Indian_Real_Estate_Law (2)
Indian Real Estate Laws 34cised and discharged by the person or personsreferred to in sub-section (/); and(c) all properties owned or controlled bythe Authority shall, until the Authority is reconstitutedunder sub-section (3), vest in theappropriate Government.(3) On or before the expiration of the periodof supersession specified in the notificationissued under sub-section (/), the appropriateGovernment shall reconstitute the Authorityby a fresh appointment of its Chairpersonand other members and in such case anyperson who had vacated his office under clause(a) of sub-section (2) shall not be deemed tobe disqualified for re-appointment.(4) The appropriate Government shallcause a copy of the notification issued undersub-section (/) and a full report of any actiontaken under this section and the circumstancesleading to such action to be laid before eachHouse of Parliament or, as the case may be,before the State Legislature, or the Union TerritoryLegislature, as the case may be, where itconsists of two Houses, or where such legislatureconsists of one House, before that House.1.10.5 Powers of appropriateGovernment to issue directionsto Authority andobtain reports and returns83. (1) Without prejudice to the foregoingprovisions of this Act, the Authority shall, inexercise of its powers and in performance ofits functions under this Act, be bound by suchdirections on questions of policy, as the appropriateGovernment may give in writing toit from time to time :Provided that the Authority shall, as faras practicable, be given an opportunity to expressits views before any direction is givenunder this sub-section.(2) If any dispute arises between the appropriateGovernment and the Authority asto whether a question is or is not a questionof policy, the decision of the appropriate Governmentthereon shall be final.(3) The Authority shall furnish to the appropriateGovernment such returns or otherinformation with respect to its activities asthe appropriate Government may, from timeto time, require.1.10.6 Power of appropriateGovernment to makerules84. (1) The appropriate Government shall,within a period of six months of theappropriate commencement of this Act, bynotification, make rules for carrying out theprovisions of this Government Act. to makerules. (2) In particular, and without prejudiceto the generality of the foregoing power, suchrules may provide for all or any of the followingmatters, namely:—(a) information and documents for applicationto Authority for registration under clause(m) of sub-section (2) of section 4;(b) the form and manner of making applicationand fee and documents to be accompaniedwith such application as under subsection(2) of section 9;(c) the period, manner and conditions underwhich the registration is to be granted undersub-section (3) of section 9;(d) the validity of the period of registrationand the manner and fee for renewal under subsection(6) of section 9;(e) the maintenance and preservation ofbooks of account, records and documents underclause (b) of section 10;(f) the discharge of other functions by thereal estate agent under clause (e) of section 10;(g) the rate of interest payable under section12;(h) the form and particulars of agreementfor sale under sub-section (2) of section 13;(i) the rate of interest payable under clause(b) of sub-section (/) of section 18; (j) the rateof interest payable under sub-section (4) of section19; (k) the rate of interest payable undersub-section (7) of section 19;(l) the manner of selection of Chairpersonand Members of Authority under section 22;(m) the salaries and allowances payable to,and the other terms and conditions of service1.10 1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
35 Indian Real Estate Lawsof, the Chairperson and other Members of theAuthority under sub-section (1) of section 24;(n) the administrative powers of the Chairpersonsunder section 25;(o) the salaries and allowances payable to,and the other terms and conditions of serviceof, the officers and other employees of the Authorityunder sub-section (2) of section 28;(p) the details to be published on the websiteas under clause (b) and under clause (d)of section 34;(q) the additional functions which may beperformed by the Authority under clause (iv)of sub-section (2) of section 35;(r) the manner of recovery of interest,penalty and compensation under sub-section(1) of section 40;(s) the manner of implementation of theorder, direction or decisions of the adjudicatingofficer, the Authority or the Appellate Tribunalunder sub-section (2) of section 40;(t) recommendations received from theCentral Advisory Council under sub-section(2) of section 42;(uw) the form and manner and fee for fillingof appeal under sub-section (2) of section44;(v) the manner of selection of Members ofthe Tribunal under sub-section (3) of section46;Gy) the salaries and allowances payable to,and the other terms and conditions of serviceof, the Chairperson and other Members of theAppellate Tribunal under sub-section (/) ofsection 48;(x) the procedure for inquiry of the chargesagainst the Chairperson or Judicial Member ofthe Tribunal under sub-section (4) of section49;(y) the salaries and allowances payable to,and the other terms and conditions of serviceof, the officers and employees of the AppellateTribunal under sub-section (3) of section 51;(z) any other powers of the Tribunal underclause (/) of sub-section (4) of section 53;(za) the powers of the Chairperson of theAppellate Tribunal under section 54;(zb) the terms and conditions and the paymentof such sum for compounding of the offencesunder section 70;(ze) the manner of inquiry under subsection(/) of section 71;(zd) the form to be specified in which theAuthority shall prepare a budget, maintainproper accounts and other relevant recordsand prepare an annual statement of accountsunder sub-section (/) of section 77;(ze) the form in which and time at whichthe Authority shall prepare an annual reportunder sub-section (/) of section 78;(zf) any other matter which is to be, or maybe, prescribed, or in respect of which provisionis to be made, by rules.1.10.7 Power to make regulations85. (1) The Authority shall, within a periodof three months of its establishment, by notification,make regulations, consistent with thisAct and the rules made thereunder to carryout the purposes of this Act.