01.GENERAL



GOVERNMENT OF GOA
Department of Urban Development

Notification
11/47/2017-DMA/2466

 

In exercise of the powers conferred by sub-section (1) and clauses (zd) and (ze) of sub-section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016 ) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:

1. Short title and commencement.

(1) These rules may be called the Goa Real Estate (Regulation and Development) (Regulatory Authority Form of Annual Statement of Accounts and Annual Report) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.

(1) In these rules, unless the context otherwise requires,— (a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);

(b) “Authority” means the Goa Real Estate Regulatory Authority established under sub-section (1) of section 20 of the Act;

(c) “Chairperson” means the Chairperson of the Authority appointed under section 21 of the Act;

(d) “Form” means the forms appended to these Rules;

(e) “Member” means a whole-time member of the Authority appointed under section 21 of the Act;

(f) “section” means a section of the Act;

(g) “Schedule” means a Schedule appended to the form;

(h) “Government” means the Government of Goa;

(2) The words and expressions used in these rules but not defined and defined in the Act shall have the same meanings respectively assigned to them in the Act.

3. Budget, Accounts and Audit.

(1) The Authority shall at the end of the financial year of every year, prepare a budget, maintain proper accounts and other relevant records and prepare an annual Statement of Accounts in form “A”, hereto.

(2) The Authority shall preserve accounts and other relevant records prepared under sub-rule (1) above for a minimum period of five years.

(3) The account and other relevant records prepared under sub-rule (1) above shall be signed by the Chairperson, Members

Secretary and the officer-in-charge of Finance and Accounts of the Authority.

(4) The accounts of the Authority and audit report shall, as soon as possible, be submitted by the Authority to the Government for laying before the State Legislature.

4. Annual Report.

 (1) The Authority shall prepare its annual report in Form “B”, hereto.

.(2) The Authority may also include in the annual report such other matters as deemed

fit by the Authority for reporting it to the Government. (3) The Annual Report shall, after its adoption at a meeting of the Authority and signed by the Chairperson and Members and authenticated by affixing the common seal of the Authority, with requisite number of copies thereof, be submitted to the Government within a period of one hundred and eighty days immediately following the close of the year for which it has been prepared

G. Investigations and inquiries ordered by the Authority or the adjudicating officer: A brief narrative of investigations and inquiries taken up by the Authority or the adjudicating officers and references received from the competent authority or the Government.

H. Orders passed by the Authority and the adjudicating officer: A brief narrative of orders passed by the Authority or the adjudicating officers separately for where no offence is made out, and in case offence is proved, category-wise for each category of orders passed along with a tabular statement indicating the sections under which the order was passed and brief particulars of the orders.

I. Execution of the orders of the Authority and imposition of penalties:—

(i) monetary penalties details of recovery of penalty imposed, details of penalty imposed but not recovered, total number of matters and total amount of monetary penalty levied;

(ii) matters referred to court - total number of matters referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year;

(iii) matters referred to court for execution of order - total number of matters referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year.

J. Execution of the orders of the adjudicating officer and imposition of interest and compensation:

(i) interest and compensations-details of interest and compensation imposed, details of interest and compensation imposed but not paid, total number of matters and total amount of interest and compensations imposed, and

(ii) matters referred to court for execution of order - total number of matters referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year.
K. Appeals:
(i) Number of appeals filed against the orders of the Authority or the adjudicating officer in the year: (ii) Number of appeals pending at the beginning of the year: (iii) Appeals filed during the year: (iv) Number of appeals allowed by the Appellate Tribunal during the year: (v) Number of appeals disallowed by the Appellate Tribunal during the year: (vi) Brief write up on the appeals allowed by the Appellate Tribunal:

L. References received from the  Government under section 33: a brief narrative on references received from the Government under section 33 providing for - number of references received during the year, number of references

disposed of during the year, number of references pending at the end of the year.
M. Advocacy measures under sub-section (3) of section 33: a brief narrative on activities undertaken under sub-section (3) of section 33–

(i) workshops, seminars and other interactions with public/experts/policy-maker/ regulatory bodies on laws and polices relating to the real estate sector and for creating awareness on the same;

(ii) papers and studies published for advocacy on laws and policies relating to the real estate sector and for creating awareness on the same;

(iii) consultation papers published/placed on website of the Authority;

(iv) analytical papers prepared and examined;

(v) others.

N. Administration and establishment matters:

(i) report of the Secretary;

(ii) composition of the Authority;

(iii) details of Chairperson and Members appointed in the year and of those who demitted office;

(iv) details of adjudicating officers appointed in the year and those who demitted office;

(v) organizational structure;

(vi) a tabular statement containing information on personnel in the Authority, categorywise: sanctioned posts, posts filled up, vacancies, appointments made in the year etc.

O. Experts and consultants engaged: details of number of experts and consultants appointed in the year and of those who demitted office.

P. Employee welfare measures, if any, beyond the regular terms and conditions of employment, undertaken by the Authority.

(ii) receipts under broad categories in the Real Estate Regulatory Fund established under sub-section (1) of section 75;

(iii) actual expenditure under broad categories;

(iv) balance available in the Real Estate Regulatory Fund under sub-section (1) of section 75;

(v) any other information.

R. International co-operation: A brief narrative of international co-operation, if any, undertaken by the Authority.

(i) number of employees (category wise and grade wise) trained in house with details of such programmes like content, duration and faculty;

(ii) number of employees (category wise and grade wise) trained by outside institutions (separately within India and outside India) with details of names of institutions and duration also to specify whether training was under internship, exchange programme, fellowships, study leave, special arrangements with foreign universities/institutions;

(iii) expenditure of capacity building initiatives.

T. Ongoing programmes: A brief narrative of ongoing programmes.

U. Right to Information: A brief narrative of

(i) number of applications received by Public Information Officer (PIO) and Assistant Public Information Officer (APIO) seeking information under the Right to Information Act, 2005 (Central Act 22 of 2005);

(ii) Number of applications for which information has been provided by PIO;

(iii) number of applications pending with PIO;

(iv) number of appeals filed before the First Appellate Authority against the order of PIO;

(v) number of appeals which have been disposed of by First Appellate Authority;

(vi) number of appeals pending with the First Appellate Authority;

(vii) number of applications/appeals not disposed of in the stipulated time frame.

Chairperson (Signature)

Member(s) (Signature)

By order and in the name of the Governor of Goa.

J. Ashok Kumar, IAS, Director & ex officio Addl. Secretary (Urban Development).

Panaji, 23rd November, 2017.

Notification

11/35/2017-DMA/2467

Whereas, the draft rules namely, the Goa Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on website) Rules, 2017, which the Government of Goa proposed to make in exercise of the powers conferred by sub-section (1) and clauses (a) to (k) and (p) of sub-section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016), and all other powers enabling it in this behalf, were pre-published vide Notification No. 11/35/ /2017-DMA-1474, dated 22-8-2017, of the Department of Urban Development, in the Official Gazette, Series I No. 21, dated 24-8-2017 inviting objections and suggestions from all persons likely to be affected thereby before expiry of 10 days from the date of publication of the said Notification in the Official Gazette;

And whereas, the said Official Gazette was made available to the public on 24-8-2017;

And whereas, the said period for submitting suggestions/objections was extended upto 11-09-2017;

And whereas, the suggestions/objections received from the public on the draft rules within the stipulated period have been taken into consideration by the Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) and clauses (a) to (k) and (p) of sub-section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:—

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