Functions of Housing Regulatory Authority.

§29

Summary

(1) The Housing Regulatory Authority shall perform the following functions, namely :- (i) to ensure compliance of the obligations cast upon the promoters and the allottees under this Act and the rules made thereunder; (ii) to cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under this Act; (iii) to levy fees and other charges at such rates and in respect of such services as may be determined by regulations; (iv) to report matter to the appropriate authority, for taking action against the promoter or an allottee for commission of any offence under any law for the time being in force; (v) to host and maintain a website of records of all projects within its jurisdiction as database, with all the details as set out herein for displaying under this Act; (vi) to take measures under section 33; (vii) to perform such other functions related to Housing Sector as may be entrusted to the Housing Regulatory Authority by the State Government, as may be necessary; (viii) to make recommendations, notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), either suo moto or on a request from the State Government in matters in the existing Development Control Regulations relating to changes in Floor Space Index and any other related matters, as may be prescribed : Provided that, the Housing Regulatory Authority shall forward its recommendations within a period of sixty days from the date on which the Government has sought the recommendations : Provided further that, the Housing Regulatory Authority may request the State Government to furnish such information or documents as may be necessary for the purpose of making recommendations under this sub-section and the Government shall supply such information within a period of seven days from receipt of such request : Provided also that, if the State Government having considered the recommendation of the Housing Regulatory Authority comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the Housing Regulatory Authority for its reconsideration, and the Authority may, within fifteen days from the date of receipt of such reference, forward to the State Government its recommendation after considering the reference made by the Government. After receipt of further recommendation, if any, the State Government shall take a final decision. (2) Upon receiving a complaint application in this behalf, the Housing Regulatory Authority shall, after hearing the matter from the parties or through their representatives, as the case may be, and after making such enquiry as it deems fit, pass a reasoned order, in writing, within a period of three months from the date of such application or commencement of the suo moto proceedings, as the case may be, or within such further time as may be found appropriate by the Housing Regulatory Authority. (3) On any dispute between promoters, organization of flat purchasers and allottees or flat or unit takers regarding failure on either part to meet the obligations cast upon them under this Act and the rules made thereunder, adjudication may be done by any single member bench of the Housing Regulatory Authority, as the Housing Regulatory Authority may, by regulations determine : Provided that, nothing in this section shall apply in respect of matters which are subject to the jurisdiction of the Competition Commission established under the Competition Act, 2002 (12 of 2003). (4) (a) The Housing Regulatory Authority shall prepare and submit, to the State Government, once in every year, the report in such form and at such time as may be prescribed, containing,- (i) a description of all the activities of the Housing Regulatory Authority for the previous year ; and (ii) the annual accounts for the previous years. (b) A copy of the report received under clause (a) above shall be laid as soon as may be after it is received before each House of the State Legislature.

(1) The Housing Regulatory Authority shall perform the following functions, namely :- (i) to ensure compliance of the obligations cast upon the promoters and the allottees under this Act and the rules made thereunder; (ii) to cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under this Act; (iii) to levy fees and other charges at such rates and in respect of such services as may be determined by regulations; (iv) to report matter to the appropriate authority, for taking action against the promoter or an allottee for commission of any offence under any law for the time being in force; (v) to host and maintain a website of records of all projects within its jurisdiction as database, with all the details as set out herein for displaying under this Act; (vi) to take measures under section 33; (vii) to perform such other functions related to Housing Sector as may be entrusted to the Housing Regulatory Authority by the State Government, as may be necessary; (viii) to make recommendations, notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), either suo moto or on a request from the State Government in matters in the existing Development Control Regulations relating to changes in Floor Space Index and any other related matters, as may be prescribed : Provided that, the Housing Regulatory Authority shall forward its recommendations within a period of sixty days from the date on which the Government has sought the recommendations : Provided further that, the Housing Regulatory Authority may request the State Government to furnish such information or documents as may be necessary for the purpose of making recommendations under this sub-section and the Government shall supply such information within a period of seven days from receipt of such request : Provided also that, if the State Government having considered the recommendation of the Housing Regulatory Authority comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the Housing Regulatory Authority for its reconsideration, and the Authority may, within fifteen days from the date of receipt of such reference, forward to the State Government its recommendation after considering the reference made by the Government. After receipt of further recommendation, if any, the State Government shall take a final decision. (2) Upon receiving a complaint application in this behalf, the Housing Regulatory Authority shall, after hearing the matter from the parties or through their representatives, as the case may be, and after making such enquiry as it deems fit, pass a reasoned order, in writing, within a period of three months from the date of such application or commencement of the suo moto proceedings, as the case may be, or within such further time as may be found appropriate by the Housing Regulatory Authority. (3) On any dispute between promoters, organization of flat purchasers and allottees or flat or unit takers regarding failure on either part to meet the obligations cast upon them under this Act and the rules made thereunder, adjudication may be done by any single member bench of the Housing Regulatory Authority, as the Housing Regulatory Authority may, by regulations determine : Provided that, nothing in this section shall apply in respect of matters which are subject to the jurisdiction of the Competition Commission established under the Competition Act, 2002 (12 of 2003). (4) (a) The Housing Regulatory Authority shall prepare and submit, to the State Government, once in every year, the report in such form and at such time as may be prescribed, containing,- (i) a description of all the activities of the Housing Regulatory Authority for the previous year ; and (ii) the annual accounts for the previous years. (b) A copy of the report received under clause (a) above shall be laid as soon as may be after it is received before each House of the State Legislature.

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