Indian_Real_Estate_Law (2)
Indian Real Estate Laws 50rent allowance admissible to the Chief Secretaryto the Government and Secretary to Governmentrespectively.NotwithstandingTelephone facilities(9) The Chairperson or Members of the Authorityshall be entitled to telephone facilitiesas admissible to the Chief Secretary and Secretaryof the State Government respectively.Other allowance(10) The Chairperson and Members of theAuthority shall be entitled to such other allowanceas are applicable to Chief Secretaryor Secretary respectively in the State Government.Notwithstanding(11) the provisions contained in this rule if theChairperson or the Member is a serving officerof the State or Central Government, his entitlementshall be higher of those admissible tohim under the applicable service rule.2.7.2 Tenure of office20. (1) The Chairperson and every Membershall, unless removed from office under subsection(1) of section 26, hold office for a periodnot exceeding five years from the date hetakes charge of the office in that capacity, ortill the age of sixty five years, whichever is earlier.(2) When the Chairperson is unable to dischargehis functions owing to absence, illnessor any other cause, the senior-most (in orderof appointment) Member of the Real EstateRegulatory Authority holding office for thetime being shall discharge the functions of theChairperson until the day on which the Chairpersonresumes the charge of his functions.(3) If a vacancy occurs in the office of theChairperson by reason of his death or resignationor by removal the State Governmentshall nominate Senior most Member as per seniorityof date of appointment to act as theChairperson and the Member so nominatedshall hold office of the Chairperson until thevacancy is filled by a fresh appointment undersub-section (3) of Section 24 of the Act. Tillthat period the senior-most (in order of appointment)Member of the Real Estate RegulatoryAuthority holding office for the time beingshall discharge the functions of the Chairpersonuntil the day on which the Chairpersonresumes the charge of his functions.2.7.3 Oath of Office andSecrecy.-21. (1) Every person appointed to be Chairpersonand Member shall, before enteringupon their office, make and subscribe to anOath of Office and of Secrecy in the Forms-‘L’and “M’, respectively.(2) Before appointment, the Chairpersonand the Member shall have to give an undertakingthat he does not and will not have anysuch financial or other interest as is likely toaffect prejudicially his functions as such Chairpersonor Member.2.7.4 Administrative powers ofthe Chairperson of theregulatory authority.-22. Subject to the provisions of the Act, theadministrative powers of the Chairperson ofthe regulatory authority shall include makingdecisions with regard to the following;namely:-(a) all matters pertaining to staff strength,wages and salaries structures, emoluments,perquisites and personnel policies withprior approval from the State Government;(b) all matters pertaining to creation andabolition of posts with prior approval from theStateGovernment;(c) all matter pertaining to appointments,promotions and confirmation for all posts withprior approval of the State Government;(d) acceptance of resignations by anyMember, officer or employee;(e) officiating against sanctioned posts;() authorization of tours to be undertakenby any Member, officer or employee within and2.7 2. RERA KARNATAKA RULES 2017
51 Indian Real Estate Lawsoutside India and allowance to be grantedfor the same;(g) authorization of tours to be undertakenby any Member, officer or employee outside Indiaand allowance to be granted for the samewith prior approval from the State Government;(h) all matters in relation to reimbursementof medical claims;(j) all matters in relation to grant or rejectionof leaves;(j) | permission for hiring of vehicles forofficial use;(k) nominations for attending seminars,conferences and training courses in India orabroadas per clause (f) and(g);() permission for invitation of guests tocarry out training course;(m) all matters pertaining to staff welfareexpenses;(n) sanction scrapping or write-off of capitalassets which due to normal wear and tearhavebecome unserviceable or are considered beyondeconomical repairs; and(o) all matters relating to disciplinary actionagainst any Member, officer or employee;(2) The Chairman of the Authority shallalso exercise such other powers that may berequired for the efficient functioning of the Authorityand enforcement of the provisions ofthe Act and the rules and regulations madethereunder.2.8 CHAPTER VIIIPOWERS AND FUNC-TIONS OF THE AU-THORITY2.8.1 Functioning of the Authority23. (1) The office of the regulatory authorityshall be located at Bengaluru or at such placeas may be determined by the State Governmentby notification.(2) The working days and office hours ofthe regulatory authority shall be the same asthat of the State Government.(3) The official common seal and emblemof the regulatory authority shall be such as theState Government may specify.