Lok Sabha Question No. 478 (UNSTARRED), answered on 2018-02-06
Subject: Real Estate Regulation Act
Ministry: HOUSING AND URBAN AFFAIRS
Asked by: KIRIT SOMAIYA

## GOVERNMENT OF INDIA

## MINISTRY OF HOUSING AND URBAN AFFAIRS LOK SABHA

## UNSTARRED QUESTION NO. 478

TO BE ANSWERED ON FEBRUARY 06, 2018

## REAL ESTATE REGULATION ACT

No. 478 DR. KIRIT SOMAIYA:

Will  the  Minister  of  HOUSING  AND  URBAN  AFFAIRS  be  pleased  to state:

- (a) whether the Government is facing hurdles for proper implementation  of  the  Real  Estate  Regulation  Act  (RERA)  in
- the country and if so, the details thereof;
- (b) whether  the  Government  has  decided  for  setting  up  of  a Central Advisory Council for better implementation of this law;
- (c) if so, the details thereof along with the details of its members and their tenure; and
- (d) the role and power of this council?

## ANSWER

THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF HOUSING AND URBAN AFFAIRS

(SHRI HARDEEP SINGH PURI)

- (a):   The Ministry of Housing and Urban Affairs being the 'appropriate  Government'  for  Union  Territories  (UTs)  without legislature, notified the Rules for Union Territories (UTs)

without  legislature  under  the  Real  Estate  (Regulation  and

Development) Act, 2016 within the stipulated time. In so far as States and other UTs are concerned, the concerned State/UT Government is required to notify the Rules under the Act.

The Ministry of Housing and Urban Affairs has during workshops,  State  level  review meetings  and  interactions emphasized the need to ensure that the Rules framed are in accordance  with  the  provisions  of  the  Act.  The  Ministry  of Housing and Urban Affairs has also shared the Rules framed for UTs without legislature with States/UTs.

- (b) to (d): In exercise of the powers conferred by sub-section (1) of Section 41 of the Real Estate (Regulation and Development)  Act,  2016  (Act),  the  Central  Government has appointed a thirty member 'Central Advisory Council'. The composition and other details of the Council are at Annexure.

The  Central  Advisory  Council  has  been  appointed  to advise  and  recommend  the  Central  Government  on  all matters concerning the implementation of this Act including major questions of policy; protection of consumer interest; fostering the growth and development of  the  real  estate  sector;  any  other  matter  as  may  be assigned to it by the Central Government.

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## MINISTRY OF HOUSING AND URBAN AFFAIRS

New Delhi, the 20 th  November, 2017

S.O. 2666.In exercise of the powers conferred by sub-section (1) of section 41 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016) (hereinafter referred  to  as  the  Act),  the  Central  Government  hereby  appoints  the  following persons specified in the table below with effect from the date of its publication in the Gazette, as members of the Central Advisory Council (hereinafter referred to as the Council), namely:-

TABLE

|   Sl. No. | Name                                                                                                                               | Designation              |
|-----------|------------------------------------------------------------------------------------------------------------------------------------|--------------------------|
|         1 | Hon'ble Minister of State (I/C), Housing and Urban Affairs, Government of India                                                    | Chairperson (ex-officio) |
|         2 | CEO, Niti Aayog, Government of India                                                                                               | Member (ex-officio)      |
|         3 | Secretary, Ministry of Housing and Urban Affairs, Government of India                                                              | Member (ex-officio)      |
|         4 | Secretary, Department of Revenue, Ministry of Finance, Government of India                                                         | Member (ex-officio)      |
|         5 | Secretary, Department of Economic Affairs, Ministry of Finance, Government of India                                                | Member (ex-officio)      |
|         6 | Secretary, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India                   | Member (ex-officio)      |
|         7 | Secretary, Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution, Government of India         | Member (ex-officio)      |
|         8 | Secretary, Ministry of Corporate Affairs, Government of India                                                                      | Member (ex-officio)      |
|         9 | Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India                                           | Member (ex-officio)      |
|        10 | Managing Director, National Housing Bank (NHB)                                                                                     | Member (ex-officio)      |
|        11 | Chairman and Managing Director, Housing and Urban Development Corporation (HUDCO)                                                  | Member (ex-officio)      |
|        12 | Chief Secretary, Government of National Capital Territory of Delhi                                                                 | Member (ex-officio)      |
|        13 | Additional Chief Secretary / Principal Secretary / Secretary, Government of Uttar Pradesh (dealing with implementation of the Act) | Member (ex-officio)      |
|        14 | Additional Chief Secretary / Principal Secretary / Secretary, Government of Odisha (dealing with implementation of the Act)        | Member (ex-officio)      |
|        15 | Additional Chief Secretary / Principal Secretary / Secretary, Government of Haryana (dealing with implementation of the Act)       | Member (ex-officio)      |
|        16 | Additional Chief Secretary / Principal Secretary / Secretary, Government of Tamil                                                  | Member (ex-officio)      |

