One member to be appointed after ACB clearance
Focus on regulating real estate sector in transparent manner
Mohinder Verma
JAMMU, Jan 10: Finally, the Jammu and Kashmir Real Estate Regulatory Authority (JK RERA) will start functioning smoothly as Government has appointed retired Indian Administrative Service (IAS) officer as its Chairperson. Moreover, the Authority will get one member soon after the Anti-Corruption Bureau (ACB) gives clearance to the name shortlisted by the Government.
“In exercise of the powers conferred by Section 22 of the Real Estate (Regulation and Development) Act, 2016, the Government of Union Territory of Jammu and Kashmir appoints Satish Chandra, IAS (Retired), as Chairperson of the Jammu and Kashmir Real Estate Regulatory Authority (RERA)”, read a notification issued by Mandeep Kaur, Commissioner/Secretary to the Government, Housing and Urban Development Department.
The appointment of the Chairperson shall take effect from the date he assumes the charge of the post in the Authority and the terms and conditions of appointment will be notified separately by the Housing and Urban Development Department.
“The Government is also in the process of appointing one member of the Authority and separate notification in this regard will be issued after the Anti-Corruption Bureau clearance to the name shortlisted by a high-level committee”, official sources told EXCELSIOR, adding “once the Authority starts functioning smoothly the Government will appoint second member as under the Real Estate (Regulation and Development) Act, 2016 there is a provision for appointment of two whole time members”.
They further said, “the Government is committed to regulate the real estate sector in efficient and transparent manner and to protect the interest of the consumers. The designation of Jammu and Kashmir Special Tribunal as Appellate Tribunal for speedy dispute redressal and to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the Adjudicating Officer is the testimony of the same”.
EXCELSIOR in its edition dated December 31, 2023 had reported that no permanent Chairperson of the Real Estate Regulatory Authority was appointed till date and Principal Secretary to the Government, Housing and Urban Development Department was exercising the powers of Chairperson of the Authority. In the report, stress was laid on appointment of regular Chairperson and members of the Authority in order to ensure its smooth functioning.
The Authority will have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents. It shall be guided by the principles of natural justice and shall have powers to regulate its own procedure.
As per the Act, no promoter can advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority.
Moreover, no real estate agent can facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under Section 3, being sold by the promoter in any planning area, without obtaining registration under this Section.
Every real estate agent registered with the Authority is not supposed to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority.
The agent is required to maintain and preserve such books of account, records and documents as may be prescribed; should not involve himself in any unfair trade practices— the practice of making any statement, whether orally or in writing or by visible representation which falsely represents that the services are of a particular standard or grade; represents that the promoter or himself has approval or affiliation which such promoter or himself does not have etc.
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