75. Constitution of Fund.—
(1) The appropriate Government shall constitute a fund to be called the
'Real Estate Regulatory Fund’ and there shall be credited thereto,—
(a) all Government grants received by the Authority;
(b) the fees received under this Act;
(c) the interest accrued on the amounts referred to in clauses
(a) to
(b).
31
(2) The Fund shall be applied for meeting—
(a) the salaries and allowances payable to the Chairperson and other Members, the adjudicating
officer and the administrative expenses including the salaries and allowances payable to the officers
and other employees of the Authority and the Appellate Tribunal;
(b) the other expenses of the Authority in connection with the discharge of its functions and for
the purposes of this Act.
(3) The Fund shall be administered by a committee of such Members of the Authority as may be
determined by the Chairperson.
(4) The committee appointed under sub-section
(3) shall spend monies out of the Fund for carrying
out the objects for which the Fund has been constituted.
76. Crediting sums realised by way of penalties to Consolidated Fund of India or State
account.—
(1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the
Authority, in the Union territories, shall be credited to the Consolidated Fund of India.
(2) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the Authority, in a
State, shall be credited to such account as the State Government may specify.
77. Budget, accounts and audit.—
(1) The Authority shall prepare a budget, maintain proper
accounts and other relevant records and prepare an annual statement of accounts in such form as may be
prescribed by the appropriate Government in consultation with the Comptroller and Auditor General of
India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor General of India at
such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Authority to the Comptroller and Auditor General of India.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the
audit of the accounts of the Authority under this Act shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor General generally has in
connection with the audit of Government accounts and, in particular shall have the right to demand and
production of books, accounts, connected vouchers and other documents and papers, and to inspect any of
the offices of the Authority.
(4) The accounts of the Authority, as certified by the Comptroller and Auditor-General of India or any
other person appointed by him in this behalf, together with the audit report thereon shall be forwarded
annually to the appropriate Government by the Authority and the appropriate Government shall cause the
audit report to be laid, as soon as may be after it is received, before each House of Parliament or, as the
case may be, before the State Legislature or the Union territory Legislature, where it consists of two
Houses, or where such legislature consists of one House, before that House.
78. Annual report.—
(1) The Authority shall prepare once in every year, in such form and at such
time as may be prescribed by the appropriate Government,—
(a) a description of all the activities of the Authority for the previous year;
(b) the annual accounts for the previous year; and
(c) the programmes of work for the coming year.
(2) A copy of the report received under sub-section
(1) shall be laid, as soon as may be after it is
received, before each House of Parliament or, as the case may be, before the State Legislature or the
Union Territory Legislature, where it consists of two Houses, or where such legislature consists of one
House, before that House.
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CHAPTER X
MISCELLANEOUS
79. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is
empowered by or under this Act to determine and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under
this Act.
80. Cognizance of offences.—
(1) No court shall take cognizance of any offence punishable under
this Act or the rules or regulations made thereunder save on a complaint in writing made by the Authority
or by any officer of the Authority duly authorised by it for this purpose.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this Act.
81. Delegation.—The Authority may, by general or special order in writing, delegate to any member,
officer of the Authority or any other person subject to such conditions, if any, as may be specified in the
order, such of its powers and functions under this Act (except the power to make regulations under
section 85), as it may deem necessary.
82. Power of appropriate Government to supersede Authority.—
(1) If, at any time, the
appropriate Government is of the opinion,—
(a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge
the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently defaulted in complying with any direction given by the
appropriate Government under this Act or in the discharge of the functions or performance of the
duties imposed on it by or under the provisions of this Act and as a result of such default the financial
position of the Authority or the administration of the Authority has suffered; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the appropriate Government may, by notification, supersede the Authority for such period, not exceeding
six months, as may be specified in the notification and appoint a person or persons as the President or the
Governor, as the case may be, may direct to exercise powers and discharge functions under this Act:
Provided that before issuing any such notification, the appropriate Government shall give a
reasonable opportunity to the Authority to make representations against the proposed supersession and
shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section
(1) superseding the Authority,—
(a) the Chairperson and other Members shall, as from the date of supersession, vacate their
offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted
under sub-section
(3), be exercised and discharged by the person or persons referred to in
sub-section
(1); and
(c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted
under sub-section
(3), vest in the appropriate Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under
sub-section
(1), the appropriate Government shall reconstitute the Authority by a fresh appointment of its
Chairperson and other members and in such case any person who had vacated his office under clause
(a)
of sub-section
(2) shall not be deemed to be disqualified for re-appointment.
