The Maharashtra Real Estate Regulatory Authority (General) Regulations 2017
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
‘A’ Wing, Slum Rehabilitation Authority Building,
Prof. Anant Kanekar Road, Bandra (East),
Mumbai 400 051, dated 24th April 2017
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY (GENERAL) REGULATIONS, 2017
No. MahaRERA. 2017/Gen. Regulations/18.— In exercise of the powers conferred on it under sub-sections (1) and clause (i) of sub-section (2) of Section 85 of the Real Estate (Regulations and Development) Act, 2016 and of all other powers enabling it in that behalf, the Maharashtra Real Estate Regulatory Authority, with the approval of the State Government, hereby makes the following Regulations :–
Short Title, Object, Commencement and Extent
1. (a) These regulations may be called the Maharashtra Real Estate Regulatory Authority (General) Regulations 2017.
(b) The object of these Regulations is to establish procedures regarding the general functioning of the Authority and for the conduct of business of the Authority.
(c) These Regulations shall come into force on the date of their notification in the Official Gazette.
(d) These Regulations shall apply in relation to all matters falling within the jurisdiction of the Authority in the State of Maharashtra.
2. (a) In these Regulations, unless the context otherwise requires :–
(i) “Act” means the Real Estate (Regulation and Development) Act, 2016 as amended from time to time ;
(ii) “Adjudication” means the process of arriving at decisions on complaints submitted to the Authority or the Adjudicating Officer under section 31 of the Act ;
(iii) “Chairperson” means the Chairperson of the Authority ;
(iv) “Authority” means the Maharashtra Real Estate Regulatory Authority ;
(v) “Consultant” includes any person not in the employment of the Authority who may be appointed as such to assist the Authority on any matter required to be dealt with by the Authority under the Act and the rules and regulations made there under ;
(vi) “Member” means a member of the Authority ;
(vii) “Proceedings” mean and include proceedings of all nature that the Authority may conduct in the discharge of its functions under the Act and the rules and regulations;
(viii) “Secretary” means the Secretary of the Authority ;
(ix) “Officer” means an Officer of the Authority ;
(x) “Regulations” mean the Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017 as amended from time to time ;
(xi) “Rules” mean the rules framed by Government of Maharashtra, under the Real Estate (Regulation and Development) Act, 2016 and as amended from time to time.
(b) Words or expressions occurring in these Regulations and not defined herein but defined in the Act or the Rules shall bear the same meanings respectively assigned to them in the Act and the Rules.
(c) In construing these Regulations, the singular shall include the plural and vice versa.
Formats of Certificates of Architect, Engineer and Chartered Accountant
3. The certificates, issued by the project architect, project engineer, chartered accountant and submitted to the banks for getting release of money from the separate account shall be in Forms 1, 2 and 3 respectively. The certificate issued by the project architect on completion of each of the building/wing of the real estate project shall be in Form 4.
Additional Disclosures by Promoters on the Website and Project site
4. In addition to all the details of the proposed Real Estate project, to be uploaded by the promoter on his webpage on the website of the Authority, as required under sub-section (1) of section 11 of the Act and clause (1) and (2) of Rule 3 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017, the promoter shall additionally upload the following details :–
(a) The annual report on statement of accounts, in Form 5 [issued in accordance with the third proviso to section 4 (2) (l) of the Act] duly certified and signed by the chartered accountant who is the statutory auditor of the promoter’s enterprise.
Explanation 1 :– The chartered accountant certifying the progress of the registered real estate project for the purpose of withdrawal of amounts from the separate account should be a different entity than the chartered accountant who is the statutory auditor of the promoter’s enterprise.
Explanation 2 :– If the Form 5 issued by the statutory auditor reveals that any certificate issued by the project architect, engineer or the chartered accountant has false or incorrect information and the amounts collected for a particular project have not been utilized for the project and the withdrawal has not been in compliance with the proportion to the percentage of completion of the project, the Authority, in addition to taking penal actions as contemplated in the Act and the Rules, shall also take up the matter with the concerned regulatory body of the said professionals of the architect, engineer or chartered accountant, for necessary penal action against them, including dis-memberment.
(b) The sanctioned plans, layout plans, along with specifications, approved by the Competent Authority shall be prominently displayed by the promoter at the project land site.
Authority’s office, office hours and sittings
5. The head office of the Authority shall be at Mumbai. The Authority may, by order, establish benches comprising one or more members, at places other than Mumbai.
6. The Authority shall follow the office timings and holidays as notified from time to time by the State Government for its offices in Mumbai and elsewhere, unless otherwise decided by the Authority.
7. The Authority may conduct its proceedings at the head office or at any other place within its jurisdiction on days and time as directed by the Chairperson.