(2) In particular, and without prejudice tothe generality of the foregoing power, such regulationsmay provide for all or any of the followingmatters, namely:—(a) the form and manner of making applicationand fee payable herewith under subsection(1) of section 4;(b) the form of application and the fees forextension of registration under section 6;(c) such other information and documentsrequired under clause (f) of sub-section (/) ofsection 11;(d) display of sanctioned plans, layoutplans along with specifications, approved bythe competent authority, for display underclause (a) of sub-section (3) of section 11;(e) preparation and maintenance of otherdetails under sub-section (6) of section 11;(f) time, places and the procedure in regardto transaction of business at the meetings ofthe Authority under sub-section (/) of section29;(g) the form, manner and fees for filing acomplaint under sub-section (2) of section 31;(h) standard fees to be levied on the promoter,the allottees or the real estate agentunder clause (e) of section 34;1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 1.10
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Indian Real Estate Laws 34
cised and discharged by the person or persons
referred to in sub-section (/); and
(c) all properties owned or controlled by
the Authority shall, until the Authority is reconstituted
under sub-section (3), vest in the
appropriate Government.
(3) On or before the expiration of the period
of supersession specified in the notification
issued under sub-section (/), the appropriate
Government shall reconstitute the Authority
by a fresh appointment of its Chairperson
and other members and in such case any
person who had vacated his office under clause
(a) of sub-section (2) shall not be deemed to
be disqualified for re-appointment.
(4) The appropriate Government shall
cause a copy of the notification issued under
sub-section (/) and a full report of any action
taken under this section and the circumstances
leading to such action to be laid before each
House of Parliament or, as the case may be,
before the State Legislature, or the Union Territory
Legislature, as the case may be, where it
consists of two Houses, or where such legislature
consists of one House, before that House.
1.10.5 Powers of appropriate
Government to issue directions
to Authority and
obtain reports and returns
83. (1) Without prejudice to the foregoing
provisions of this Act, the Authority shall, in
exercise of its powers and in performance of
its functions under this Act, be bound by such
directions on questions of policy, as the appropriate
Government may give in writing to
it from time to time :
Provided that the Authority shall, as far
as practicable, be given an opportunity to express
its views before any direction is given
under this sub-section.
(2) If any dispute arises between the appropriate
Government and the Authority as
to whether a question is or is not a question
of policy, the decision of the appropriate Government
thereon shall be final.
(3) The Authority shall furnish to the appropriate
Government such returns or other
information with respect to its activities as
the appropriate Government may, from time
to time, require.
1.10.6 Power of appropriate
Government to make
rules
84. (1) The appropriate Government shall,
within a period of six months of the
appropriate commencement of this Act, by
notification, make rules for carrying out the
provisions of this Government Act. to make
rules. (2) In particular, and without prejudice
to the generality of the foregoing power, such
rules may provide for all or any of the following
matters, namely:—
(a) information and documents for application
to Authority for registration under clause
(m) of sub-section (2) of section 4;
(b) the form and manner of making application
and fee and documents to be accompanied
with such application as under subsection
(2) of section 9;
(c) the period, manner and conditions under
which the registration is to be granted under
sub-section (3) of section 9;
(d) the validity of the period of registration
and the manner and fee for renewal under subsection
(6) of section 9;
(e) the maintenance and preservation of
books of account, records and documents under
clause (b) of section 10;
(f) the discharge of other functions by the
real estate agent under clause (e) of section 10;
(g) the rate of interest payable under section
12;
(h) the form and particulars of agreement
for sale under sub-section (2) of section 13;
(i) the rate of interest payable under clause
(b) of sub-section (/) of section 18; (j) the rate
of interest payable under sub-section (4) of section
19; (k) the rate of interest payable under
sub-section (7) of section 19;
(l) the manner of selection of Chairperson
and Members of Authority under section 22;
(m) the salaries and allowances payable to,
and the other terms and conditions of service
1.10 1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016