Act 16 of 2016

The Real Estate (Regulation and Development) Act, 2016.

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.

  • Ministry of Housing and Urban Affairs
  • Enacted 2016-03-25
  • 92 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Prior registration of real estate project with Real Estate Regulatory Authority. Read
4 Application for registration of real estate projects. Read
5 Grant of registration. Read
6 Extension of registration. Read
7 Revocation of registration. Read
8 Obligation of Authority consequent upon lapse of or on revocation of registration. Read
9 Registration of real estate agents. Read
10 Functions of real estate agents. Read
11 Functions and duties of promoter. Read
12 Obligations of promoter regarding veracity of the advertisement or prospectus. Read
13 No deposit or advance to be taken by promoter without first entering into agreement for sale. Read
14 Adherence to sanctioned plans and project specifications by the promoter. Read
15 Obligations of promoter in case of transfer of a real estate project to a third party. Read
16 Obligations of promoter regarding insurance of real estate project. Read
17 Transfer of title. Read
18 Return of amount and compensation. Read
19 Rights and duties of allottees. Read
20 Establishment and incorporation of Real Estate Regulatory Authority. Read
21 Composition of Authority. Read
22 Qualifications of Chairperson and Members of Authority. Read
23 Term of office of Chairperson and Members. Read
24 Salary and allowances payable to Chairperson and Members. Read
25 Administrative powers of Chairperson. Read
26 Removal of Chairperson and Members from office in certain circumstances. Read
27 Restrictions on Chairperson or Members on employment after cessation of office. Read
28 Officers and other employees of Authority. Read
29 Meetings of Authority. Read
30 Vacancies, etc., not to invalidate proceeding of Authority. Read
31 Filing of complaints with the Authority or the adjudicating officer. Read
32 Functions of Authority for promotion of real estate sector. Read
33 Advocacy and awareness measures. Read
34 Functions of Authority. Read
35 Powers of Authority to call for information, conduct investigations. Read
36 Power to issue interim orders. Read
37 Powers of Authority to issue directions. Read
38 Powers of Authority. Read
39 Rectification of orders. Read
40 Recovery of interest or penalty or compensation and enforcement of order, etc. Read
41 Establishment of Central Advisory Council. Read
42 Functions of Central Advisory Council. Read
43 Establishment of Real Estate Appellate Tribunal. Read
44 Application for settlement of disputes and appeals to Appellate Tribunal. Read
45 Composition of Appellate Tribunal. Read
46 Qualifications for appointment of Chairperson and Members. Read
47 Term of office of Chairperson and Members. Read
48 Salary and allowances payable to Chairperson and Members. Read
49 Removal of Chairperson and Member from office in certain circumstances. Read
50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office. Read
51 Officers and other employees of Appellate Tribunal. Read
52 Vacancies. Read
53 Powers of Tribunal. Read
54 Administrative powers of Chairperson of Appellate Tribunal. Read
55 Vacancies, etc., not to invalidate proceeding of Appellate Tribunal. Read
56 Right to legal representation. Read
57 Orders passed by Appellate Tribunal to be executable as a decree. Read
58 Appeal to High Court. Read
59 Punishment for nonregistration under section 3. Read
60 Penalty for contravention of section 4. Read
61 Penalty for contravention of other provisions of this Act. Read
62 Penalty for nonregistration and contravention under sections 9 and 10. Read
63 Penalty for failure to comply with orders of Authority by promoter. Read
64 Penalty for failure to comply with orders of Appellate Tribunal by promoter. Read
65 Penalty for failure to comply with orders of Authority by real estate agent. Read
66 Penalty for failure to comply with orders of Appellate Tribunal by real estate agent. Read
67 Penalty for failure to comply with orders of Authority by allottee. Read
68 Penalty for failure to comply with orders of Appellate Tribunal by allottee. Read
69 Offences by companies. Read
70 Compounding of offences. Read
71 Power to adjudicate. Read
72 Factors to be taken into account by the adjudicating officer. Read
73 Grants and loans by Central Government. Read
74 Grants and loans by State Government. Read
75 Constitution of Fund. Read
76 Crediting sums realised by way of penalties to Consolidated Fund of India or State account. Read
77 Budget, accounts and audit. Read
78 Annual report. Read
79 Bar of jurisdiction. Read
80 Cognizance of offences. Read
81 Delegation. Read
82 Power of appropriate Government to supersede Authority. Read
83 Powers of appropriate Government to issue directions to Authority and obtain reports and returns. Read
84 Power of appropriate Government to make rules. Read
85 Power to make regulations. Read
86 Laying of rules. Read
87 Members, etc., to be public servants. Read
88 Application of other laws not barred. Read
89 Act to have overriding effect. Read
90 Protection of action taken in good faith. Read
91 Power to remove difficulties. Read
92 Repeal. Read
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