03. REGULATORY AUTHORITY



REAL ESTATE REGULATORY AUTHORITY 

18. Manner of selection of Chairperson and other Members of the Authority.— 

(1) As and when vacancies of Chairperson or any other Member in the Authority exist or arise, or are likely to arise, the Government may make a reference to the Selection Committee in respect of the vacancies to be filled as per provisions of Section 21. 

(2) The Government shall expeditiously constitute a selection committee, as often as may be required, to select persons for appointment as Chairperson and Members.  

(3) The Selection Committee shall consist of the following members, namely:— 

(a) Chief Justice of High Court of Orissa or his nominee shall be the Chairman;

(b) Additional Chief Secretary or Principal Secretary or Secretary to Government, Department of Law shall be the member; and

(c) Additional Chief Secretary or Principal Secretary or Secretary to Government, Housing & Urban Development Department shall be the Member and Convenor of the Selection Committee. 

(4) The Selection Committee may, for the purpose of selection of the Chairperson or Member of the Authority, follow such procedure as deemed fit including the appointment of a Search Committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names for appointment as Chairperson or Member of the Authority. 

(5) The Selection Committee shall select two persons for each vacancy and recommend the same to the Government. 

(6) The Selection Committee shall make its recommendation to the Government within a period of not exceeding sixty days from the date of reference made under sub-rule (1). 

(7) The Government shall within thirty days from the date of receipt of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Chairperson or other Member, as the case may be. 

19. Salary and allowances payable and other terms and conditions of service of Chairperson and other Members of the Authority.—

(1) The salaries and allowances payable to the Chairperson and other Members of the Authority shall be as follows:— 

(a) the Chairperson of the Authority shall be paid a salary equivalent to that of the Chief Secretary of the State Government; and (b) the Members of the Authority shall be paid a salary equivalent to Principal Secretary of the State Government. 

(2) Dearness Allowance and City Compensatory Allowance:

The Chairperson or the Member of the Authority shall be entitled to receive Dearness Allowance and other allowances at the rate as are admissible to the Chief Secretary  of the State Government or Principal Secretary of the State Government respectively: 

Provided that in case a person appointed as the Chairperson or a member is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension including any commuted portion thereof drawn by him. 

(3) Leave:

(a)The Chairperson or a Member shall be entitled to thirty days of earned leave for every completed year of service.  

(b) Leave sanctioning authority.- Leave sanctioning authority in case of,— 

(i) The Chairperson of the Authority, shall be the Minister-in-Charge of the Housing & Urban Development Department of the State Government; and (ii) The Members of the Authority, shall be the Chairperson  

(4) Other Allowances & Benefits: The other allowances including travelling allowance, daily allowance, leave travel concession, medical facilities, conveyance facilities, accommodation, telephone facilities and other allowances shall be same as admissible to the Chief Secretary or the Principal Secretary to the State Government, as the case may be.   

20. Administrative powers of the Chairperson of the Authority.

 (1)Subject to the provisions of the Act, the administrative powers of the Chairperson of the Authority shall include making decisions with regard to the following:— 
(a) officiating against sanctioned posts;

(b) authorisation of tours to be undertaken by any Member, officer or employee of the Authority within India;

(c) matters in relation to reimbursement of medical claims;

(d) matters in relation to grant or rejection of leaves;

(e) nominations for attending seminars, conferences and training courses in India;

(f) permission for invitation of guests to carry out training course;

(g) matters pertaining to staff welfare expenses;

(h) sanction or scrapping or write-off of capital assets which due to normal wear and tear have become unserviceable or are considered beyond economical repairs;

(i) matters relating to disciplinary action against any Member, officer or employee of the Authority. 

(2). The Chairman of the Authority shall also exercise such other powers that may be required for the efficient functioning of the Authority and enforcement of the provisions of the Act and the rules and regulations made thereunder.  

21. Salary and allowances payable to and the other terms and conditions of service of the officers and of the employees of the Authority.—

(1) The conditions of service of the officers and employees of the Authority in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay. 

(2) The Government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees.  

22. Categories of Officers and employees of the Authority.

 The nature and categories of officers and employees of the Authority shall be recommended by the Authority for consideration of the Government which shall be approved with or without modifications, as the case may be, by the Government.  

23. Conditions of Service.—

(1) The conditions of service of the officers and employees of the Authority and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay; 

Provided that the provisions of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 shall apply to the officers and employees of the Authority subject to modification specified in the schedule to these rules. 

