In a bid to smoothen the process of RERA implementation, the government has constituted a committee to look into the matter and remove the difficulties faced in giving effect to its provisions, according to a top official.
On January 3, 2019, the committee will hold the first meeting. “The committee will hopefully be in a position to finalize the recommendations before April 2019,” the official said.
Earlier, stakeholders had given suggestions for effective implementation of RERA after four workshops were organized in Pune, Chennai, Delhi, and Ranchi.
“The constitution of a committee for smooth RERA implementation has been prepared under its joint secretary Shiv Das Meena. The panel will look into the suggestions received at the four workshops held on RERA, and then submit the recommendations to the ministry. The committee will also consider whether there’s a need for changes under removal of difficulties of the central law’s clause,” Durga Shanker Mishra, the secretary of housing and urban affairs ministry said.
Section 91 of RERA states that in case any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the official Gazette, (within two years of the commencement of the Act) make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.
Various suggestions and inputs received in four regional workshops will be examined by the committee to suggest suitable measures to remove the difficulties in smooth and effective implementation of RERA, sources said. The workshops will be organized by the Ministry of Housing and Urban Affairs.
The committee may also advice the way forward in relation to institutional arrangements and suggestions with regard to state governments, pertaining to implementation of the provisions of RERA. According to the sources, the committee is expected to submit its report by January 15, 2019.
Since RERA is yet to be fully implemented across India, homebuyers have expressed a few doubts regarding any amendment at this stage.
“We feel that enabling section 91 has expired which empowers the Central Government to carry out minor amendment since it was notified on May 1, 2016, and was valid for only two years. However, we sincerely hope that only minor tweaking is done to facilitate proper implementation of the Act if it’s still available as per any legal opinion sought by the ministry” said Abhay Upadhyay, President, Forum for People’s Collective Efforts (FPCE).
It was in March 2016 that the Real Estate (Regulation and Development) Act was passed by the Parliament. Except Jammu & Kashmir (where RERA is not applicable), and six North Eastern states (Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, and Sikkim) and West Bengal, which have enacted their own Act i.e. Housing & Industry Regulation Act (HIRA), as many as 28 states and union territories have notified rules under RERA.
Additionally, 28 states/UTs have set up Real Estate Regulatory Authority (Regular – 15, Interim – 13). As many as 21 states/UTs have set up Real Estate Appellate Tribunal (Regular -09, Interim – 12). Regulatory Authorities of 23 states/UTs have operationalized their websites under the provisions of RERA. Also, 34,893 real estate projects and 27,073 real estate agents have registered under RERA across the country.