The Real Estate (Regulation and Development) Act, 2016
[Act No. 16 of 2016]
[25th March, 2016.]
| Contents: | |
| Sections: | Particulars: |
| Title | The Real Estate (Regulation and Development) Act, 2016 |
| Chapter I | Preliminary |
| 1. | Short Title, Extent and Commencement |
| 2. | Definitions |
| Chapter II | Registration of Real Estate Project and Registration of Real Estate Agents |
| 3. | Prior Registration of Real Estate Project with Real Estate Regulatory Authority |
| 4. | Application for Registration of Real Estate Projects |
| 5. | Grant of Registration |
| 6. | Extension of Registration |
| 7. | Revocation of Registration |
| 8. | Obligation of Authority Consequent upon Lapse of or on Revocation of Registration |
| 9. | Registration of Real Estate Agents |
| 10. | Functions of Real Estate Agents |
| Chapter III | Functions and Duties of Promoter |
| 11. | Functions and Duties of Promoter |
| 12. | Obligations of Promoter Regarding Veracity of the Advertisement or Prospectus |
| 13. | No Deposit or advance to be taken by Promoter without First Entering Into Agreement for Sale |
| 14. | Adherence to Sanctioned Plans and Project Specifications by the Promoter |
| 15. | Obligations of Promoter in Case of Transfer of a Real Estate Project to a Third Party |
| 16. | Obligations of Promoter Regarding Insurance of Real Estate Project |
| 17. | Transfer of Title |
| 18. | Return of Amount and Compensation |
| ChapterIV | Rights and Duties of Allottees |
| 19. | Rights and Duties of Allottees |
| Chapter V | The Real Estate Regulatory Authority |
| 20. | Establishment and Incorporation of Real Estate Regulatory Authority |
| 21. | Composition of Authority |
| 22. | Qualifications of Chairperson and Members of Authority |
| 23. | Term of Office of Chairperson and Members |
| 24. | Salary and Allowances Payable to Chairperson and Members |
| 25. | Administrative Powers of Chairperson |
| 26. | Removal of Chairperson And Members from Office in Certain Circumstances |
| 27. | Restrictions on Chairperson or Members on Employment After Cessation of Office |
| 28. | Officers and Other Employees of Authority |
| 29. | Meetings of Authority |
| 30. | Vacancies, Etc., Not to Invalidate Proceeding of Authority |
| 31. | Filing of Complaints with the Authority or the Adjudicating Officer |
| 32. | Functions of Authority for Promotion of Real Estate Sector |
| 33. | Advocacy and Awareness Measures |
| 34. | Functions of Authority |
| 35. | Powers of Authority to Call for Information, Conduct Investigations |
| 36. | Power to Issue Interim Orders |
| 37. | Powers of Authority to Issue Directions |
| 38. | Powers of Authority |
| 39. | Rectification of Orders |
| 40. | Recovery of Interest or Penalty or Compensation and Enforcement of Order, Etc |
| Chapter VI | Central Advisory Council |
| 41. | Establishment of Central Advisory Council |
| 42. | Functions of Central Advisory Council |
| Chapter VII | The Real Estate Appellate Tribunal |
| 43. | Establishment of Real Estate Appellate Tribunal |
| 44. | Application for Settlement of Disputes and Appeals to Appellate Tribunal |
| 45. | Composition Of Appellate Tribunal |
| 46. | Qualifications for Appointment of Chairperson and Members |
| 47. | Term of Office of Chairperson and Members |
| 48. | Salary and Allowances Payable to Chairperson and Members |
| 49. | Removal of Chairperson and Member from Office in Certain Circumstances |
| 50. | Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on Employment After Cessation of Office |
| 51. | Officers and Other Employees of Appellate Tribunal |
| 52. | Vacancies |
| 53. | Powers of Tribunal |
| 54. | Administrative Powers of Chairperson of Appellate Tribunal |
| 55. | Vacancies, Etc., Not to Invalidate Proceeding of Appellate Tribunal |
| 56. | Right to Legal Representation |
| 57. | Orders Passed by Appellate Tribunal to be Executable as a Decree |
| 58. | Appeal to High Court |
| Chapter VIII | Offences, Penalties and Adjudication |
| 59. | Punishment for Nonregistration Under Section 3 |
| 60. | Penalty for Contravention of Section 4 |
| 61. | Penalty for Contravention of Other Provisions of this Act |
| 62. | Penalty for Nonregistration and Contravention Under Sections 9 and 10 |
| 63. | Penalty for Failure to Comply with Orders of Authority by Promoter |
| 64. | Penalty for Failure to Comply with Orders of Appellate Tribunal by Promoter |
| 65. | Penalty For Failure to Comply With Orders of Authority By Real Estate Agent |
| 66. | Penalty for Failure to Comply with Orders of Appellate Tribunal by Real Estate Agent |
| 67. | Penalty for Failure to Comply with Orders of Authority by Allottee |
| 68. | Penalty for Failure to Comply with Orders of Appellate Tribunal by Allottee |
| 69. | Offences by Companies |
| 70. | Compounding of Offences |
| 71. | Power to Adjudicate |
| 72. | Factors to be Taken into Account by the Adjudicating Officer |
| Chapter IX | Finance, Accounts, Audits and Reports |
| 73. | Grants and Loans By Central Government |
| 74. | Grants And Loans By State Government |
| 75. | Constitution of Fund |
| 76. | Crediting Sums Realised by way of Penalties to Consolidated Fund of India or State Account |
| 77. | Budget, Accounts and Audit |
| 78. | Annual Report |
| Chapter X | Miscellaneous |
| 79. | Bar of Jurisdiction |
| 80. | Cognizance of Offences |
| 81. | Delegation |
| 82. | Power of Appropriate Government to Supersede Authority |
| 83. | Powers of Appropriate Government to Issue Directions to Authority and Obtain Reports and Returns |
| 84. | Power of Appropriate Government to Make Rules |
| 85. | Power to Make Regulations |
| 86. | Laying of Rules |
| 87. | Members, Etc., to be Public Servants |
| 88. | Application of Other Laws not Barred |
| 89. | Act to Have Overriding Effect |
| 90. | Protection of Action Taken in Good Faith |
| 91. | Power to Remove Difficulties |
| 92. | Repeal |