(2) Consultants or experts may be engaged by the Authority to facilitate its discharge of functions. The consultants or experts shall be paid a monthly honorarium as may be determined by the Government from time to time. 

(3) The consultants or experts shall not be deemed to be regular members of the Staff borne on the establishment of the Authority. The consultants or experts may be appointed for tenure of one year, extendable on year to year basis. 

(4) The term of the appointment of consultants or experts may be terminated by the Authority by serving one months’ notice. 

(5) The Government shall have powers to relax the provisions of any of these rules in respect of any class or category of officers or employees or consultants and experts as the case may be for the reasons recorded in writing.  

24. Functioning of the Authority.—

(1) The office of the Authority shall be located at Bhubaneswar or at such place as may be determined by the Government by notification. 

(2) The working days and office hours of the Authority shall be the same as that of the normal working days and office hours of the other offices of the Government. 

(3) The official common seal and emblem of the Authority shall be such as the Government may specify. 

(4) Every notice, order and direction of the Authority shall bear the seal of the Authority which shall be in custody with the person designated by the Chairperson. 

(5) The Authority shall ordinarily have sittings at its headquarters and at such other places as the Chairperson may by general or special order specify.  

25. Additional powers of the Authority.—

(1) In addition to the powers specified in clause (iv) of sub-section (2) of Section 35, the Authority shall exercise the following additional powers,— 

(a) require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary; (b) requisitioning, subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of1872), any public record or document or copy of such record or document from any office. 

(2) The Authority may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Authority in the conduct of any inquiry or proceedings before it. 

(3) The Authority may in the interest of the allottees, inquire into the payment of amounts imposed as penalty, interest or compensation, paid or payable by the promoter, in order to ensure that the promoter has not,— 

(a) withdrawn the said amounts from the account maintained under sub-clause (D) of clause (l) of sub-section(2) of Section 4 of the Act; or (b) used any amounts paid to such promoter by the allottees for that real estate project for which the penalty, interest or compensation is payable, or any other real estate project; or (c) recovered the amounts paid as penalty, fine or compensation from the allottees of the relevant real estate project or any other real estate project.  

26. Recovery of interest, penalty and compensation. —

Subject to the provisions of sub-section (1) of section 40, the recovery of the amounts due such as interest, penalty or compensation shall be recovered as arrears of land revenue in the manner provided under the Odisha Public Demands Recovery Act, 29162 (Odisha Act, 1 of 1963). 

REAL ESTATE APPELLATE TRIBUNAL  

27. Appeal and the fees payable.—

(1) Every appeal filed under sub-section (1) of section 44 of the Act shall be accompanied by a fees of five thousand rupees in the form of a demand draft drawn on a scheduled bank in favour of the Appellate Tribunal and payable at the branch of that Bank at the station where the seat of the said Appellate Tribunal is situated or through online payment, as the case may be. 

(2) Every appeal shall be filed in Form ‘J’, in triplicate, until the application procedure is made web based, along with the following documents, namely:— 

(a) True copy of the order against which the appeal is filed; (b) Copies of the documents relied upon by the appellant and referred to in the appeal; and (c) An index of the documents. 

(3) Every appeal shall be either filed at the filing counter of the Registry of the Appellate Tribunal or through a registered post or through online system, as applicable. 

(4) In case of an appeal sent by post under sub-rule (3), it shall be deemed to have been presented to the Appellate Tribunal on the day on which it is received in its office. 

(5) Where a party to the appeal is represented by an authorised person, as provided under section 56 of the Act, a copy of the authorisation to act as such and the written consent thereto by such authorised person, both in original, shall be appended to the appeal or the reply to the notice of the appeal, as the case may be. 

(6) On the date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties or their agents, as the case may be, to appear before the Appellate Tribunal: 
Provided that where the appellant or his authorised person, as the case may be, fails to appear before the Appellate Tribunal on such days, the Appellate Tribunal may in its discretion either dismiss the appeal for default or decide it on merits and where the opposite party or his authorised person fails to appear on the date of hearing, the Appellate Tribunal may decide the appeal ex parte. 

(7) The procedure for day to day functioning of the Appellate Tribunal, which have not been provided by the Act or the rules made thereunder, shall be as specified by the Appellate Tribunal.  

28. Manner of selection of Members of the Appellate Tribunal.—

(1) As and when vacancies of a Member in the Appellate Tribunal exist or arise, or are likely to arise, the Government may make a reference to the Selection Committee in respect of the vacancies to be filled. 

(2) The Selection Committee may, for the purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of a Search Committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Member of the Appellate Tribunal. 

