Any time after 1st May 2016 the government of Maharashtra may establish Real Restate Regulatory Authority ( RERA )or delegate its power to somebody. On account of present controversy over Maple Groups misleading advertisements under Pradhanmantri awas Yojana ( PMAY) , FIR’s and further drama, it was alleged that presence of RERA would have made significant difference and timely intervention of RERA would have saved several peoples’ hard earned money. However, now with notification dated 27th April 2016 hurdles in appointment of RERA or delegating it’s powers to somebody have been removed .
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| Photo courtsey www.thehindubusinessline.com |
The Ministry of Housing and Urban
Poverty Alleviation (MHUPA) of government of India has brought in to force some
provisions of Real Estate ( Regulatortion nad Development ) Act 2016,
( REA ) as well it has repealed The
Maharashtra Housing (Regulation and Development) Act, 2012. The MHUPA has
announced this with a notification dated 27 April 2016.With this notification MHUPA
has brought some sections of the Real Estate Regulatory Act 2016 into force.
Section 81 read with Section 82 (
C ) Real Estate Regulatory Act empowers appropriate Government to delegate powers
of RERA to any authority if circumstances exist which render it necessary
in the public interest so to do. The MHUPA has brought in to force section 81
to 92 including following provisions of REA from 1 may 2016.
Section 2 – Definitions, This
section deals with the all the terms used in real estate sector
Section 20 to 39 – These sections
deal with the Establishment and incorporation of Real Estate Regulatory Authority,
Composition of Authority. Qualifications of Chairperson and Members of
Authority. Term of office of Chairperson and Members. Salary and allowances
payable to Chairperson and Members. Administrative powers of Chairperson.
Removal of Chairperson and Members from office in certain circumstances.
Restrictions on Chairperson or Members on employment after cessation of office
Section 41 to 58 – These sections
deal with the Establishment of Central Advisory Council. Functions of Central
Advisory Council. Establishment of Real Estate Appellate Tribunal.
Section 71 to 78 – These sections
deal with Power to adjudicate. Factors to be taken into account by the
adjudicating officer.
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