Language of the Authority
8. The proceedings of the Authority shall be conducted in English, provided that the Authority shall allow any person to plead or represent his case in Marathi.
9. The Authority, at its sole discretion, may accept complaint petitions made in any language other than in English or Marathi, provided that the same is accompanied by a translation thereof in English.
Provided that such translation may be dispensed with at the discretion of the Authority.
10. Any translation which is agreed to by the parties to the proceedings or which any of the parties furnish, may be accepted by the Authority as a true translation.
11. The Authority may, in appropriate cases, direct translation of Petitions and their accompanying documents into English or Marathi.
Authority to have seal of its own
12. Any document requiring authentication by the Authority shall be issued under the seal of the Authority, and shall be signed by the Secretary or other Officer authorized by the Chairperson in this behalf.
Officers of the Authority
13. (a) The Authority shall have the power to appoint the Secretary, Officers and other employees for discharging various duties. The qualifications, experience and terms and conditions of service and appointment of such Secretary, Officers and other employees shall be subject to such regulations as may be specified by the Authority.
(b) The Authority may appoint or engage Consultants to assist the Authority in the discharge of its functions.
14. (a) The Secretary shall be the Principal Executive Officer of the Authority and shall exercise his powers and perform his duties under the control of the Chairperson.
(b) The Authority, in the discharge of its functions under the Act, may take such assistance from the Secretary as it may deem fit.
(c) In particular, and without prejudice to the generality of the provisions of sub-regulations (a) and (b) of this regulation, the Secretary shall have the following powers and perform the following duties, viz :–
(i) He shall have custody of the records and the seal of the Authority.
(ii) He shall receive or cause to receive all documents, including, inter alia, complaints, applications or reference pertaining to the Authority.
(iii) He shall scrutinize documents, including, inter alia, complaints, applications or references and shall be entitled to seek clarifications or rectifications upon the same and issue appropriate directions pertaining to the acceptance or rejection of such documents.
(iv) He shall prepare or cause to be prepared briefs and summaries of pleadings presented by various parties in cases filed before the Authority.
(v) He shall carry out such functions under the Act or the Rules, as may be delegated to him by the Chairperson, by general or special order.
(vi) He shall assist the Authority in the proceedings relating to the powers exercisable by the Authority, as directed by the Chairperson.
(vii) He shall provide notice for meeting, prepare the agenda for meetings and minute the proceedings of the Authority’s meetings.
(viii) He shall authenticate the orders passed by the Authority.
(ix) He shall, so far as it is possible, monitor compliance of the orders passed by the Authority and shall forthwith bring to the notice of the Authority any non-compliance thereof.
(x) He shall have the right to collect from the State Government or other offices, companies and firms or any other party as may be directed by the Chairperson, such information and record, report, documents, etc., as may be considered necessary for the purpose of efficient discharge of the functions of the Authority under the Act and the Rules and place the same before the Authority.
15. In the absence of the Secretary, the Officer of the Authority designated by the Chairperson in this behalf, shall exercise the functions of the Secretary.
16. The Chairperson shall, at all times, have the power, either on an application made by any interested or affected party or suo motu, to review, revoke, revise, modify, amend, alter or otherwise change any order issued or action taken by the Secretary or any Officer of the Authority, if considered appropriate.
17. The Secretary may, with the written approval of the Chairperson, delegate to any Officer of the Authority any function required by these Regulations or otherwise to be exercised by the Secretary.
18. This section shall be applicable to the meetings of the Authority, other than the adjudicatory proceedings of the Authority.
19. The quorum for the meetings of the Authority shall be two.
20. If in any meeting of the Authority duly convened, the quorum is not present, the meeting shall stand adjourned for the next day at the same time and venue.
21. The Chairperson shall preside over the meetings and conduct the business. Members stationed at Benches, outside Mumbai, may participate in the meetings through video conferencing. If the Chairperson is unable to be present in the meetings for any reason, or where there is no Chairperson, the senior most Member present shall preside at the meeting.
22. (a) All questions which come up before any meetings of the Authority shall be decided by a majority of votes of the Members present and voting. In the event of an equality of votes, the Chairperson or in his absence, the Member presiding shall have a second or casting vote.
(b) Save as otherwise provided in these Regulations, every Member shall have one vote.
23. (a) The Secretary or in his absence an Officer of the Authority designated by the Chairperson, shall record the minutes of the meetings and maintain a register which will, amongst other things, contain the names and designation of Members and invitees present in the meeting, a record of proceedings and notes of dissent, if any. The draft minutes shall, as soon as practicable, be sent to the Chairperson and the attending Members.
(b) The decision taken in a meeting of the Authority shall be recorded in the minutes in a clear and concise manner, alongwith reasons. In case the minutes record any statement/submission made by an invitee, a copy of the minutes shall be sent to such invitee.
