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The Real Estate Regulation and Development Act, 2016

[Act No. 16 of 2016]

[25th March, 2016.]

Contents:
Sections: Particulars:
Title The Real Estate Regulation and Development Act, 2016
Chapter I Preliminary
1. Short Title, Extent and Commencement
2. Definitions
Chapter II Registration of Real Estate Project and Registration of Real Estate Agents
3. Prior Registration of Real Estate Project with Real Estate Regulatory Authority
4. Application for Registration of Real Estate Projects
5. Grant of Registration
6. Extension of Registration
7. Revocation of Registration
8. Obligation of Authority Consequent upon Lapse of or on Revocation of Registration
9. Registration of Real Estate Agents
10. Functions of Real Estate Agents
Chapter III Functions and Duties of Promoter
11. Functions and Duties of Promoter
12. Obligations of Promoter Regarding Veracity of the Advertisement or Prospectus
13. No Deposit or advance to be taken by Promoter without First Entering Into Agreement for Sale
14. Adherence to Sanctioned Plans and Project Specifications by the Promoter
15. Obligations of Promoter in Case of Transfer of a Real Estate Project to a Third Party
16. Obligations of Promoter Regarding Insurance of Real Estate Project
17. Transfer of Title
18. Return of Amount and Compensation
ChapterIV Rights and Duties of Allottees
19. Rights and Duties of Allottees
Chapter V The Real Estate Regulatory Authority
20. Establishment and Incorporation of Real Estate Regulatory Authority
21. Composition of Authority
22. Qualifications of Chairperson and Members of Authority
23. Term of Office of Chairperson and Members
24. Salary and Allowances Payable to Chairperson and Members
25. Administrative Powers of Chairperson
26. Removal of Chairperson And Members from Office in Certain Circumstances
27. Restrictions on Chairperson or Members on Employment After Cessation of Office
28. Officers and Other Employees of Authority
29. Meetings of Authority
30. Vacancies, Etc., Not to Invalidate Proceeding of Authority
31. Filing of Complaints with the Authority or the Adjudicating Officer
32. Functions of Authority for Promotion of Real Estate Sector
33. Advocacy and Awareness Measures
34. Functions of Authority
35. Powers of Authority to Call for Information, Conduct Investigations
36. Power to Issue Interim Orders
37. Powers of Authority to Issue Directions
38. Powers of Authority
39. Rectification of Orders
40. Recovery of Interest or Penalty or Compensation and Enforcement of Order, Etc
Chapter VI Central Advisory Council
41. Establishment of Central Advisory Council
42. Functions of Central Advisory Council
Chapter VII The Real Estate Appellate Tribunal
43. Establishment of Real Estate Appellate Tribunal
44. Application for Settlement of Disputes and Appeals to Appellate Tribunal
45. Composition Of Appellate Tribunal
46. Qualifications for Appointment of Chairperson and Members
47. Term of Office of Chairperson and Members
48. Salary and Allowances Payable to Chairperson and Members
49. Removal of Chairperson and Member from Office in Certain Circumstances
50. Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on Employment After Cessation of Office
51. Officers and Other Employees of Appellate Tribunal
52. Vacancies
53. Powers of Tribunal
54. Administrative Powers of Chairperson of Appellate Tribunal
55. Vacancies, Etc., Not to Invalidate Proceeding of Appellate Tribunal
56. Right to Legal Representation
57. Orders Passed by Appellate Tribunal to be Executable as a Decree
58. Appeal to High Court
Chapter VIII Offences, Penalties and Adjudication
59. Punishment for Nonregistration Under Section 3
60. Penalty for Contravention of Section 4
61. Penalty for Contravention of Other Provisions of this Act
62. Penalty for Nonregistration and Contravention Under Sections 9 and 10
63. Penalty for Failure to Comply with Orders of Authority by Promoter
64. Penalty for Failure to Comply with Orders of Appellate Tribunal by Promoter
65. Penalty For Failure to Comply With Orders of Authority By Real Estate Agent
66. Penalty for Failure to Comply with Orders of Appellate Tribunal by Real Estate Agent
67. Penalty for Failure to Comply with Orders of Authority by Allottee
68. Penalty for Failure to Comply with Orders of Appellate Tribunal by Allottee
69. Offences by Companies
70. Compounding of Offences
71. Power to Adjudicate
72. Factors to be Taken into Account by the Adjudicating Officer
Chapter IX Finance, Accounts, Audits and Reports
73. Grants and Loans By Central Government
74. Grants And Loans By State Government
75. Constitution of Fund
76. Crediting Sums Realised by way of Penalties to Consolidated Fund of India or State Account
77. Budget, Accounts and Audit
78. Annual Report
Chapter X Miscellaneous
79. Bar of Jurisdiction
80. Cognizance of Offences
81. Delegation
82. Power of Appropriate Government to Supersede Authority
83. Powers of Appropriate Government to Issue Directions to Authority and Obtain Reports and Returns
84. Power of Appropriate Government to Make Rules
85. Power to Make Regulations
86. Laying of Rules
87. Members, Etc., to be Public Servants
88. Application of Other Laws not Barred
89. Act to Have Overriding Effect
90. Protection of Action Taken in Good Faith
91. Power to Remove Difficulties
92. Repeal


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