
1 Andaman and Nicobar Islands Real Estate (Regulation and Development) (General) Rules, 2016
2 Andhra Pradesh Real Estate (Regulation and Development) Rules, 2017
3 Bihar Real Estate (Regulation and Development) Rules, 2017
4 Chandigarh Real Estate (Regulation and Development) (General) Rules, 2016
5 National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules, 2016
6 Dadra and Nagar Haveli Real Estate (Regulation and Development) (General) Rules, 2016
7 Daman and Diu Real Estate (Regulation and Development)
(General) Rules, 2016
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
9 Gujarat Real Estate (Regulation and Development) (General) Rules, 2017
10 Haryana Real Estate (Regulation and Development) Rules, 2017
11 Karnataka Real Estate (Regulation and Development) Rules, 2017
12 Kerala Real Estate (Regulation and Development) Rules, 2018
13 Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017
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
15 Punjab State Real Estate (Regulation and Development) Rules, 2017
16 Rajasthan Real Estate (Regulation and Development) Rules, 2017
17 Tamil Nadu Real Estate (Regulation and Development) Rules, 2017
18 Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016
19 Uttarakhand Real Estate (Regulation and Development) (General) Rules, 2017