Authority under RERA

AUTHORITY UNDER RERA

INTRODUCTION

For a long time, the buyers of real estate have certain complaints regarding the transactions occurring in the sector which were highly in favor of developers. This enactment leads to the more equitable and just and fair transaction among the buyers and the sellers. The aim of the enactment is that it will create a simple procedure as to the real estate sector. And, will bring the procedure to a transparent and accountable means of work. The states are advised not to dilute the intention of the legislation. The RERA will give the Indian real estate industry its first regulator. The RERA grants authorization to the State and Central Government to make authorities for the better work of administration and adjudication.

REAL ESTATE REGULATORY AUTHORITY

The legislature has provided a wide range of provisions in the enactment. The object of the same was to make the best administration and the adjudication unit under RERA

In the purview of the same chapter 5 of the RERA provides about the making of the real estate regulatory authority. And, section 20 of RERA provides for the establishment and incorporation of real estate regulatory authority. In the lights of section 20, the appropriate government has the authority to create within a period of one-year the real estate authority.

COMPOSITION

Two or more states of the union territories can establish one single authority. The authority that is being enacted by the government will be deemed to be a body corporate. And, it will possess all the qualities in reference to the same.

The authority shall consist of a chairperson and two other full-time members. The appropriate government shall appoint them on the recommendation of a selection committee. The selection committee shall consist of the chief justice of the high court and the secretary of housing dealing with housing and law. All the members shall hold office for a period of 5 years.

The chairperson shall have the power of general superintendence and directions in the conduct of affairs of the authority. And, he shall exercise and discharge such powers and function of authority as may be prescribed.

Functions

Section 34 of the said act provides for the functions and it shall include

  • To register and regulate the projects and real estate agents.
  • To publish and maintain a website for the record for public viewing of all real estate projects for the public viewing with all the details.
  • Maintenance of a database on its website for public viewing and enter the names and photographs of the defaulters as well as the real estate agents including project details.
  • To fix through the regulation for each area under its jurisdiction the standard fees should be levied on the allottees.
  • To ensure compliance with its regulation or order or directions made in exercise of its power under the act.

Section 32 of the RERA prescribes the functions for promotion of real estate authority. The authority in order to facilitate the growth and promotion of a healthy, transparent, efficient, and competitive real estate sector make recommendations to the appropriate government or the competent authority.

POWER

Under section 36 the authority have been provided with the armor of the power to issue interim orders. When the authority deems fit can pass an order to restrain any promoter, allottees or any agent for any act done in contravention of the rules and the regulation of the act.

Section 37 of the Act deals with the other powers of the authority. Whereby the authority can issue directions for the purpose of discharging its functions to the promoters, or allottees, and the real estate agents.

Section 38 of the act envisages in itself the wide list of power. whereby the section provides as under :

  • The authority shall have the power to impose penalty and interest in regards to any contravention.
  • The authority shall follow the principles of natural justice and shall have the power to regulate its own procedure.
  • It has the power to recommend the issue relating to agreement, act or procedure which has the power to affect the market to the CCI.

CONCLUSION

The authorities that are being made under the act should be known as the real estate regulatory authority. It is armored with the wide range of power. And, also with the obligations that need to comply with the authority for the better functioning of the act. The authorities work for the better functioning of the act.

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