(c) The minutes of the previous meeting shall be confirmed by circulation or at the next meeting of the Authority.
24. For adjudication proceedings with respect to complaints filed with the Authority, the Authority may, by order, direct that specific matters or issues be heard and decided by a single bench of either the Chairperson or any Member of the Authority.
Vacancies, etc., not to invalidate proceedings
25. No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Authority.
26. A person who is a party to any proceedings before the Authority may either appear in person or authorise any other person to present his case before the Authority and to do all or any of the acts for the purpose :
Provided that, the person appearing on behalf of any person in any proceeding before the Authority shall file a Memorandum of Authorisation, in Form 6 herein. Provided further that, for matters pertaining to Rule 6 (a) of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 the Authority may, from time to time, determine the terms and conditions subject to which the allottees may authorise representative(s) to plead on their behalf. In such cases the Authority shall have the power to summon and enforce the attendance of all persons who are concerned with the Real Estate Project, including lenders, as well as the persons who have accorded permissions to the Real Estate Project, as Competent Authority.
Orders of the Authority
27. The Authority Chairperson/Member (s) hearing a proceeding shall pass orders in such proceedings, and such orders shall be signed by the Chairperson/Members of the Authority hearing such proceeding. Every order made by the Authority shall be a reasoned order.
28. All orders and decisions issued by the Authority shall be certified by the signature of the Secretary or an Officer empowered in this behalf by the Chairperson and shall bear the official seal of the Authority and be communicated as expeditiously as possible from the date of passing thereof to all parties in the proceeding.
Commission’s records-documentation, inspection, confidentiality and accessibility
29. The Authority shall, as soon as may be practicable, maintain an indexed database of its records including, inter alia, complaints filed, details of hearings conducted, orders / documents issued from time to time.
30. (a) Subject to sub-regulation (c) herein, records of the Authority shall be open to inspection by all, subject to the payment of the fee and complying with the terms as the Authority may direct.
(b) The Authority shall, on such terms and conditions as the Authority considers appropriate, provide for supply of certified copies of documents and papers available with the Authority to any person, applying in Form 7, subject to the payment of fee and complying with the terms as the Authority may direct. The Authority shall designate an Officer for ensuring timely response to requests received for supply of certified copies of documents who shall endeavour to dispatch the certified copies of documents requested for within a period of fourteen (14) working days from the date of receipt of request.
(c) The Authority may, by order, direct that any information, documents and papers / materials maintained by the Authority, shall be confidential or privileged and shall not be available for inspection or supply of certified copies, and the Authority may also direct that such document, papers, or materials shall not be used in any manner except as specifically authorised by the Authority.
31. The Authority shall endeavour to make information involving public interest accessible and available to the public, including, inter alia, through its website.
Interim Orders, investigation, inquiry, collection of information, etc.
32. The Authority may pass such ad-interim or interim orders, as the Authority may consider appropriate at any stage of any proceedings, having regard to the facts and circumstances of the case.
33. The Authority may make such direction or order as it thinks fit for collection of information, inquiry, investigation, entry, search, seizure and, without prejudice to the generality of its powers, including, inter alia, the following :–
(a) The Authority may, at any time, direct the Secretary or any one or more Officers or any other person as the Authority considers appropriate to study, investigate or furnish information with respect to any matter within the jurisdiction of the Authority under the Act and the Rules.
(b) The Authority may, for the above purpose, give such other directions as it may deem fit and state the time within which the report is to be submitted or information furnished.
(c) The Authority may issue or authorise the Secretary or an Officer to issue directions to any person to produce before it and allow to be examined and kept by an Officer of the Authority directed in this behalf the books, accounts, etc., or to furnish any information to the designated Officer.
(d) The Authority may issue such directions, for the purpose of collection of any information, particulars or documents that the Authority considers necessary in connection with the discharge of its functions under the Act and the Rules.
(e) If any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority or the Secretary or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.
(f) The Authority may direct such incidental, consequential and supplemental matters to be attended to which may be considered relevant in connection with the above.
34. If the report or information obtained in accordance with Regulation 34 above or any part thereof is proposed to be relied upon by the Authority for forming its opinion or view in any proceedings, the parties to the proceedings shall be given a reasonable opportunity for filing objections and making submissions on such report or information.
35. (a) The Authority shall appraise and determine whether any document or evidence provided to it by any party and claimed by that party to be of a confidential nature merits being withheld from disclosure to other parties as being confidential and shall provide brief reasons in writing for arriving at its conclusion.
(b) If the Authority is of the view that the claim for confidentiality is justified the Authority may direct that the same be not provided to such parties as the Authority may deem fit. However, the party claiming the confidentiality shall provide a brief non-confidential summary of the substance of the documents found to be confidential and the import of the same.
