{"act":{"id":"real-estate-regulation-development-act-2016-jharkhand","short_title":"The 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":"Jharkhand","unit":"section","section_count":91,"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/050947e9-972b-41e0-b547-db90eaf77d41.pdf","url":"https://indiacode.ecourtsindia.com/real-estate-regulation-development-act-2016-jharkhand/"},"unit":"section","section":{"number":"38","heading":null,"text":"(1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder. (2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure. (3) Where an issue is raised relating to agreement, action, omission, practice or procedure that- (a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or (b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely, then the Authority, may suo motu, make reference in respect of such issue to the Competition Commission of India. Rectification of orders.","html":"<p>(1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder. (2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure. (3) Where an issue is raised relating to agreement, action, omission, practice or procedure that- (a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or (b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely, then the Authority, may suo motu, make reference in respect of such issue to the Competition Commission of India. Rectification of orders.</p>","words":151,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/real-estate-regulation-development-act-2016-jharkhand/section/38/","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/050947e9-972b-41e0-b547-db90eaf77d41.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/97b293f3-e53c-41ba-84b7-393103e9b8b2/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."}