CHAPTER X – MISCELLANEOUS

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.

Section 84 - Power of appropriate Government to make rules

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(1) The appropriate Government shall, within a period of six months of the commencement of this Act, by notification, make rules for carrying out the provisions of this Act

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:_

(a) information and documents for application to Authority for registration under clause (m) of sub-section (2) of section 4

(b) the form and manner of making application and fee and documents to be accompanied with such application as under sub-section (2) of section 9

(c) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 9

(d) thevalidity of the period of registration and the manner and fee for renewal under sub-section (6) of section 9

(e) the maintenance and preservation of books of account, records and documents under clause (b) of section 10

(f) the discharge of other functions by the real estate agent under clause (e) of section 10

(g)the rate of interest payable under section 12

(h) the form and particulars of agreement for sale under sub-section (2) of section 13

(i) the rate of interest payable under clause (b) of sub-section (1) of section 18

(j) the rate of interest payable under sub-section (4) of section 19

(k) the rate of interest payable under sub-section (7) of section 19

(l) the manner of selection of Chairperson and Members of Authority under section 22

(m) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Authority under sub-section (1) of section 24

(n) the administrative powers of the Chairpersons under section 25

(o) the salariesand allowances payable to, and the other terms and conditions of service of, the officersand other employees of the Authority under sub-section (2) of section 28

(p) the details to be published on the website as under clause (b) and under clause (d) of section 34

(q) the additional functions which may be performed by the Authority under clause (iv) of sub-section (2) of section 35

(r) the manner of recovery of interest, penalty and compensation under sub-section (1) of section 40

(s) the manner of implementation of the order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal under sub-section (2) of section 40

(t) recommendations received from the Central Advisory Council under sub-section (2) of section 42

(u) the form and manner and fee for filling of appeal under sub-section (2) of section 44

(v) the manner of selection of Members of the Tribunal under sub-section (3) of section 46

(w)the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 48

(x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 49

(y) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51

(z) any other powers of the Tribunal under clause (h) of sub-section (4) of section 53

(za) the powers of the Chairperson of the Appellate Tribunal under section 54

(zb) )The terms and conditions and the payment of such sum for compounding of the offences under section 70

(zc) the manner of inquiry under sub-section (1) of section 71

(zd) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77

(ze) the form in which and time at which the Authority shall prepare an annual report under sub-section (1) of section 78

(zf) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules

 

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