(4) The appropriate Government shall cause a copy of the notification issued under sub-section
(1)
and a full report of any action taken under this section and the circumstances leading to such action to be
laid before each House of Parliament or, as the case may be, before the State Legislature, or the Union
33
Territory Legislature, as the case may be, where it consists of two Houses, or where such legislature
consists of one House, before that House.
83. Powers of appropriate Government to issue directions to Authority and obtain reports and
returns.—
(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of
its powers and in performance of its functions under this Act, be bound by such directions on questions of
policy, as the appropriate Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(2) If any dispute arises between the appropriate Government and the Authority as to whether a
question is or is not a question of policy, the decision of the appropriate Government thereon shall be
final.
(3) The Authority shall furnish to the appropriate Government such returns or other information with
respect to its activities as the appropriate Government may, from time to time, require.
84. Power of appropriate Government to make rules.—
(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:—
1
[
(a) the form, time and manner of making application and fees payable therewith under
sub-section
(1) of section 4;
(ab) information and documents for application to the Authority for registration under clause
(m)
of sub-section
(2) of section 4;
(ac) the form of application and the fees for extension of registration under section 6;]
(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) the validity 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;
1. Subs. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347(E)], for clause
(a)
(w.e.f. 28-10-2016).
34
(o) the salaries and allowances payable to, and the other terms and conditions of service of, the
officers and other employees of the Authority under sub-section
(2) of section 28;
1
[(oa) the form, manner and fees for filing of a complaint under sub-section
(2) of section 31;]
(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 filing 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
(g) 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.
85. Power to make regulations.—
(1) The Authority shall, within a period of three months of its
establishment, by notification, make regulations, consistent with this Act and the rules made thereunder to
carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
2
* * * * *
(c) such other information and documents required under clause
(f) of sub-section
(1) of
section 11;
1. Ins. by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347(E)],
(w.e.f. 28-10-2016).
2. Omitted by ibid. (w.e.f. 28-10-2016).
35
(d) display of sanctioned plans, layout plans along with specifications, approved by the competent
authority, for display under clause
(a) of sub-section
(3) of section 11;
(e) preparation and maintenance of other details under sub-section
(6) of section 11;
(f) time, places and the procedure in regard to transaction of business at the meetings of the
Authority under sub-section
(1) of section 29;
1
* * * * *
(h) standard fees to be levied on the promoter, the allottees or the real estate agent under
clause
(e) of section 34;
(i) any other matter which is required to be, or may be, specified by regulation or in respect of
which provision is to be made by regulations.
86. Laying of rules.—
(1) Every rule made by the Central Government, every regulation made by the
Authority under the Union territory of Delhi and the Union territories without Legislature and every
notification issued by the Central Government under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that
the rule or regulation or the notification should not be made, the rule or regulation or notification, as the
case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation or notification, as the case may be.
(2) Every rule made by a State Government or the Union territory Government, as the case may be,
every regulation made by the Authority under the State Government or 2[the Union territory Government
of Puducherry or the Union territory Government of Jammu and Kashmir], as the case may be, and every
notification issued by the State Government or 2[the Union territory Government of Puducherry or the
Union territory Government of Jammu and Kashmir], as the case may be, under this Act, shall be laid as
soon as may be, after it is made, before the State Legislature, or the Union territory Legislature, as the
case may be, where it consists of two Houses, or where such legislature consists of one House, before that
House.
87. Members, etc., to be public servants.—The Chairperson, Members and other officers and
employees of the Authority, and the Appellate Tribunal and the adjudicating officer shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
88. Application of other laws not barred.—The provisions of this Act shall be in addition to, and
not in derogation of, the provisions of any other law for the time being in force.
89. Act to have overriding effect.—The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.
90. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the appropriate Government or the Authority or any officer of the appropriate Government or
any member, officer or other employees of the Authority for anything which is in good faith done or
intended to be done under this Act or the rules or regulations made thereunder.
91. Power to remove difficulties.—
(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of
the commencement of this Act.
1. Omitted by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016 [S.O. 3347 (E)],
(w.e.f. 28-10-2016).
2. Subs. by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Third Order, 2020, vide notification No. S.O.
3807(E) dated (26-10-2020).
36
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
92. Repeal.—The Maharashtra Housing (Regulation and Development) Act, 2012 (Maharashtra Act
No. II of 2014) is hereby repealed.
37
