The Ministry of HUPA has prepared DRAFT rules for Real Estate Regulation and Development Act 2016 for UTs without legislature (Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep). Public comments are sought on the same by maximum 08th July, 2016.
Form for filing Appeal and the fees payable:-
(1) Every appeal filed under sub-section (1) of section 44 shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank in favour of the Appellate Tribunal and payable at the main branch of that Bank at the station where the seat of the said Appellate Tribunal is situated.
(2) Every appeal shall be filed as per Form ‘L’ along with the following documents:
(a) An attested true copy of the order against which the appeal is filed;
(b) Copies of the documents relied upon by the appellant and referred to in the appeal;
(c) An index of the documents.
(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.
Manner of selection of members of the Appellate Tribunal:-
(1) As and when vacancies of a Member in the Appellate Tribunal exist or arise, or are likely to arise, the appropriate Government may make a reference to the Selection Committee in respect of the vacancies to be filled.
(2) The Selection Committee may, for the purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of a search committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Member of the Appellate Tribunal.
(3) The Selection Committee shall select two persons for each vacancy and recommend the same to the appropriate Government.
(4) The Selection Committee shall make its recommendation to the appropriate Government within a period of sixty days from the date of reference made under sub-rule (1).
(5) The appropriate government shall within thirty days from the date of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Member.
Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal.-
(1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows:
(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge of a High Court;
(b) The whole-time Member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a Member of the Appellate Tribunal;
(c) Every full-time Member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Additional Secretary to the Government of India;
(d) Every part-time Member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the Appellate Tribunal as may be determined by the appropriate government, from time to time.
(2) The Chairperson and every other Member shall be entitled to thirty days of earned leave for every year of service.
(3) The other allowances and conditions of service of the Chairperson and the whole-time Member shall be as per notification issued by the appropriate government from time to time.
Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal :-
(1) In the event of the appropriate Government becoming aware of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of section 26 in case of a Chairperson or Member of the regulatory authority or as specified under sub-section (1) of section 49 in case of a Chairperson or Member of the Appellate Tribunal, by receipt of a complaint in this regard or suo motu, as the case may be, the appropriate Government shall make a preliminary scrutiny with respect to such charges against the Chairperson or any Member of the regulatory authority or Appellate Tribunal, as the case may be.
(2) If, on preliminary scrutiny, the appropriate Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before a Judge of the High Court.
(3) The appropriate government shall forward to the Judge, copies of-
(a) the statement of charges against the Chairperson or Member of the regulatory authority or Appellate Tribunal, as the case may be; and
(b) material documents relevant to the inquiry.
(4) The Chairperson or Member of the Authority or Appellate Tribunal, as the case may be, shall be given a reasonable opportunity of being heard with respect to the charges within the time period as may be specified in this behalf by the Judge.
(5) Where it is alleged that the Chairperson or Member Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Chairperson or Member of the Appellate Tribunal.
(6) After the conclusion of the investigation, the Judge shall submit his report to the appropriate government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit.
(7) Thereafter, the appropriate government shall in consultation with the Chief Justice of the High Court decide to either remove or not to remove the Chairperson or Member of the regulatory authority or Appellate Tribunal, as the case may be.
Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal:-
(1) The conditions of service of the officers and employees of the Authority and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the appropriate Government and drawing the corresponding scales of pay;
(2) The appropriate government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees or consultants and experts, as the case may be.
Additional Powers of the Appellate Tribunal:-
The Appellate Tribunal may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.
Administrative Powers of the Chairperson of the Appellate Tribunal:-
The administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions with regard to the following:
(a) all matters pertaining to staff strength, wages and salaries structures, emoluments, perquisites and personnel policies;
(b) all matters pertaining to creation and abolition of posts;
(c) all matter pertaining to appointments, promotions and confirmation for all posts;
(d) acceptance of resignations by any Member, officer or employee;
(e) officiating against sanctioned posts;
(f) authorization of tours to be undertaken by any Member, officer or employee: within and outside India and allowance to be granted for the same;
(g) all matters in relation to reimbursement of medical claims;
(h) all matters in relation to grant or rejection of leaves.
(i) permission for hiring of vehicles for official use;
(j) nominations for attending seminars, conferences and training courses in India or abroad;
(k) permission for invitation of guests to carry out training course;
(l) all matters pertaining to staff welfare expenses;
(m) sanction scrapping or write-off of capital assets which due to normal wear and tear have become unserviceable or are considered beyond economical repairs;
(n) all matters relating to disciplinary action against any Member, officer or employee;
(o) any other powers that may be required for the efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and these Rules.
Real Estate Appellate Tribunal – Real Estate Regulation and Development Act, RERA(UT)2016