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.
Manner of selection of chairperson and members of the Authority:-
(1) As and when vacancies of Chairperson or a Member in the regulatory authority 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 Chairperson or a Member of the regulatory authority, 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 Chairperson or Member of the regulatory authority.
(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 Chairperson or Member, as the case may be.
Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the regulatory authority:-
(1) The salaries and allowances payable to the Chairperson and Members of the regulatory authority shall be as follows:
(a) The Chairperson shall be paid a consolidated monthly salary of two lakh fifty thousand rupees and they shall not be entitled to any allowance relating to house and vehicle;
(b) The whole-time Member shall be paid a consolidated monthly salary of two lakh rupees and they shall not be entitled to any allowance relating to house and vehicle;
(c) 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 regulatory authority as may be determined by the appropriate government, from time to time and they shall not be entitled to any allowance relating to house and vehicle.
(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.
21. Administrative powers of the Chairperson of the regulatory authority:-
The administrative powers of the Chairperson of the regulatory authority 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 Authority and enforcement of the provisions of the Act and these Rules.
Salary and allowances payable and other terms and conditions of service of the officers and other employees of the regulatory authority and experts and consultants engaged by the regulatory authority:-
(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) Consultants or experts that may be engaged by the Authority:
(a) shall be paid a monthly honorarium as may be determined by the appropriate Government from time to time;
(b) the consultant or expert shall not be deemed to be regular members of the staff borne on the establishment of the Authority;
(c) the consultant or expert may be appointed for a tenure of one year, extendable on year to year basis;
(d) the terms of their appointment may be terminated by the Authority by serving one month’s notice.
(3) 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.
Functioning of the Authority:-
(1) The office of the regulatory authority shall be located at such place as may be determined by the appropriate Government by notification.
(2) The working days and office hours of the regulatory authority shall be the same as that of the appropriate Government.
(3) The official common seal and emblem of the regulatory authority shall be such as the appropriate Government may specify.
Additional powers of the Authority:-
(1) In addition to the powers specified in sub-section (2) of section 35 the regulatory authority shall have the following additional powers:
(a) require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary;
(b) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office.
(2) The regulatory authority 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 regulatory authority in the conduct of any inquiry or proceedings before it.
(3) On receipt of the application in prescribed form and complete in all respects under section 4 read with rule 3 for registration of a project, the Authority may review the documents submitted along with the application under rule 3 and enquire, inter-alia, into the following matters and such other matters, as it may consider necessary, prior to grant of registration within the time prescribed under sub-section (1) of section 5, namely:-
(a) the nature of rights and interest of the promoter to the land which is proposed to be developed;
(b) extent and location of area of land proposed to be developed;
(c) layout plan of the project;
(d) financial, technical and managerial capacity of the promoter to develop the project;
(e) plan regarding the development works to be executed in the project; and
(f) conformity of development of the project with neighboring areas.
(4) The Authority may in the interest of the allottees, enquire into the payment of amounts imposed as penalty, interest or compensation, paid or payable by the promoter, in order to ensure that the promoter has not:
(a) withdrawn the said amounts from the account maintained as provided under sub-clause (D) of clause (l) of sub-section (2) of section 4; or
(b) used any amounts paid to such promoter by the allottees for the that real estate project for which the penalty, interest or compensation is payable, or any other real estate project;
(c) recovered the amounts paid as penalty, fine or compensation from the allottees of the relevant real estate project or any other real estate project.
Manner of recovery of interest, penalty and compensation:-
Subject to the provisions of sub-section (1) of section 40, the recovery of the amounts due as arrears of land revenue shall be carried out in the manner provided in local laws.
Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal:-
For the purpose of sub-section (2) of section 40, every order passed by the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made there under, shall be enforced by the adjudicating officer, regulatory authority or the Appellate Tribunal in the same manner as if it were a decree or order made by the principal civil court in a suit pending therein and it shall be lawful for the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.
For complete Draft Copy of this RERA documents, Please download here.