Real Estate (Regulation and Development) Act 2016

About Real Estate (Regulation and Development) Act 2016 Part 1The Real Estate (Regulation and Development) Act 2016Chronology of the eventsReal Estate (Regulation & Development) Act 2016 [RERA] — Implementation Progress ReportObjects of Real Estate (Regulation and Development) Act 2016The Real Estate (Regulation and Development) Act 2016(No. 16 of 2016)CHAPTER IPRELIMINARYSection 1 Short title extent and commencementSection 2 DefinitionsCHAPTER IIREGISTRATION OF REAL ESTATE PROJECT ANDREGISTRATION OF REAL ESTATE AGENTSSection 3 Prior registration of real estate project with Real Estate Regulatory AuthoritySection 4 Application for registration of real estate projectsSection 5 Grant of RegistrationSection 6 Extension of RegistrationSection 7 Revocation of RegistrationSection 8 Obligation of Authority consequent upon lapse of or on revocation of registrationSection 9 Registration of Real Estate AgentsSection 10 Functions of Real Estate AgentsCHAPTER IIIFUNCTIONS AND DUTIES OF PROMOTERSection 11 Functions and duties of promoterSection 12 Obligations of promoter regarding veracity of the advertisement or prospectusSection 13 No deposit or advance to be taken by promoter without first entering into agreement for saleSection 14 Adherence to sanctioned plans and project specifications by the promoterSection 15 Obligations of promoter in case of transfer of a real estate project to a third partySection 16 Obligations of promoter regarding insurance of real estate project (Section 16)Section 17 Transfer of titleSection 18 Return of amount and compensationCHAPTER IVRIGHTS AND DUTIES OF ALLOOTTEESSection 19 Rights and Duties of AllotteesCHAPTER VREAL ESTATE REGULATORY AUTHORITYSection 20 Establishment and incorporation of Real Estate Regulatory AuthoritySection 21 Composition of AuthoritySection 22 Qualifications of Chairperson and Members of AuthoritySection 23 Term of office of Chairperson and MembersSection 24 Salary and allowances payable to Chairperson and MembersSection 25 Administrative powers of ChairpersonSection 26 Removal of Chairperson and Members from office in certain circumstancesSection 27 Restrictions on Chairperson or Members on employment after cessation of officeSection 28 Officers and other employees of AuthoritySection 29 Meeting of AuthoritySection 30 Vacancies etc. not to invalidate proceeding of AuthoritySection 31 Filing of complaints with the Authority or the adjudicating officerSection 32 Functions of Authority for promotion of real estate sectorSection 33 Advocacy and awareness measuresSection 34 Functions of AuthoritySection 35 Powers of Authority to call for information conduct investigationsSection 36 Power to issue interim ordersSection 37 Powers of Authority to issue directionsSection 38 Powers of AuthoritySection 39 Rectification of ordersSection 40 Recovery of interest or penalty or compensation and enforcement of order etc.CHAPTER VICENTRAL ADVISORY COUNCILSection 41 Establishment of Central Advisory CouncilSection 42 Functions of Central Advisory CouncilCHAPTER VIIREAL ESTATE APPELLATE TRIBUNALSection 43 Establishment of Real Estate Appellate TribunalSection 44 Application for settlement of disputes and appeals to Appellate TribunalSection 45 Composition of Appellate TribunalSection 46 Qualifications for appointment of Chairperson and MembersSection 47 Term of office of Chairperson and MembersSection 48 Salary and allowances payable to Chairperson and MembersSection 49 Removal of Chairperson and Member from office in certain circumstancesSection 50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of officeSection 51 Officers and other employees of Appellate TribunalSection 52 VacanciesSection 53 Powers of TribunalSection 54 Administrative powers of Chairperson of Appellate TribunalSection 55 Vacancies etc. not to invalidate proceeding of Appellate TribunalSection 56 Right to legal representationSection 57 Orders passed by Appellate Tribunal to be executable as a decreeSection 58 Appeal to High CourtCHAPTER VIIIOFFENCES PENALTIES AND ADJUDICATIONSection 59 Punishment for non-registration under section 3Section 60 Penalty for contravention of section 4Section 61 Penalty for contravention of other provisions of this ActSection 62 Penalty for non-registration and contravention under sections 9 and 10Section 63 Penalty for failure to comply with orders of Authority by promoterSection 64 Penalty for failure to comply with orders of Appellate Tribunal by promoterSection 65 Penalty for failure to comply with orders of Authority by real estate agentSection 66 Penalty for failure to comply with orders of Appellate Tribunal by real estate agentSection 67 Penalty for failure to comply with orders of Authority by allotteeSection 68 Penalty for failure to comply with orders of Appellate Tribunal by allotteeSection 69 Offences by companiesSection 70 Compounding of offencesSection 71 Power to adjudicateSection 72 Factors to be taken into account by the adjudicating officerCHAPTER IXFINANCE ACCOUNTS AUDITS AND REPORTSSection 73 Grants and loans by Central GovernmentSection 74 Grants and loans by State GovernmentSection 75 Constitution of Fund: 'Real Estate Regulatory Fund'Section 76 Crediting sums realised by way of penalties to Consolidated Fund of India or State accountSection 77 Budget accounts and auditSection 78 Annual reportCHAPTER XMISCELLANEOUSSection 79 Bar of JurisdictionSection 80 Cognizance of OffencesSection 81 DelegationSection 82 Power of appropriate Government to supersede AuthoritySection 83 Powers of appropriate Government to issue directions to Authority and obtain reports and returnsSection 84 Power of appropriate Government to make rulesSection 85 Power to make regulationsSection 86 Laying of rulesSection 87 Members etc. to be public servantsSection 88 Application of other laws not barredSection 89 Act to have overriding effectSection 90 Protection of action taken in good faithSection 91 Power to remove difficultiesSection 92 Repeal of Maharashtra Act No. II of 2014Part 2State Rules1 Andaman and Nicobar Islands Real Estate (Regulation and Development) (General) Rules 20162 Andhra Pradesh Real Estate (Regulation and Development) Rules 20173 Bihar Real Estate (Regulation and Development) Rules 20174 Chandigarh Real Estate (Regulation and Development) (General) Rules 20165 National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules 20166 Dadra and Nagar Haveli Real Estate (Regulation and Development) (General) Rules 20167 Daman and Diu Real Estate (Regulation and Development)(General) Rules 20168 Goa Real Estate (Regulation and Development) (Registration of Real Estate Projects Registration of Real Estate Agents Rates of Interest and Disclosures on Website) Rules 20179 Gujarat Real Estate (Regulation and Development) (General) Rules 201710 Haryana Real Estate (Regulation and Development) Rules 201711 Karnataka Real Estate (Regulation and Development) Rules 201712 Kerala Real Estate (Regulation and Development) Rules 201813 Madhya Pradesh Real Estate (Regulation and Development) Rules 201714 Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects Registration of real estate agents rates of interest and disclosures on website) Rules 201715 Punjab State Real Estate (Regulation and Development) Rules 201716 Rajasthan Real Estate (Regulation and Development) Rules 201717 Tamil Nadu Real Estate (Regulation and Development) Rules 201718 Uttar Pradesh Real Estate (Regulation and Development) Rules 201619 Uttarakhand Real Estate (Regulation and Development) (General) Rules 2017