Indian_Real_Estate_Law (2)
Indian Real Estate Laws 101.2.3 Extension of registration.6. The registration granted under section 5may be extended by the Authority on an applicationmade by the promoter due to forcemajeure, in such form and on payment of suchfee as may be specified by regulations made bythe Authority:Provided that the Authority may in reasonablecircumstances, without default on thepart of the promoter, based on the facts ofeach case, and for reasons to be recorded inwriting, extend the registration granted to aproject for such time as it considers necessary,which shall, in aggregate, not exceed a periodof one year:Provided further that no application forextension of registration shall be rejected unlessthe applicant has been given an opportunityof being heard in the matter.Explanation.— For the purpose of this section,the expression "force majeure" shall meana case of war, flood, drought, fire, cyclone,earthquake or any other calamity caused bynature affecting the regular development of thereal estate project.1.2.4 Revocation of registration.7. (1) The Authority may, on receipt of a complaintor suo motu in this behalf or on therecommendation of the competent authority,revoke the registration granted under section5, after being satisfied that—(a) the promoter makes default in doinganything required by or under this Act or therules or the regulations made thereunder;(b) the promoter violates any of the termsor conditions of the approval given by the competentauthority;(c) the promoter is involved in any kind ofunfair practice or irregularities.Explanation.—For the purposes of thisclause, the term "unfair practice means" apractice which, for the purpose of promotingthe sale or development of any real estateproject adopts any unfair method or unfair ordeceptive practice including any of the followingpractices, namely:—(A) the practice of making any statement,whether in writing or by visible representationwhich,—(i) falsely represents that the services areof a particular standard or grade;(ii) represents that the promoter has approvalor affiliation which such promoter doesnot have;(iii) makes a false or misleading representationconcerning the services;(B) the promoter permits the publicationof any advertisement or prospectus whetherin any newspaper or otherwise of services thatare not intended to be offered;(d) the promoter indulges in any fraudulentpractices.(2) The registration granted to the promoterunder section 5 shall not be revoked unlessthe Authority has given to the promoternot less than thirty days notice, in writing,stating the grounds on which it is proposedto revoke the registraton, and has consideredany cause shown by the promoter within theperiod of that notice against the proposed revocation.(3) The Authority may, instead of revokingthe registration under sub-section (1), permitit to remain in force subject to such furtherterms and conditions as it thinks fit to imposein the interest of the allottees, and anysuch terms and conditions so imposed shall bebinding upon the promoter.(4) The Authority, upon the revocation ofthe registration,—(a) shall debar the promoter from accessingits website in relation to that project andspecify his name in the list of defaulters anddisplay his photograph on its website and alsoinform the other Real Estate Regulatory Authorityin other States and Union territoriesabout such revocation or registration;(b) shall facilitate the remaining developmentworks to be carried out in accordancewith the provisions of section 8;(c) shall direct the bank holding theproject back account, specified under subclause(D) of clause (1) of sub-section (2) ofsection 4, to freeze the account, and thereaftertake such further necessary actions, includingconsequent de-freezing of the said account, to-1.2 1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
11 Indian Real Estate Lawswards facilitating the remaining developmentworks in accordance with the provisions of section8;(d) may, to protect the interest of allotteesor in the public interest, issue such directionsas it may deem necessary.1.2.5 Obligation of Authorityconsequent upon lapse ofor on revocation of registration.8. Upon lapse of the registration or on revocationof the registration under this Act, theAuthority, may consult the appropriate Governmentto take such action as it may deemfit including the carrying out of the remainingdevelopment works by competent authority orby the association of allottees or in any othermanner, as may be determined by the Authority:Provided that no direction, decision or orderof the Authority under this section shalltake effect until the expiry of the period of appealprovided under the provisions of this Act:Provided further that in case of revocationof registration of a project under this Act, theassociation of allottees shall have the first rightof refusal for carrying out of the remaining developmentworks.1.2.6 Registration of real estateagents9. (1) No real estate agent shall facilitate thesale or purchase of or act on behalf of any personto facilitate the sale or purchase of anyplot, apartment or building, as the case maybe, ina real estate project or part of it, beingthe part of the real estate project registeredunder section 3, being sold by the promoter inany planning area, without obtaining registrationunder this section.(2) Every real estate agent shall make anapplication to the Authority for registration insuch form, manner, within such time and accompaniedby such fee and documents as maybe prescribed.