Indian_Real_Estate_Law (2)
Indian Real Estate Laws 36@) any other matter which is required tobe, or may be, specified by regulation or inrespect of which provision is to be made byregulations.1.10.8 Laying of rules86. (1) Every rule made by the Central Government,every regulation made by the Authorityunder the Union terriotry of Delhi andthe Union territories without Legislature andevery notification issued by the Central Governmentunder this Act shall be laid, as soonas may be after it is made, before each Houseof Parliament, while it is in session, for a totalperiod of thirty days which may be comprisedin one session or in two or more successive sessions,and if, before the expiry of the sessionimmediately following the session or the successivesessions aforesaid, both Houses agreein making any modification in the rule of regulationor in the notification, as the case maybe, or both Houses agree that the rule or regulationor the notification should not be made,the rule or regulation or notification, as thecase may be, shall thereafter have effect onlyin such modified form or be of no effect, as thecase may be; so, however, that any such modificationor annulment shall be without prejudiceto the validity of anything previously doneunder that rule or regulation or notification, asthe case may be.(2) Every rule made by a State Governmentor the Union territory Government, asthe case may be, every regulation made by theAuthority under the State Government or theUnion territory Government of Puducherry, asthe case may be, and every notification issuedby the State Government or the Union territoryGovernment of Puducherry, as the casemay be, under this Act, shall be laid as soonas may be, after it is made, before the StateLegislature, or the Union territory Legislature,as the case may be, where it consists of twoHouses, or where such legislature consists ofone House, before that House.1.10.9 Members, etc. to be publicservants87. The Chairperson, Members and other officersand employees of the Authority, and theAppellate Tribunal and the adjudicating officershall be deemed to be public servantswithin the meaning of section 21 of the IndianPenal Code.1.10.10 Application of otherlaws not barred88. The provisions of this Act shall be in additionto, and not in derogation of, the provisionsof any other law for the time being inforce.1.10.11 Act to have overridingeffect89. The provisions of this Act shall have effect,notwithstanding anything inconsistent therewithcontained in any other law for the timebeing in force.1.10.12 Protection of actiontaken in good faith90. No suit, prosecution or other legal proceedingsshall lie against the appropriate Governmentor the Authority or any officer of theappropriate Government or any member, officeror other employees of the Authority foranything which is in good faith done or intendedto be done under this Act or the rulesor regulations made thereunder.1.10.13 Power to remove difficulties91. (1) If any difficulty arises in giving effect tothe provisions of this Act, the Central Governmentmay, by order, published in the OfficialGazette, make such provisions not inconsistentwith the provisions of this Act as may appearto be necessary for removing the difficulty:Provided that no order shall be made underthis section after the expiry of two years1.10 1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
37 Indian Real Estate Lawsfrom the date of the commencement of thisAct.(2) Every order made under this sectionshall be laid, as soon as may be after it ismade, before each House of Parliament.45 of 1860. Sec. 1] THE GAZETTE OFINDIA EXTRAORDINARY 371.10.14 Maharashtra Act No. IIof 201492. The Maharashtra Housing (Regulationand Development) Act, 2012 is hereby Repeal.Act No. II of repealed.DR. REETA VASISHTA,Additional Secy. to the Govt. of India.1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 1.10
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Indian Real Estate Laws 36
@) any other matter which is required to
be, or may be, specified by regulation or in
respect of which provision is to be made by
regulations.
1.10.8 Laying of rules
86. (1) Every rule made by the Central Government,
every regulation made by the Authority
under the Union terriotry of Delhi and
the Union territories without Legislature and
every notification issued by the Central Government
under this Act shall be laid, as soon
as may be after it is made, before each House
of Parliament, while it is in session, for a total
period of thirty days which may be comprised
in one session or in two or more successive sessions,
and if, before the expiry of the session
immediately following the session or the successive
sessions aforesaid, both Houses agree
in making any modification in the rule of regulation
or in the notification, as the case may
be, or both Houses agree that the rule or regulation
or the notification should not be made,
the rule or regulation or notification, as the
case may be, shall thereafter have effect only
in such modified form or be of no effect, as the
case may be; so, however, that any such modification
or annulment shall be without prejudice
to the validity of anything previously done
under that rule or regulation or notification, as
the case may be.
(2) Every rule made by a State Government
or the Union territory Government, as
the case may be, every regulation made by the
Authority under the State Government or the
Union territory Government of Puducherry, as
the case may be, and every notification issued
by the State Government or the Union territory
Government of Puducherry, as the case
may be, under this Act, shall be laid as soon
as may be, after it is made, 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.
1.10.9 Members, etc. to be public
servants
87. The Chairperson, Members and other officers
and employees of the Authority, and the
Appellate Tribunal and the adjudicating officer
shall be deemed to be public servants
within the meaning of section 21 of the Indian
Penal Code.
1.10.10 Application of other
laws not barred
88. The provisions of this Act shall be in addition
to, and not in derogation of, the provisions
of any other law for the time being in
force.
1.10.11 Act to have overriding
effect
89. The provisions of this Act shall have effect,
notwithstanding anything inconsistent therewith
contained in any other law for the time
being in force.
1.10.12 Protection of action
taken in good faith
90. No suit, prosecution or other legal proceedings
shall lie against the appropriate Government
or the Authority or any officer of the
appropriate Government or any member, officer
or other employees of the Authority for
anything which is in good faith done or intended
to be done under this Act or the rules
or regulations made thereunder.
1.10.13 Power to remove difficulties
91. (1) If any difficulty arises in giving effect to
the provisions of this Act, the Central Government
may, by order, published in the Official
Gazette, make such provisions not inconsistent
with the provisions of this Act as may appear
to be necessary for removing the difficulty:
Provided that no order shall be made under
this section after the expiry of two years
1.10 1. THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016