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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35 Indian Real Estate Laws
of, the Chairperson and other Members of the
Authority under sub-section (1) of section 24;
(n) the administrative powers of the Chairpersons
under section 25;
(o) the salaries and allowances payable to,
and the other terms and conditions of service
of, the officers and other employees of the Authority
under sub-section (2) of section 28;
(p) the details to be published on the website
as under clause (b) and under clause (d)
of section 34;
(q) the additional functions which may be
performed 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 the
order, direction or decisions of the adjudicating
officer, the Authority or the Appellate Tribunal
under sub-section (2) of section 40;
(t) recommendations received from the
Central Advisory Council under sub-section
(2) of section 42;
(uw) the form and manner and fee for filling
of appeal under sub-section (2) of section
44;
(v) the manner of selection of Members of
the Tribunal under sub-section (3) of section
46;
Gy) the salaries and allowances payable to,
and the other terms and conditions of service
of, the Chairperson and other Members of the
Appellate Tribunal under sub-section (/) of
section 48;
(x) the procedure for inquiry of the charges
against the Chairperson or Judicial Member of
the Tribunal under sub-section (4) of section
49;
(y) the salaries and allowances payable to,
and the other terms and conditions of service
of, the officers and employees of the Appellate
Tribunal under sub-section (3) of section 51;
(z) any other powers of the Tribunal under
clause (/) of sub-section (4) of section 53;
(za) the powers of the Chairperson of the
Appellate Tribunal under section 54;
(zb) the terms and conditions and the payment
of such sum for compounding of the offences
under section 70;
(ze) the manner of inquiry under subsection
(/) of section 71;
(zd) the form to be specified in which the
Authority shall prepare a budget, maintain
proper accounts and other relevant records
and prepare an annual statement of accounts
under sub-section (/) of section 77;
(ze) the form in which and time at which
the Authority shall prepare an annual report
under sub-section (/) of section 78;
(zf) any other matter which is to be, or may
be, prescribed, or in respect of which provision
is to be made, by rules.
1.10.7 Power to make regulations
85. (1) The Authority shall, within a period
of three months of its establishment, by notification,
make regulations, consistent with this
Act and the rules made thereunder to carry
out the purposes of this Act.
(2) In particular, and without prejudice to
the generality of the foregoing power, such regulations
may provide for all or any of the following
matters, namely:—
(a) the form and manner of making application
and fee payable herewith under subsection
(1) of section 4;
(b) the form of application and the fees for
extension of registration under section 6;
(c) such other information and documents
required under clause (f) of sub-section (/) of
section 11;
(d) display of sanctioned plans, layout
plans along with specifications, approved by
the competent authority, for display under
clause (a) of sub-section (3) of section 11;
(e) preparation and maintenance of other
details under sub-section (6) of section 11;
(f) time, places and the procedure in regard
to transaction of business at the meetings of
the Authority under sub-section (/) of section
29;
(g) the form, manner and fees for filing a
complaint under sub-section (2) of section 31;
(h) standard fees to be levied on the promoter,
the allottees or the real estate agent
under clause (e) of section 34;
1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 1.10