(c) Notwithstanding the above, it shall be open to the Authority to take into consideration the contents of the documents found to be confidential in arriving at its decision.
Review of decisions, directions, and orders
36. (a) Any person aggrieved by a direction, decision or order of the Authority, from which (i) no appeal has been preferred or (ii) from which no appeal is allowed, may, upon the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the direction, decision or order was passed or on account of some mistake or error apparent from the face of the record, or for any other sufficient reasons, may apply for a review of such order, within forty-five (45) days of the date of the direction, decision or order, as the case may be, to the Authority.
(b) An application for such review shall be filed in the same manner as a complaint under these Regulations.
(c) The Authority, shall for the purposes of any proceedings for review of its decisions, directions and orders be vested with the same powers as are vested in a civil court under the Code of Civil Procedure, 1908.
(d) When it appears to the Authority that there is no sufficient ground for review, the Authority shall reject such review application.
(e) When the Authority is of the opinion that the review application should be granted, it shall grant the same provided that no such application will be granted without previous notice to the opposite side or party to enable him to appear and to be heard in support of the decision or order, the review of which is applied for.
Continuance of Proceedings after death, etc.
37. (a) Where in a proceeding, any of the parties to the proceeding dies or is adjudicated as an insolvent or in the case of a company under liquidation / winding-up, the proceeding shall continue with the successors-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the party concerned, as the case may be.
(b) The Authority may, for reasons to be recorded, treat the proceedings as abated in case the Authority so directs and dispense with the need to bring the successors-in-interest on the record of the case.
(c) In case any person wishes to bring on record the successors-in-interest, etc., the application for the purpose shall be filed within ninety (90) days from the event requiring the successors-in-interest to be brought on record. The Authority may condone the delay, if any, for sufficient reasons.
Issue of orders and directions
38. Subject to the provisions of the Act, Rules and Regulations, the Authority may, from time to time issue orders and directions in regard to the implementation of the Regulations and procedure to be followed.
Saving of inherent power of the Authority
39. Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent power of the Authority to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Authority.
40. Nothing in these Regulations shall bar the Authority from adopting in conformity with the provisions of the Act or Rules, a procedure, which is at variance with any of the provisions of these Regulations including summary procedures, if the Authority, in view of the special circumstance of a matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient for so dealing with such a matter or class of matters.
41. Nothing in the Regulations shall bar the Authority to deal with any matter or exercise any power under the Act or Rules for which no regulations have been framed, and the Authority may deal with such matters, powers and functions in a manner it thinks fit.
General power to amend/rectify
42. The Authority may, at any time and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceedings before it (including any clerical or arithmetical error in any order passed by the Authority), and all necessary amendments, rectifications shall be made for the purpose of determining the real question or issue arising in the proceedings.
Provided that if the Authority desires to make amendments or rectifications in order to determine the real question or issue arising the Authority shall provide an opportunity to the parties affected by such amendment or rectification touching the real question or issue to make representations and submissions with respect to the proposed amendment or rectification.
Power to remove difficulties
43. If any difficulty arises in giving effect to any of the provisions of the Regulations, the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act or Rules, which appears to be necessary or expedient for the purpose of removing the difficulties.
Extension or abridgement of time prescribed
44. Subject to the provisions of the Act or the Rules, the time prescribed by the Regulations or by order of the Authority for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by an order of the Authority.
Effect of non-compliance
45. Failure to comply with any requirement of the Regulations shall not invalidate any proceeding merely by reason of such failure unless the Authority is of the view that such failure has resulted in miscarriage of justice.
46. (a) Subject to such condition and limitation as may be directed by the Authority, the costs of and incidental to, all proceedings shall be awarded at the discretion of the Authority and the Authority shall have full power to determine by whom or out of what funds and to what extent such costs are to be paid and give all necessary directions for the aforesaid purposes.
(b) The costs shall be paid within thirty (30) days from the date of the order or within such time as the Authority may, by order, direct. If a party fails to comply with an order for costs within the permitted period, the order of the Authority awarding costs shall be executed forthwith in the same manner as a decree/order of a Civil Court
Administrative Charges and Standard Fees
47. The administrative charges to be retained by the Authority in cases of withdrawal of application for registration of any Real Estate Project in accordance with Rule 3 ( 7) of the Maharashtra Real Estate(Regulation and Development)(Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 shall be Rupees five thousand only. The remaining amount of registration fees shall be refunded to the promoter within 15 days through RTGS or NEFT system or any other digital transaction mode.
48. The Authority may, by order, fix standard fees, including annual fees, to be levied on the promoters or real estate agents or allottees for inspection of documents, certified copies of documents, the updating of website, database management and maintenance of the website.