The Real Estate (Regulation and Development) Act, 2016 (RERA 2016) – Bare Act

September 24, 2023October 25, 2023by IBC Laws Editor

The Real Estate (Regulation and Development) Act, 2016

Chapter-I Preliminary

Section-1 Short title, extent and commencement

Section-2 Definitions

Chapter-II Registration of Real Estate Project and Registration of Real Estate Agents

Section-3 Prior registration of real estate project with Real Estate Regulatory Authority

Section-4 Application for registration of real estate projects

Section-5 Grant of registration

Section-6 Extension of registration

Section-7 Revocation of registration

Section-8 Obligation of Authority consequent upon lapse of or on revocation of registration

Section-9 Registration of real estate agents

Section-10 Functions of real estate agents

Chapter-III Functions and Duties of Promoter

Section-11 Functions and duties of promoter

Section-12 Obligations of promoter regarding veracity of the advertisement or prospectus

Section-13 No deposit or advance to be taken by promoter without first entering into agreement for sale

Section-14 Adherence to sanctioned plans and project specifications by the promoter

Section-15 Obligations of promoter in case of transfer of a real estate project to a third party

Section-16 Obligations of promoter regarding insurance of real estate project

Section-17 Transfer of title

Section-18 Return of amount and compensation

Chapter-IV Rights and Duties of Allottees

Section-19 Rights and duties of allottees

Chapter-V The Real Estate Regulatory Authority

Section-20 Establishment and incorporation of Real Estate Regulatory Authority

Section-21 Composition of Authority

Section-22 Qualifications of Chairperson and Members of Authority

Section-23 Term of office of Chairperson and Members

Section-24 Salary and allowances payable to Chairperson and Members

Section-25 Administrative powers of Chairperson

Section-26 Removal of Chairperson and Members from office in certain circumstances

Section-27 Restrictions on Chairperson or Members on employment after cessation of office

Section-28 Officers and other employees of Authority

Section-29 Meetings of Authority

Section-30 Vacancies, etc., not to invalidate proceeding of Authority

Section-31 Filing of complaints with the Authority or the adjudicating officer

Section-32 Functions of Authority for promotion of real estate sector

Section-33 Advocacy and awareness measures

Section-34 Functions of Authority

Section-35 Powers of Authority to call for information, conduct investigations

Section-36 Power to issue interim orders

Section-37 Powers of Authority to issue directions

Section-38 Powers of Authority

Section-39 Rectification of orders

Section-40 Recovery of interest or penalty or compensation and enforcement of order, etc.

Chapter-VI Central Advisory Council

Section-41 Establishment of Central Advisory Council

Section-42 Functions of Central Advisory Council

Chapter-VII The Real Estate Appellate Tribunal

Section-43 Establishment of Real Estate Appellate Tribunal

Section-44 Application for settlement of disputes and appeals to Appellate Tribunal

Section-45 Composition of Appellate Tribunal

Section-46 Qualifications for appointment of Chairperson and Members

Section-47 Term of office of Chairperson and Members

Section-48 Salary and allowances payable to Chairperson and Members

Section-49 Removal of Chairperson and Member from office in certain circumstances

Section-50 Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office

Section-51 Officers and other employees of Appellate Tribunal

Section-52 Vacancies

Section-53 Powers of Tribunal

Section-54 Administrative powers of Chairperson of Appellate Tribunal

Section-55 Vacancies, etc., not to invalidate proceeding of Appellate Tribunal

Section-56 Right to legal representation

Section-57 Orders passed by Appellate Tribunal to be executable as a decree

Section-58 Appeal to High Court

Chapter-VIII Offences, Penalties and Adjudication

Section-59 Punishment for nonregistration under Section 3

Section-60 Penalty for contravention of Section 4

Section-61 Penalty for contravention of other provisions of this Act

Section-62 Penalty for nonregistration and contravention under sections 9 and 10

Section-63 Penalty for failure to comply with orders of Authority by promoter

Section-64 Penalty for failure to comply with orders of Appellate Tribunal by promoter

Section-65 Penalty for failure to comply with orders of Authority by real estate agent

Section-66 Penalty for failure to comply with orders of Appellate Tribunal by real estate agent

Section-67 Penalty for failure to comply with orders of Authority by allottee

Section-68 Penalty for failure to comply with orders of Appellate Tribunal by allottee

Section-69 Offences by companies

Section-70 Compounding of offences

Section-71 Power to adjudicate

Section-72 Factors to be taken into account by the adjudicating officer

Chapter-IX Finance, Accounts, Audits and Reports

Section-73 Grants and loans by Central Government

Section-74 Grants and loans by State Government

Section-75 Constitution of Fund

Section-76 Crediting sums realised by way of penalties to Consolidated Fund of India or State account

Section-77 Budget, accounts and audit

Section-78 Annual report

Chapter-X Miscellaneous

Section-79 Bar of jurisdiction

Section-80 Cognizance of offences

Section-81 Delegation

Section-82 Power of appropriate Government to supersede Authority

Section-83 Powers of appropriate Government to issue directions to Authority and obtain reports and returns

Section-84 Power of appropriate Government to make rules

Section-85 Power to make regulations

Section-86 Laying of rules

Section-87 Members, etc., to be public servants

Section-88 Application of other laws not barred

Section-89 Act to have overriding effect

Section-90 Protection of action taken in good faith

Section-91 Power to remove difficulties

Section-92 Repeal

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