| 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 |
