Indian_Real_Estate_Law (2)
Indian Real Estate Laws 58(2) The Chairperson and every other Membersshall be entitled to thirty days of earnedleave for every year of service.(3) The other allowances and conditions ofservice of the Chairperson and the whole-timeMember shall be as admissible to a Judge ofHigh Court or Principal Secretary of the StateGovernment as the case may be:Provided that, such entitlement shall notbe less than what he is otherwise eligible incase of serving Government servant.(4) The term of office of the Chairpersonand the Members shall be such as provided inSection 47.2.11.6 Retirement from GovernmentService37. A person in the service of the Government,on his selection as a Member of the RegulatoryAuthority or Appellate Tribunal, shall have toretire from service before entering upon his officeas a Member.2.11.7 Oath of Office and Secrecy38. Every person appointed as the Chairpersonor a Member shall, before entering uponhis office, make and subscribe an oath of officeand secrecy, in Form-‘P’ and Form-‘Q’ respectivelyannexed to these rules.2.11.8 Declaration of financialor other interest39. Every person, on his appointment as theChairperson or Member, as the case may be,shall have to give an undertaking that he doesnot and will not have any such financial orother interest as is likely to affect prejudiciallyhis functions as such Chairperson or Member.2.11.9 Residuary provision.-40. Matters relating to the terms and conditionsof service of the Chairperson or Memberwith respect to which no express provision hasbeen made in these rules, shall be referred bythe Appellate Tribunal to the State Governmentfor its decision.2.11.10 Categories of Officersand employees of theTribunal.-41. The nature and categories of officers andemployees of the Tribunal shall be recommendedby the Tribunal for consideration ofthe State Government which shall be approvedwith or without modifications, as the case maybe, by the State Government.2.11.11 Conditions of service42. The conditions of service of the officersand employees of the Appellate Tribunal andin any other category of employees in the matterof pay, allowances, leave, joining time, joiningtime pay, provident fund, age of superannuation,pension and retirement benefits andother conditions of service, shall be regulatedin accordance with such rules and regulationsas are, from time to time, applicable to officersand employees of the State Governmentand drawing the corresponding scales of pay:Provided that the provisions of the KarnatakaCivil Services (Classification, Controland Appeal) Rules, 1957 shall apply to theseofficers and employees subject to modificationsspecified in the schedule.2.11.12 Additional powers ofthe Appellate Tribunal43. The Appellate Tribunal 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 Appellate Tribunalin the conduct of any inquiry or proceedingsbefore it.2.11 2. RERA KARNATAKA RULES 2017
59 Indian Real Estate Laws2.11.13 Administrative powersof the Chairperson ofthe Appellate Tribunal44. The administrative powers of the Chairpersonof the Appellate Tribunal shall includemaking decisions with regard to the following,namely:-(a) all matters pertaining to staff strength,wages and salaries structures, emoluments,perquisites and personnel policies with priorapproval from the State Government.(b) all matters pertaining to creation andabolition of posts with prior approval from theState Government.(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;(f) authorization of tours to be undertakenby any Member, officer or employee within Indiaand allowance to be granted for 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;(i) all matters in relation to grant or rejectionof leaves;(j) permission for hiring of vehicles for officialuse;(k) nominations for attending seminars,conferences and training courses in India orabroad as per clause (f) and (g);(l) 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 tearhave become unserviceable or are consideredbeyond economical repairs;o) all matters relating to disciplinary actionagainst any member, officer or employee,and(p) any other powers that may be requiredfor the efficient functioning of the AppellateTribunal and enforcement of the provisions ofthe Act and these rules.2.12 CHAPTER XI OF-FENCES AND PENAL-TIES2.12.1 Terms and conditionsand the fine payable forcompounding of offence45. (1) The Court, Authority/Tribunal shall,for the purposes of compounding any offencepunishable with imprisonment under the Act,accept an amount as specified in the Table below:OffenceAmount to be paid for compoundingamountPunishable with Imprisonment under subsection (2) of section 59Up to ten percent of the estimated cost ofthe real estate projectPunishable with Imprisonment under section64Up to ten percent of the estimated cost ofthe real estate projectPunishable with Imprisonment under section66Up to ten percent of the estimated cost ofthe plot, apartment or building, as the casemay be, of the real estate project, for whichthe sale or purchase has been! facilitatedPunishable with Imprisonment underUp to ten percent of the estimated cost ofthe plot,section 68 apartment or building, as thecase may be(2) On payment of the sum of money in accordancewith the table above, any person incustody in connection with that offence shallbe set at liberty and no proceedings shall beinstituted or continued against such person inany court.(3) The acceptance of the sum of moneyfor compounding an offence in accordance withthe table above, by the Court shall be deemed2. RERA KARNATAKA RULES 2017 2.12
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Indian Real Estate Laws 58
(2) The Chairperson and every other Members
shall be entitled to thirty days of earned
leave for every year of service.
(3) The other allowances and conditions of
service of the Chairperson and the whole-time
Member shall be as admissible to a Judge of
High Court or Principal Secretary of the State
Government as the case may be:
Provided that, such entitlement shall not
be less than what he is otherwise eligible in
case of serving Government servant.
(4) The term of office of the Chairperson
and the Members shall be such as provided in
Section 47.
2.11.6 Retirement from Government
Service
37. A person in the service of the Government,
on his selection as a Member of the Regulatory
Authority or Appellate Tribunal, shall have to
retire from service before entering upon his office
as a Member.
2.11.7 Oath of Office and Secrecy
38. Every person appointed as the Chairperson
or a Member shall, before entering upon
his office, make and subscribe an oath of office
and secrecy, in Form-‘P’ and Form-‘Q’ respectively
annexed to these rules.
2.11.8 Declaration of financial
or other interest
39. Every person, on his appointment as the
Chairperson or Member, as the case may be,
shall have to give an undertaking that he does
not and will not have any such financial or
other interest as is likely to affect prejudicially
his functions as such Chairperson or Member.
2.11.9 Residuary provision.-
40. Matters relating to the terms and conditions
of service of the Chairperson or Member
with respect to which no express provision has
been made in these rules, shall be referred by
the Appellate Tribunal to the State Government
for its decision.
2.11.10 Categories of Officers
and employees of the
Tribunal.-
41. The nature and categories of officers and
employees of the Tribunal shall be recommended
by the Tribunal for consideration of
the State Government which shall be approved
with or without modifications, as the case may
be, by the State Government.
2.11.11 Conditions of service
42. The conditions of service of the officers
and employees of the Appellate Tribunal and
in any other category of employees in the matter
of pay, allowances, leave, joining time, joining
time pay, provident fund, age of superannuation,
pension and retirement benefits and
other conditions of service, shall be regulated
in accordance with such rules and regulations
as are, from time to time, applicable to officers
and employees of the State Government
and drawing the corresponding scales of pay:
Provided that the provisions of the Karnataka
Civil Services (Classification, Control
and Appeal) Rules, 1957 shall apply to these
officers and employees subject to modifications
specified in the schedule.
2.11.12 Additional powers of
the Appellate Tribunal
43. The Appellate Tribunal 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 Appellate Tribunal
in the conduct of any inquiry or proceedings
before it.
2.11 2. RERA KARNATAKA RULES 2017