The Real Estate (Regulation and Development) Act
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.2016
List of Chapters & Sections
PRELIMINARY
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
FUNCTIONS AND DUTIES OF PROMOTER
RIGHTS AND DUTIES OF ALLOTTEES
THE REAL ESTATE REGULATORY AUTHORITY
CENTRAL ADVISORY COUNCIL
THE REAL ESTATE APPELLATE TRIBUNAL
OFFENCES, PENALTIES AND ADJUDICATION
FINANCE, ACCOUNTS, AUDITS AND REPORTS
MISCELLANEOUS
PRELIMINARY
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
3Prior registration of real estate project with Real Estate Regulatory Authority4Application for registration of real estate projects5Grant of registration6Extension of registration7Revocation of registration8Obligation of Authority consequent upon lapse of or on revocation of registration9Registration of real estate agents10Functions of real estate agentsFUNCTIONS AND DUTIES OF PROMOTER
11Functions and duties of promoter12Obligations of promoter regarding veracity of the advertisement or prospectus13No deposit or advance to be taken by promoter without first entering into agreement for sale14Adherence to sanctioned plans and project specifications by the promoter15Obligations of promoter in case of transfer of a real estate project to a third party16Obligations of promoter regarding insurance of real estate project17Transfer of title18Return of amount and compensationRIGHTS AND DUTIES OF ALLOTTEES
THE REAL ESTATE REGULATORY AUTHORITY
20Establishment and incorporation of Real Estate Regulatory Authority21Composition of Authority22Qualifications of Chairperson and Members of Authority23Term of office of Chairperson and Members24Salary and allowances payable to Chairperson and Members25Administrative powers of Chairperson26Removal of Chairperson and Members from office in certain circumstances27Restrictions on Chairperson or Members on employment after cessation of office28Officers and other employees of Authority29Meetings of Authority30Vacancies, etc., not to invalidate proceeding of Authority31Filing of complaints with the Authority or the adjudicating officer32Functions of Authority for promotion of real estate sector33Advocacy and awareness measures34Functions of Authority35Powers of Authority to call for information, conduct investigations36Power to issue interim orders37Powers of Authority to issue directions38Powers of Authority39Rectification of orders40Recovery of interest or penalty or compensation and enforcement of order, etcCENTRAL ADVISORY COUNCIL
THE REAL ESTATE APPELLATE TRIBUNAL
43Establishment of Real Estate Appellate Tribunal44Application for settlement of disputes and appeals to Appellate Tribunal45Composition of Appellate Tribunal46Qualifications for appointment of Chairperson and Members47Term of office of Chairperson and Members48Salary and allowances payable to Chairperson and Members49Removal of Chairperson and Member from office in certain circumstances50Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office51Officers and other employees of Appellate Tribunal52Vacancies53Powers of Tribunal54Administrative powers of Chairperson of Appellate Tribunal55Vacancies, etc., not to invalidate proceeding of Appellate Tribunal56Right to legal representation57Orders passed by Appellate Tribunal to be executable as a decree58Appeal to High CourtOFFENCES, PENALTIES AND ADJUDICATION
59Punishment for nonregistration under section 360Penalty for contravention of section 461Penalty for contravention of other provisions of this Act62Penalty for nonregistration and contravention under sections 9 and 1063Penalty for failure to comply with orders of Authority by promoter64Penalty for failure to comply with orders of Appellate Tribunal by promoter65Penalty for failure to comply with orders of Authority by real estate agent66Penalty for failure to comply with orders of Appellate Tribunal by real estate agent67Penalty for failure to comply with orders of Authority by allottee68Penalty for failure to comply with orders of Appellate Tribunal by allottee69Offences by companies70Compounding of offences71Power to adjudicate72Factors to be taken into account by the adjudicating officerFINANCE, ACCOUNTS, AUDITS AND REPORTS
MISCELLANEOUS
79Bar of jurisdiction80Cognizance of offences81Delegation82Power of appropriate Government to supersede Authority83Powers of appropriate Government to issue directions to Authority and obtain reports and returns84Power of appropriate Government to make rules85Power to make regulations86Laying of rules87Members, etc., to be public servants88Application of other laws not barred89Act to have overriding effect90Protection of action taken in good faith91Power to remove difficulties92Repeal