(3) The Authority shall, within such period,in such manner and upon satisfying itselfof the fulfillment of such conditions, as may beprescribed—(a) grant a single registration to the realestate agent for the entire State of Union territory,as the case may be;(b) reject the application for reasons to berecorded in writing, if such application doesnot conform to the provisions of the Act orthe rules or regulations made thereunder:Provided that no application shall be rejectedunless the applicant has been given anopportunity of being heard in the matter.(4) Whereon the completion of the periodspecified under sub-section (3), if the applicantdoes not receive any communication about thedeficiencies in his application or the rejectionof his application, he shall be deemed to havebeen registered.(5) Every real estate agent who is registeredas per the provisions of this Act or therules and regulations made thereunder, shallbe granted a registration number by the Authority,which shall be quoted by the real estateagent in every sale facilitated by him underthis Act.(6) Every registration shall be valid forsuch period as may be prescribed, and shallbe renewable for a period in such manner andon payment of such fee as may be prescribed.1.2.7 Revocation of registration.(7) Where any real estate agent who has beengranted registration under this Act commitsbreach of any of the conditions thereof orany other terms and conditions specified underthis Act or any rules or regulations madethereunder, or where the Authority is satisfiedthat such registration has been secured by thereal estate agent through misrepresentation orfraud, the Authority may, without prejudiceto any other provisions under this Act, revokethe registration or suspend the same for suchperiod as it thinks fit:Provided that no such revocation or suspensionshall be made by the Authority unlessan opportunity of being heard has been given1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 1.2
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11 Indian Real Estate Laws
wards facilitating the remaining development
works in accordance with the provisions of section
8;
(d) may, to protect the interest of allottees
or in the public interest, issue such directions
as it may deem necessary.
1.2.5 Obligation of Authority
consequent upon lapse of
or on revocation of registration.
8. Upon lapse of the registration or on revocation
of the registration under this Act, the
Authority, may consult the appropriate Government
to take such action as it may deem
fit including the carrying out of the remaining
development works by competent authority or
by the association of allottees or in any other
manner, as may be determined by the Authority:
Provided that no direction, decision or order
of the Authority under this section shall
take effect until the expiry of the period of appeal
provided under the provisions of this Act:
Provided further that in case of revocation
of registration of a project under this Act, the
association of allottees shall have the first right
of refusal for carrying out of the remaining development
works.
1.2.6 Registration of real estate
agents
9. (1) No real estate agent shall facilitate the
sale or purchase of or act on behalf of any person
to facilitate the sale or purchase of any
plot, apartment or building, as the case may
be, ina real estate project or part of it, being
the part of the real estate project registered
under section 3, being sold by the promoter in
any planning area, without obtaining registration
under this section.
(2) Every real estate agent shall make an
application to the Authority for registration in
such form, manner, within such time and accompanied
by such fee and documents as may
be prescribed.
(3) The Authority shall, within such period,
in such manner and upon satisfying itself
of the fulfillment of such conditions, as may be
prescribed—
(a) grant a single registration to the real
estate agent for the entire State of Union territory,
as the case may be;
(b) reject the application for reasons to be
recorded in writing, if such application does
not conform to the provisions of the Act or
the rules or regulations made thereunder:
Provided that no application shall be rejected
unless the applicant has been given an
opportunity of being heard in the matter.
(4) Whereon the completion of the period
specified under sub-section (3), if the applicant
does not receive any communication about the
deficiencies in his application or the rejection
of his application, he shall be deemed to have
been registered.
(5) Every real estate agent who is registered
as per the provisions of this Act or the
rules and regulations made thereunder, shall
be granted a registration number by the Authority,
which shall be quoted by the real estate
agent in every sale facilitated by him under
this Act.
(6) Every registration shall be valid for
such period as may be prescribed, and shall
be renewable for a period in such manner and
on payment of such fee as may be prescribed.
1.2.7 Revocation of registration.
(7) Where any real estate agent who has been
granted registration under this Act commits
breach of any of the conditions thereof or
any other terms and conditions specified under
this Act or any rules or regulations made
thereunder, or where the Authority is satisfied
that such registration has been secured by the
real estate agent through misrepresentation or
fraud, the Authority may, without prejudice
to any other provisions under this Act, revoke
the registration or suspend the same for such
period as it thinks fit:
Provided that no such revocation or suspension
shall be made by the Authority unless
an opportunity of being heard has been given
1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 1.2