Transaction of Business by the Goa Real Estate Regulatory Authority, Regulation, 2021

Transaction of Business by the Goa Real Estate Regulatory Authority, Regulation, 2021

Department of Urban Development
Goa Real Estate Regulatory Authority
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Notification
1/RERA/Regulations of GRERA/2020/1

In exercise of the powers conferred by section 29 and section 85 of The Real Estate (Regulation and Development) Act, 2016, hereby makes the following regulation, namely:—

1. Short title and commencement.— (1) These regulations may be called The Transaction of Business by the Goa Real Estate Regulatory Authority Regulation, 2021.

(2) They shall come into force at once.

2. Definitions.— (1) In these regulations, unless the context otherwise requires,—

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016;

(b) “Complainant” means a person who makes a complaint, under section 31(1) and (2) of the Act, 2016 and Rules thereof;

(c) “Chairperson” means the Chairperson of the Goa Real Estate Regulatory Authority appointed under section 21;

(d) “Section” means a section of the Act.

(e) “adjudicating officer” means the adjudicating officer appointed under sub-section (1) of section 71;

(f) “Appellate Tribunal” means the Real Estate Appellate Tribunal established under section 43;

(g) “Authority” means the Real Estate Regulatory Authority established under sub-section (1) of section 20.

(2) Words and expressions used in these regulations but not defined shall have the same meaning as respectively assigned to them in the Act.

3. (i) The Authority shall hold its meetings on weekly basis every Wednesday at 11.00 a.m. in the chamber of the Chairperson, as far as practicable unless otherwise, to discuss on matters pertaining to registration, complaints, etc.

(ii) The quorum to hold meeting in presence of at least one member in addition to the Chairperson out of two Members and Chairperson as the case may be.

(iii) In the absence of the Chairperson, the senior most member appointed to the Authority will be the Chairperson to hold meeting.

(iv) In rare situation, where only either one member or chairperson of the Authority is available, such Authority shall hold the meeting as the case may be.

(v) The Authority may co-opt or invite any official (s) or invitees for discussion on important issues.

(vi) All questions which comes up before the meeting of the Authority shall be decided as per provisions under section 29 (3) (4) of the Real Estate (Regulation and Development) Act, 2016.

(vii) The Chairperson shall exercise powers of general superintendence and directions in the conduct of the affairs of Authority and he shall in addition to presiding over the meetings of the Authority, exercise and discharge such administrative powers and functions of the Authority as per provisions under section 25 of Real Estate (Regulation and Development) Act, 2016.

(viii) 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 as empowered under section 81 of the Act.

(ix) All cases pertaining to registration of real estate projects, agents, extension/ renewal, interpretation of various provisions of the act/rules and other important matters shall be decided in the meetings of the Authority, or through circulation amongst the Member (s) and Chairperson present as the case may be. However, the cases for registration which are not complied with necessary document or information or clarification may be referred for hearing by the members of the authority.

(x) All cases of complaints on registration, violation against various provisions of the act/ rules shall be assigned to the Member (s) by the Chairperson. They shall hear the complaints and decide on merits. Such decision of the member is final and an aggrieved person may appeal to the designated Goa Real Estate Appellate Tribunal. At present Goa Administrative Tribunal at Panaji has been designated as Appellate Tribunal.

(xi) As per provisions under section 71 of the Act for the purpose of adjudging compensation under section 12, 14, 18 and section 19, the Authority appoints adjudicators with the approval of the Government. The Chairperson allocate the cases amongst the Adjudicators. The Authority may also refer cases under the above sections for adjudication after preliminary hearing.

4. These regulations will be reviewed from time to time by the Authority keeping in view the exigencies or requirement.

S. KUMARASWAMY, IAS (Retd).
Chairperson, Goa RERA

Place: Panjim.
Dated: 18th March, 2021.


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