|    | Nadu (dealing with implementation of the Act)                                                                                                            |                               |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------|
| 17 | Chairman, Real Estate Regulatory Authority, Maharashtra                                                                                                  | Member (ex-officio)           |
| 18 | Chairman, Real Estate Regulatory Authority, Gujarat                                                                                                      | Member (ex-officio)           |
| 19 | Chairman, Real Estate Regulatory Authority, Madhya Pradesh                                                                                               | Member (ex-officio)           |
| 20 | Chairman, Real Estate Regulatory Authority, Assam                                                                                                        | Member (ex-officio)           |
| 21 | Chairman, Real Estate Regulatory Authority, Karnataka                                                                                                    | Member (ex-officio)           |
| 22 | President, National Real Estate Development Council (NAREDCO) (New Delhi)                                                                                | Member (ex-officio)           |
| 23 | President, Confederation of Real Estate Developers Association of India (CREDAI) (New Delhi)                                                             | Member (ex-officio)           |
| 24 | President, Forum for People's Collective Efforts (FPCE), Kolkata (West Bengal)                                                                           | Member                        |
| 25 | Chairman, Federation of Apartment Owners Association (FAOA), Gurgaon, Haryana                                                                            | Member                        |
| 26 | Chairperson, National Association of Realtors - India (NAR-INDIA), Gurgaon, Haryana                                                                      | Member                        |
| 27 | Chairperson, Central Building and Other Construction Workers Advisory Committee (or his nominee), Ministry of Labour and Employment, Government of India | Member (ex-officio)           |
| 28 | Founder, Namma Bengaluru Foundation (or his nominee), Bengaluru Karnataka                                                                                | Member                        |
| 29 | Managing Director, Liases Foras, Mumbai, Maharashtra                                                                                                     | Member                        |
| 30 | Additional Secretary / Joint Secretary (Housing), Ministry of Housing and Urban affairs, Government of India                                             | Member Convenor (ex- officio) |

2. The Chairperson of the Council shall have the power to co-opt any individual or  organization, as a technical representative, to participate in the meetings of the Council.
3. The members at serial numbers 12 to 21 of the table, selected by rotation, as provided  under  sub-section  (3)  of  section  41  of  the  Act,  shall  hold  office  as  such member for a period of three years, from the date of this notification.
4. The members at serial numbers 22 to 29 of the table, selected as provided under sub-section (4) of section 41 of the Act, shall hold office as such member for a period of five years, from the date of this notification.

## GOVERNMENT OF INDIA

## MINISTRY OF HOUSING AND URBAN AFFAIRS LOK SABHA

## UNSTARRED QUESTION NO. 478

TO BE ANSWERED ON FEBRUARY 06, 2018

## REAL ESTATE REGULATION ACT

No. 478 DR. KIRIT SOMAIYA:

Will  the  Minister  of  HOUSING  AND  URBAN  AFFAIRS  be  pleased  to state:

- (a) whether the Government is facing hurdles for proper implementation  of  the  Real  Estate  Regulation  Act  (RERA)  in
- the country and if so, the details thereof;
- (b) whether  the  Government  has  decided  for  setting  up  of  a Central Advisory Council for better implementation of this law;
- (c) if so, the details thereof along with the details of its members and their tenure; and
- (d) the role and power of this council?

## ANSWER

THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF HOUSING AND URBAN AFFAIRS

(SHRI HARDEEP SINGH PURI)

- (a):   The Ministry of Housing and Urban Affairs being the 'appropriate  Government'  for  Union  Territories  (UTs)  without legislature, notified the Rules for Union Territories (UTs)

without  legislature  under  the  Real  Estate  (Regulation  and

Development) Act, 2016 within the stipulated time. In so far as States and other UTs are concerned, the concerned State/UT Government is required to notify the Rules under the Act.

The Ministry of Housing and Urban Affairs has during workshops,  State  level  review meetings  and  interactions emphasized the need to ensure that the Rules framed are in accordance  with  the  provisions  of  the  Act.  The  Ministry  of Housing and Urban Affairs has also shared the Rules framed for UTs without legislature with States/UTs.

- (b) to (d): In exercise of the powers conferred by sub-section (1) of Section 41 of the Real Estate (Regulation and Development)  Act,  2016  (Act),  the  Central  Government has appointed a thirty member 'Central Advisory Council'. The composition and other details of the Council are at Annexure.

The  Central  Advisory  Council  has  been  appointed  to advise  and  recommend  the  Central  Government  on  all matters concerning the implementation of this Act including major questions of policy; protection of consumer interest; fostering the growth and development of  the  real  estate  sector;  any  other  matter  as  may  be assigned to it by the Central Government.

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