{"act":{"id":"real-estate-regulation-amp-development-act-2016","short_title":"Real Estate (Regulation & Development) Act, 2016","long_title":null,"act_number":"16","act_year":2016,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Chhattisgarh","unit":"section","section_count":88,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":"real-estate-regulation-development-act-2016","text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/25e0d7e9-d369-4f68-8978-21799fa43c9a.pdf","url":"https://indiacode.ecourtsindia.com/real-estate-regulation-amp-development-act-2016/"},"unit":"section","section":{"number":"83","heading":null,"text":"(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers and in performance of its functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time : Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) If any dispute arises between the appropriate Government and the Authority as to whether a question is or is not a question of policy, the decision of the appropriate Government thereon shall be final. Power of appropriate Government to supersede Authority. Powers of appropriate Government to issue directions to Authority and obtain reports and returns. fidler th such notification .! Horny to mako rup presentations, if ans A (3) The Authority shall furnish to the appropriate Government such returns or other information with respect to its activities as the appropriate Government may, from time to. time, require. Power of 84. (1) The appropriate Government shall, within a period of six months of the appropriate commencement of this Act, by notification, make rules for carrying out the provisions of this Act. Government to make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such morerules may provide for all or any of the following matters, namely :- (a) information and documents for application to Authority for registration under clause (m) of sub-section (2) of section 4; (b) the form and manner of making application and fee and documents to be accompanied with such application as under sub-section (2) of section 9; (c) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 9; (d) the validity of the period of registration and the manner and fee for renewal anner and re under sub-section (6) of section 9; (e) the maintenance and preservation of books of account, records and documents under clause (b) of section 10; (f) the discharge of other functions by the real estate agent under clause (e) of y the teill esite agent under section 10; (g) the rate of interest payable under section 12; (h) the form and particulars of agreement for sale under sub-section (2) of section 13; (i) the rate of interest payable under clause (b) of sub-section (1) of section 18; (j) the rate of interest payable under sub-section (4) of section 19; (k) the rate of interest payable under sub-section (7) of section 19; (I) the manner of selection of Chairperson and Members of Authority under section 22; (m) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Authority under sub-section (/) of section 24; (n) the administrative powers of the Chairpersons under section 25; (o) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Authority under sub-section (2) of section 28; (p) the details to be published on the website as under clause (b) and under clause (d) of section 34; (q) the additional functions which may be performed by the Authority under clause (iv) of sub-section (2) of section 35; (r) the manner of recovery of interest, penalty and compensation under sub-section (1) of section 40; (s) the manner of implementation of the order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal under sub-section (2) of section 40; (1) recommendations received from the Central Advisory Council under sub-section (2) of section 42; A striscebon (u) the form and manner and fee for filling of appeal under sub-section (2) of section 44; (v) the manner of selection of Members of the Tribunal under sub-section (3) of section 46; (w) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal under > sub-section (1) of section 48; if the charges against the f (x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 49; payable sovand the offer (y) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51; Tribunal underichuse section (z) any other powers of the Tribunal under clause (/) of sub-section (4) of section 53; (za) the powers of the Chairperson of the Appellate Tribunal under section 54; (zb) the terms and conditions and the payment of such sum for compounding of the offences under section 70; (zc) the manner of inquiry under sub-section (1) of section 71; (zd) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77; (ze) the form in which and time at which the Authority shall prepare an annual report under sub-section (1) of section 78; (zf) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.","html":"

(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers and in performance of its functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time : Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) If any dispute arises between the appropriate Government and the Authority as to whether a question is or is not a question of policy, the decision of the appropriate Government thereon shall be final. Power of appropriate Government to supersede Authority. Powers of appropriate Government to issue directions to Authority and obtain reports and returns. fidler th such notification .! Horny to mako rup presentations, if ans A (3) The Authority shall furnish to the appropriate Government such returns or other information with respect to its activities as the appropriate Government may, from time to. time, require. Power of 84. (1) The appropriate Government shall, within a period of six months of the appropriate commencement of this Act, by notification, make rules for carrying out the provisions of this Act. Government to make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such morerules may provide for all or any of the following matters, namely :- (a) information and documents for application to Authority for registration under clause (m) of sub-section (2) of section 4; (b) the form and manner of making application and fee and documents to be accompanied with such application as under sub-section (2) of section 9; (c) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 9; (d) the validity of the period of registration and the manner and fee for renewal anner and re under sub-section (6) of section 9; (e) the maintenance and preservation of books of account, records and documents under clause (b) of section 10; (f) the discharge of other functions by the real estate agent under clause (e) of y the teill esite agent under section 10; (g) the rate of interest payable under section 12; (h) the form and particulars of agreement for sale under sub-section (2) of section 13; (i) the rate of interest payable under clause (b) of sub-section (1) of section 18; (j) the rate of interest payable under sub-section (4) of section 19; (k) the rate of interest payable under sub-section (7) of section 19; (I) the manner of selection of Chairperson and Members of Authority under section 22; (m) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Authority under sub-section (/) of section 24; (n) the administrative powers of the Chairpersons under section 25; (o) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Authority under sub-section (2) of section 28; (p) the details to be published on the website as under clause (b) and under clause (d) of section 34; (q) the additional functions which may be performed by the Authority under clause (iv) of sub-section (2) of section 35; (r) the manner of recovery of interest, penalty and compensation under sub-section (1) of section 40; (s) the manner of implementation of the order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal under sub-section (2) of section 40; (1) recommendations received from the Central Advisory Council under sub-section (2) of section 42; A striscebon (u) the form and manner and fee for filling of appeal under sub-section (2) of section 44; (v) the manner of selection of Members of the Tribunal under sub-section (3) of section 46; (w) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal under > sub-section (1) of section 48; if the charges against the f (x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 49; payable sovand the offer (y) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51; Tribunal underichuse section (z) any other powers of the Tribunal under clause (/) of sub-section (4) of section 53; (za) the powers of the Chairperson of the Appellate Tribunal under section 54; (zb) the terms and conditions and the payment of such sum for compounding of the offences under section 70; (zc) the manner of inquiry under sub-section (1) of section 71; (zd) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77; (ze) the form in which and time at which the Authority shall prepare an annual report under sub-section (1) of section 78; (zf) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.

","words":883,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/real-estate-regulation-amp-development-act-2016/section/83/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/25e0d7e9-d369-4f68-8978-21799fa43c9a.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/20281d46-4fdb-408b-84bb-c24bde9175cc/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}