Jabong Mailer (CPA)

Friday 1 July 2016

The Mumbai Grahak Panchayat (MGP) on Thursday said it has pointed out to a major flaw in the Real Estate (Regulation & Development) Act, 2016 (RERA).

Sec 4(1) and Sec 85(2)(a) of the Act provide that the form and manner of making application and fee payable for registration of a real estate project are to be specified by regulations to be made by the Regulatory Authority. On the other hand, Sec 9 (2) and Sec 84 (2)(b) state application and fee payable for registration of real estate agent are to be prescribed by rules to be made by appropriate authority.

In a letter to the central government, MGP said, "It is difficult to conceive that parliament, which empowered the appropriate governments to prescribe rules as regards the form for making application for registration and fees payable by real estate agents, would sub-delegate the important power to specify the form and fees payable for registration of real estate projects to the regulatory authority by way of regulations.''

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