Amendment status not verified — confirm the current text below against the official source.
(1) Without prejudice to the foregoing provisions of this Act. the Authority shall. in exercise of its powers and in performance ofits functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable. be given an o Ottun' express its views before any direction is given under this sub- pp fly to section. (2) If any dispute arises between the appropriute Government - whether a question is or is not a question ofpolicy, and the Authority as to the dec' ' ‘ thereon shall be final. “1°" °m‘° “Ppmpnme Government Scanned by CamScanner Power of appropriate Government to supersede Authority. Powers of appropriate Government to issue directions to Authority and obtain repons and Mums. Power of appropriate Government to make rules. 34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— time. re(luire. lvtttes as the aPPmPfialfiGovernment may. from time to 84- (I) The appropriate Government shall, within a period of six months of the c - . . zilmencement OfthisAct, by notification, make mics for carrying out the provisions ofthis (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provrde for all or any of the following matters, namely:— (a) infomtation and documents for application toAuthority for registration under clause (m) of sub-section (2) of section 4; (b) the form and manner of making application and fee and documents to be accompanied with such application as under sub-section (2) of section 9; (c) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 9; (d) the validity of the period of registration and the manner and fee for renewal under sub-section (6) of section 9; (e) the maintenance and preservation ofbooks ofaccount, records and documents under clause (b) of section 10; (f) the discharge of other functions by the real estate agent under clause (e) of section 10; (g) the rate of interest payable under section 12; (h) the form and particulars of agreement for sale under sub-section (2) of section 13; (i) the rate of interest payable under clause (b) of sub-section (1) of section 18; (j) the rate of interest payable under subsection (4) of section 19; (k) the rate of interest payable under sub-section (7) of section 19; (l) the manner of selection of Chairperson and Members of Authority under section 22; (m) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Authority under sub-section (1) of section 24; (n) the administrative powers of the Chairpersons under section 25; (o) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Authority under sub-section (2) of section 28; (p) the details to be published on the website as under clause (b) and under clause (d) of section 34; (q) the additional functions which may be perfomted by the Authority under clause (iv) of sub-section (2) of section 35; (r) the manner of recovery of interest penalty and com e ‘ , , - nsatto sub-section (1) of section 40; p n under (s) the manner of implementation of the order. adjudicating officer. the Authority or the Appellate 1n section 40; direction or decisions of the bunal under sub-section (2) of Scanned by CamScanner SEC. 1] 35 . lions rece' - Smbsectlon (2) of section 42; wed from the can“! Advisory Council under (u) the form and . section 44; manner and fee for filhng 0f appeal under sub-section (2) of (v) the man ' . section 46; ner of selection of Members of the Tnbunal under sub-section (3) of (w) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 48; (x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 49; (v) the salaries and allowances payable to. and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51; (2) any other powers of the Tribunal under clause (11) of sub-section (4) of section 53; (za) the powers of the Chairperson of the Appellate Tribunal under section 54; (zb) the terms and conditions and the payment of such sum for compounding of the offences under section 70; (2c) the manner of inquiry under sub-section (1) of section 71; (2d) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77; (ze) the form in which and time at which the Authority shall prepare an annual report under sub-section (1) of section 78; (If) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. \/83. (I) The Authority shall, within a period of three months of its establishment, by Power to notification, maize regulations, consistent wr unmet and the rules made thereunder to make carry out the purposes of Mrs Act. regulations. W (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the form and manner of making application and fee payable herewith under sub-section (1) of section 4; (b) the form of application and the fees for extension of registration under section 6; (c) such other information and documents required under clause (f) of sub-section (1) of section 11; (:1) display of sanctioned plans. layout plans along with specifications. appmvcd by the competent authority, for display under clause a of - ‘ section II; ( ) sub section (3) of (e) preparation and maintenance of other details u ‘ section ll: nder sub-section (6) of (f) time. places and the procedure in regard to transaction of business meetings of the Authority under sub—section (I) of section 29- at the Scanned by CamScanner 36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (8) the form. mann ‘ section 31; er and fees for filing a complaint under sub-section (2) of (h) standard fees to be levied on the remote , th agent under clause (e) of section 34; P r e anomes or the real “me (i) any other matter which is required to be, or may be, specified by regulation 01' in respect of Wth prowsron is to be made by regulations. Laying of rules. 86‘ (1) Every rule made by the Central Government, every regulation made by the Authority Under the Union terriotry of Delhi and the Union tenitories without Legislature and every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule of regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. (2) Every rule made by a State Government or the Union territory Government, as the case may be, every regulation made by the Authority under the State Government or the Union territory Govemment of Puducherry, as the case may be, and every notification issued by the State Government or the Union territory Government of Puducherry, as the case may be, under this Act, shall be laid as soon as may be, after it is made, before the State Legislature, or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House. MemberS.