(4) Every notice, order and direction of theAuthority shall bear the seal of the Authoritywhich shall be in custody with the person designatedby the Chairperson.(5) The Authority shall ordinarily have sittingsat its headquarters and at such otherplaces as the Chairperson may by general orspecial order specify.2.8.2 Additional powers of theAuthority24.(1) In addition to the powers specified insub- section (2) of section 35 the regulatoryauthority shall have the following additionalpowers, namely:- (a) require the promoter, allotteeor real estate agent to furnish in writingsuch information or explanation or producesuch documents within such reasonabletime, as it may deemnecessary; and(b) requisitioning, subject to the provisionsof sections 123 and 124 of the Indian EvidenceAct, 1872 (Central Act 1 of 1872), any publicrecord or document or copy of such record ordocument from any office.(2) The regulatory authority may call uponsuch experts or consultants from the fields ofeconomics, commerce, accountancy, real estate,competition, construction, architectureor engineering or from any other discipline asit deems necessary, to assist the regulatory authorityin the conduct of any inquiry or proceedingsbefore it.(3) The Authority may in the interest ofthe allottees, enquire into the payment ofamounts imposed as penalty, interest or compensation,paid or payable by the promoter, inorder to ensure that the promoter has not:(a) withdrawn the said amounts from theaccount maintained as provided under subclause(D) of clause (1) of sub-section (2) ofsection 4; or2. RERA KARNATAKA RULES 2017 2.8
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51 Indian Real Estate Laws
outside India and allowance to be granted
for the same;
(g) authorization of tours to be undertaken
by any Member, officer or employee outside India
and allowance to be granted for the same
with prior approval from the State Government;
(h) all matters in relation to reimbursement
of medical claims;
(j) all matters in relation to grant or rejection
of leaves;
(j) | permission for hiring of vehicles for
official use;
(k) nominations for attending seminars,
conferences and training courses in India or
abroad
as per clause (f) and(g);
() permission for invitation of guests to
carry out training course;
(m) all matters pertaining to staff welfare
expenses;
(n) sanction scrapping or write-off of capital
assets which due to normal wear and tear
have
become unserviceable or are considered beyond
economical repairs; and
(o) all matters relating to disciplinary action
against any Member, officer or employee;
(2) The Chairman of the Authority shall
also exercise such other powers that may be
required for the efficient functioning of the Authority
and enforcement of the provisions of
the Act and the rules and regulations made
thereunder.
2.8 CHAPTER VIII
POWERS AND FUNC-
TIONS OF THE AU-
THORITY
2.8.1 Functioning of the Authority
23. (1) The office of the regulatory authority
shall be located at Bengaluru or at such place
as may be determined by the State Government
by notification.
(2) The working days and office hours of
the regulatory authority shall be the same as
that of the State Government.
(3) The official common seal and emblem
of the regulatory authority shall be such as the
State Government may specify.
(4) Every notice, order and direction of the
Authority shall bear the seal of the Authority
which shall be in custody with the person designated
by the Chairperson.
(5) The Authority shall ordinarily have sittings
at its headquarters and at such other
places as the Chairperson may by general or
special order specify.
2.8.2 Additional powers of the
Authority
24.(1) In addition to the powers specified in
sub- section (2) of section 35 the regulatory
authority shall have the following additional
powers, namely:- (a) require the promoter, allottee
or real estate agent to furnish in writing
such information or explanation or produce
such documents within such reasonable
time, as it may deem
necessary; and
(b) requisitioning, subject to the provisions
of sections 123 and 124 of the Indian Evidence
Act, 1872 (Central Act 1 of 1872), any public
record or document or copy of such record or
document from any office.
(2) The regulatory authority may call upon
such experts or consultants from the fields of
economics, commerce, accountancy, real estate,
competition, construction, architecture
or engineering or from any other discipline as
it deems necessary, to assist the regulatory authority
in the conduct of any inquiry or proceedings
before it.
(3) The Authority may in the interest of
the allottees, enquire into the payment of
amounts imposed as penalty, interest or compensation,
paid or payable by the promoter, in
order to ensure that the promoter has not:
(a) withdrawn the said amounts from the
account maintained as provided under subclause
(D) of clause (1) of sub-section (2) of
section 4; or
2. RERA KARNATAKA RULES 2017 2.8