The Real Estate (Regulation and Development) Act, 2016.
RERAcentral
An Act To Establish The Real Estate Regulatory Authority For Regulation And Promotion Of The Real Estate Sector And To Ensure Sale Of Plot, Apartment Or Building, As The Case May Be, Or Sale Of Real Estate Project, In An Efficient And Transparent Manner And To Protect The Interest Of Consumers In The Real Estate Sector And To Establish An Adjudicating Mechanism For Speedy Dispute Redressal And Also To Establish The Appellate Tribunal To Hear Appeals From The Decisions, Directions Or Orders Of The Real Estate Regulatory Authority And The Adjudicating Officer And For Matters Connected Therewith Or Incidental Thereto.
Act Number
16
Enactment
2016-03-25
Ministry
Ministry Of Housing And Urban Affairs
PRELIMINARY
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
Section 3Prior registration of real estate project with Real Estate Regulatory Authority.Section 4Application for registration of real estate projects.Section 5Grant of registration.Section 6Extension of registration.Section 7Revocation of registration.Section 8Obligation of Authority consequent upon lapse of or on revocation of registration.Section 9Registration of real estate agents.Section 10Functions of real estate agents.
FUNCTIONS AND DUTIES OF PROMOTER
Section 11Functions and duties of promoter.Section 12Obligations of promoter regarding veracity of the advertisement or prospectus.Section 13No deposit or advance to be taken by promoter without first entering into agreement for sale.Section 14Adherence to sanctioned plans and project specifications by the promoter.Section 15Obligations of promoter in case of transfer of a real estate project to a third party.Section 16Obligations of promoter regarding insurance of real estate project.Section 17Transfer of title.Section 18Return of amount and compensation.
RIGHTS AND DUTIES OF ALLOTTEES
THE REAL ESTATE REGULATORY AUTHORITY
Section 20Establishment and incorporation of Real Estate Regulatory Authority.Section 21Composition of Authority.Section 22Qualifications of Chairperson and Members of Authority.Section 23Term of office of Chairperson and Members.Section 24Salary and allowances payable to Chairperson and Members.Section 25Administrative powers of Chairperson.Section 26Removal of Chairperson and Members from office in certain circumstances.Section 27Restrictions on Chairperson or Members on employment after cessation of office.Section 28Officers and other employees of Authority.Section 29Meetings of Authority.Section 30Vacancies, etc., not to invalidate proceeding of Authority.Section 31Filing of complaints with the Authority or the adjudicating officer.Section 32Functions of Authority for promotion of real estate sector.Section 33Advocacy and awareness measures.Section 34Functions of Authority.Section 35Powers of Authority to call for information, conduct investigations.Section 36Power to issue interim orders.Section 37Powers of Authority to issue directions.Section 38Powers of Authority.Section 39Rectification of orders.Section 40Recovery of interest or penalty or compensation and enforcement of order, etc.
CENTRAL ADVISORY COUNCIL
THE REAL ESTATE APPELLATE TRIBUNAL
Section 43Establishment of Real Estate Appellate Tribunal.Section 44Application for settlement of disputes and appeals to Appellate Tribunal.Section 45Composition of Appellate Tribunal.Section 46Qualifications for appointment of Chairperson and Members.Section 47Term of office of Chairperson and Members.Section 48Salary and allowances payable to Chairperson and Members.Section 49Removal of Chairperson and Member from office in certain circumstances.Section 50Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office.Section 51Officers and other employees of Appellate Tribunal.Section 52Vacancies.Section 53Powers of Tribunal.Section 54Administrative powers of Chairperson of Appellate Tribunal.Section 55Vacancies, etc., not to invalidate proceeding of Appellate Tribunal.Section 56Right to legal representation.Section 57Orders passed by Appellate Tribunal to be executable as a decree.Section 58Appeal to High Court.
OFFENCES, PENALTIES AND ADJUDICATION
Section 59Punishment for nonregistration under section 3.Section 60Penalty for contravention of section 4.Section 61Penalty for contravention of other provisions of this Act.Section 62Penalty for nonregistration and contravention under sections 9 and 10.Section 63Penalty for failure to comply with orders of Authority by promoter.Section 64Penalty for failure to comply with orders of Appellate Tribunal by promoter.Section 65Penalty for failure to comply with orders of Authority by real estate agent.Section 66Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.Section 67Penalty for failure to comply with orders of Authority by allottee.Section 68Penalty for failure to comply with orders of Appellate Tribunal by allottee.Section 69Offences by companies.Section 70Compounding of offences.Section 71Power to adjudicate.Section 72Factors to be taken into account by the adjudicating officer.
FINANCE, ACCOUNTS, AUDITS AND REPORTS
MISCELLANEOUS
Section 79Bar of jurisdiction.Section 80Cognizance of offences.Section 81Delegation.Section 82Power of appropriate Government to supersede Authority.Section 83Powers of appropriate Government to issue directions to Authority and obtain reports and returns.Section 84Power of appropriate Government to make rules.Section 85Power to make regulations.Section 86Laying of rules.Section 87Members, etc., to be public servants.Section 88Application of other laws not barred.Section 89Act to have overriding effect.Section 90Protection of action taken in good faith.Section 91Power to remove difficulties.Section 92Repeal.