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Housing

West Bengal Housing Industry Regulation Act, 2017

An Act to establish the Housing Industry Regulatory Authority for regulation and promotion of the housing sector and to ensure sale of plot, apartment or budding, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish a mechanism for speedy dispute redressal and for matters connected therewith or incidental thereto.

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 1189-L dated 17th October, 2017

THE WEST BENGAL HOUSING INDUSTRY REGULATION ACT, 2017

An Act to establish the Housing Industry Regulatory Authority for regulation and promotion of the housing sector and to ensure sale of plot, apartment or budding, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish a mechanism for speedy dispute redressal and for matters connected therewith or incidental thereto.

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS

3. Prior registration of real estate project with Real Estate Regulatory Authority.

4. Application for registration of real estate projects.

5. Grant of registration.

6. Extension of registration.

7. Revocation of registration.

8. Obligation of Authority consequent upon lapse of or on revocation of registration.

9. Registration of real estate agents.

10. Functions of real estate agents.

CHAPTER III
FUNCTIONS AND DUTIES OF PROMOTER

11. Functions and duties of promoter.

12. Obligations of promoter regarding veracity of the advertisement or prospectus.

13. No deposit or advance to be taken by promoter without first entering into agreement for sale.

14. Adherence to sanctioned plans and project specifications by the promoter.

15. Obligations of promoter in ease of transfer of a real estate project to a third party.

16. Obligations of promoter regarding insurance of real estate project.

17. Transfer of title.

18. Return of amount and compensation.

CHAPTER IV
RIGHTS AND DUTIES OF ALLOTTEES

19. Rights and duties of allottees.

CHAPTER V
THE HOUSING INDUSTRY REGULATORY AUTHORITY

20. Establishment and incorporation of Housing Industry Regulatory Authority.

21. Composition of Authority.

22. Qualifications of Chairperson and Members of Authority.

23. Term of office of Chairperson and Members.

24. Salary and allowances payable to Chairperson and Members.

25. Administrative powers of Chairperson.

26. Removal of Chairperson and other Members from office in certain circumstances.

27. Restriction on Chairperson or Members on employment after cessation of office.

28. Officers and other employees of Authority.

29. Meetings of Authority.

30. Vacancies, etc.. not to invalidate proceeding of Authority.

31. Filing of complaints with the Authority.

32. Functions of Authority for promotion of real estate sector.

33. Advocacy and awareness measures.

34. Functions of Authority.

35. Powers of Authority to call for information, conduct investigations.

36. Power to issue interim orders.

37. Powers of Authority to issue directions.

38. Powers of Authority.

39. Rectification of order.

40. Recovery of interest or penalty or compensation and enforcement of order, etc.

CHAPTER VI
STATE ADVISORY COUNCIL

41. Establishment of State Advisory Council.

42. Functions of State Advisory Council.

CHAPTER VII
THE HOUSING INDUSTRY APPELLATE TRIBUNAL

43. Establishment of Housing Industry Appellate Tribunal.

44. Application for settlement of disputes and appeals to Appellate Tribunal.

45. Composition of Appellate Tribunal.

46. Qualifications for appointment of Chairperson and Members.

47. Term of office of Chairperson and Members.

48. Removal of Chairperson, Member etc.

49. Salary and allowances payable to Chairperson and Members.

50. Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office.

51. Officers and other employees of Appellate Tribunal.

52. Vacancies.

53. Powers of Appellate Tribunal.

54. Administrative power of Chairperson of Appellate Tribunal.

55. Vacancies, etc., not to invalidate proceeding of Appellate Tribunal.

56. Right to Legal representation

57. Order passed by the Appellate Tribunal to be executable as a decree.

58. Appeal to High Court.

CHAPTER VIII
OFFENCES AND PENALTIES

59. Punishment tor non-registration under section 3.

60. Penalty for contravention of section 4.

61. Penalty for contravention of other provisions of this Act.

62. Penalty for nonregistration and contravention under section 9 and 10.

63. Penalty for failure to comply with orders of Authority by promoter.

64. Penalty for failure to comply with orders of Appellate Tribunal by promoter.

65. Penalty for failure to comply with orders of Authority by real estate agent.

66. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.

67. Penalty for failure to comply with orders of Authority by allottee.

68. Penalty for failure to comply with orders of Appllate Tribunal by allottee.

69. Offences by companies.

CHAPTER IX
FINANCE, ACCOUNTS, AUDITS AND REPORTS

70. Grants and loans by State Government.

71. Constitution of Fund.

72. Crediting sums realized by way of penalties to Consolidated Fund of State.

73. Budget accounts and audit.

74. Annual report

CHAPTER X
MISCELLANEOUS

75. Bar of Jurisdiction

76. Cognizance of offences.

77. Delegation.

78. Power of State Government to supersede Authority.

79. Powers of State Government to issue directions to Authority and obtain reports and returns.

80. Power of State Government to make rules.

81. Power to make regulations.

82. Members etc., to be public servants.

83. Application of other law s not barred.

84. Protection of action taken in good faith.

85. Power to remove difficulties.

86. Repeal and savings.

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