Indian_Real_Estate_Law (2)

17.07.2022 Views

1THE REAL ESTATE (REGULATIONAND DEVELOPMENT) ACT, 2016MINISTRY OF LAW AND JUSTICE(Legislative Department)New Delhi, the 26th March, 2016/Chaitra6, 1938 (Saka)The following Act of Parliament receivedthe assent of the President on the 25th March,2016, and is hereby published for general information:—THE REAL ESTATE (REGULATIONAND DEVELOPMENT) ACT, 2016No. 16 oF 2016 [25th March, 2016.]An Act to establish the Real Estate RegulatoryAuthority for regulation and promotionof the real estate sector and to ensure sale ofplot, apartment or building, as the case maybe, or sale of real estate project, in an efficientand transparent manner and to protectthe interest of consumers in the real estate sectorand to establish an adjudicating mechanismfor speedy dispute redressal and also toestablish the Appellate Tribunal to hear appealsfrom the decisions, directions or ordersof the Real Estate Regulatory Authority andthe adjudicating officer and for matters connectedtherewith or incidental thereto.BE it enacted by Parliament in the SixtyseventhYear of the Republic of India as follows:—1.1 CHAPTER I PRE-LIMINARY1.1.1 Short title, extent andcommencement1. (1) This Act may be called the Real Estate(Regulation and Development) Act, 2016. —(2) It extends to the whole of India except theState of Jammu and Kashmir.(3) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint:Provided that different dates may be appointedfor different provisions of this Act andany reference in any such provision to the commencementof this Act shall be construed as areference to the coming into force of that provision.1.1.2 Definitions2. In this Act, unless the context otherwiserequires, —(a) “adjudicating officer" means the adjudicatingofficer appointed under sub-section (1)of section 71;(b) "advertisement" means any documentdescribed or issued as advertisement throughany medium and includes any notice, circularor other documents or publicity in any form,informing persons about a real estate project,or offering for sale of a plot, building or apartmentor inviting persons to purchase in anymanner such plot, building or apartment or to3

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THE REAL ESTATE (REGULATION

AND DEVELOPMENT) ACT, 2016

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 26th March, 2016/Chaitra

6, 1938 (Saka)

The following Act of Parliament received

the assent of the President on the 25th March,

2016, and is hereby published for general information:—

THE REAL ESTATE (REGULATION

AND DEVELOPMENT) ACT, 2016

No. 16 oF 2016 [25th March, 2016.]

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 Sixtyseventh

Year of the Republic of India as follows:—

1.1 CHAPTER I PRE-

LIMINARY

1.1.1 Short title, extent and

commencement

1. (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.

1.1.2 Definitions

2. In this Act, unless the context otherwise

requires, —

(a) “adjudicating officer" means the adjudicating

officer appointed under sub-section (1)

of section 71;

(b) "advertisement" means any document

described or issued as advertisement through

any medium and includes any notice, circular

or other documents or publicity in any form,

informing persons about a real estate project,

or offering for sale of a plot, building or apartment

or inviting persons to purchase in any

manner such plot, building or apartment or to

3

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