Government of India
Ministry of Housing & Urban Poverty Alleviation
Unstarred Question No. 1215
To Be Answered On July 28, 2016
Appointment of Interim Regulator Under RERA
No. 1215 SHRI RAJEEV CHANDRASEKHAR:
Will the Minister of HOUSING AND URBAN POVERTY ALLEVIATION be pleased to state:
(a) The status of Real Estate (Regulation and Development) Act (RERA) in various States;
(b) Whether Government would consider instructing State Governments to appoint the Interim Regulator ensuring effective implementation of provisions of the Act without any delay; and
(c) Whether Government has put out the draft rules in public domain for comments, and by when the final Rules would come out given that May 1, 2016 was the date when 69 of 92 Sections of RERA have come into effect?
THE MINISTER OF STATE IN THE MINISTRY OF HOUSING & URBAN POVERTY ALLEVIATION
(RAO INDERJIT SINGH)
(a)to(c): In order to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector in an efficient and transparent manner, to protect the interest of consumers, and to establish an adjudicating mechanism for speedy dispute redressal, the Ministry of Housing & Urban Poverty Alleviation piloted the Real Estate (Regulation and Development) Act, 2016. Specified Sections of the Act have come into effect from 01st May, 2016.
As per Section 2(g) of the Real Estate Act, 2016 “appropriate Government” is defined as follows:
“appropriate Government” means in respect of matters relating to;-
(i) The Union Territory without Legislature, the Central Government;
(ii) The Union Territory of Puducherry, the Union Territory Government;
(iii) The Union Territory of Delhi, the Central Ministry of Urban Development;
(iv) The State, the State Government.
As per Section 20 of the Real Estate Act the ‘appropriate Government’ can designate an existing regulatory or any officer as the regulator until the establishment of the Regulatory Authority.
As per Section 84 of the Real Estate (Regulation and Development) Act, 2016, six months’ time is provided for framing and notification of the Rules by the ‘appropriate Government’ i.e. by October 31, 2016.
The Ministry of Housing & Urban Poverty Alleviation being the ‘appropriate Government’ for UTs without legislature has prepared the draft rules, which have been uploaded on the Ministry’s website on 24th June, 2016 inviting comments/suggestions thereupon.