(3) The Selection Committee shall select two persons for each vacancy and recommend the same to the Government. 

(4) The Selection Committee shall make its recommendation to the Government within a period of sixty days from the date of reference made under sub-rule (1). 

(5) The Government shall within thirty days from the date of the receipt of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Member.  

29. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of Appellate Tribunal.

 (1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows,:— 

(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge of a High Court; (b) The Member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a Member of the Appellate Tribunal; and (c) The Member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Principal  Secretary to the Government. 

(2) The Chairperson and every other Member shall be entitled to thirty days of earned leave for every completed year of service. 

(3) The other allowances and conditions of service of the Chairperson and the Member shall be as admissible to a Judge of High Court or Principal Secretary to Government, as the case may be.  Provided that in case a person appointed as the Chairperson or a member is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension including any commuted portion thereof drawn by him.   

30. Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal.—

(1) The Government shall on the occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of Section 26 of the Act in case of a Chairperson or Member of the Authority or as specified under subsection(1) of Section 49 in case of a Chairperson or Member of the Appellate Tribunal, either by receipt of a complaint in this regard or suo motu, as the case may be, make a preliminary scrutiny with respect to such charges against the Chairperson or any Member of the Authority or Appellate Tribunal, as the case may be. 

(2) If, on preliminary scrutiny, the Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before the Chief Justice of the High Court to appoint a sitting or retired Judge of the High Court. 

(3) The Government shall forward to the Judge appointed under sub-rule (2), copies of,- 

(a) the statement of charges against the Chairperson or Member of the Authority or Appellate Tribunal, as the case may be; and (b) material documents relevant to the inquiry. 

(4) The Chairperson or Member of the Authority or Appellate Tribunal, as the case may be, shall be given a reasonable opportunity of being heard with respect to the charges within the time period as may be specified in this behalf by the Judge conducting the inquiry in the matter. 

(5) Where it is alleged that the Chairperson or Member of an Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Chairperson or Member of the Appellate Tribunal.

(6) After the conclusion of the investigation, the Judge shall submit his report to the Government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit. 

(7) After receipt of the report under sub-rule (6), the Government shall in consultation with the Chief Justice of the High Court decide to either remove or not to remove the Chairperson or Member of the Authority or Appellate Tribunal, as the case may be.  

31. Salary and allowances payable and other terms and conditions of service of officers and other employees of Appellate Tribunal.

(1) The conditions of service of the officers and employees of the Appellate Tribunal and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, as applicable to officers and employees of the Government and drawing the corresponding scales of pay. 

(2) The Government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees, as the case may be.  

32. Categories of Officers and employees of the Appellate Tribunal.

 The nature and categories of officers and employees of the Tribunal shall be recommended by the Tribunal for consideration of the Government which shall be approved with or without modifications, as the case may be.   

33. Conditions of Service.—

The conditions of service of the officers and employees of the Appellate Tribunal and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay: 

Provided that the provisions of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 shall apply to these officers and employees of the Appellate Tribunal subject to modification specified in the schedule to these rules.  

34. Additional powers of the Appellate Tribunal.—

(1) In addition to the powers specified in clause (g) of sub-section(4) of Section 53 of the Act, the Appellate Tribunal shall exercise the following additional powers,— 

(a) Require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary. (b) Requisitioning, subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of1872), any public record or document or copy of such record or document from any office. 

(2) The Appellate Tribunal may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.  

35. Administrative powers of the Chairperson of the Appellate Tribunal.—

(1) The Chairperson of the Appellate Tribunal shall exercise the following administrative powers namely:— 

(a) Officiating against sanctioned posts. 

(b) Authorisation of tours to be undertaken by any Member, officer or employee: within India.

(c) Matters in relation to reimbursement of medical claims.

(d) Matters in relation to grant or rejection of leaves.

(e) Nominations for attending seminars, conferences and training courses in India.

(f) Permission for invitation of guests to carry out training course

(g) Matters pertaining to staff welfare expenses

(h) Sanction or scrapping or write-off of capital assets which due to normal wear and tear have become unserviceable or are considered beyond economical repairs

(i) All matters relating to disciplinary action against any Member, officer or employee. 

(2) The Chairperson of the Appellate Tribunal shall also exercise such other powers that may be required for the efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and the rules and regulations made thereunder.  

36. Functioning of the Appellate Tribunal.—

(1) The office of the Appellate Tribunal shall be located at such place as may be determined by the Government by notification. 

(2) The working days and office hours of the Appellate Tribunal shall be the same as that of the normal working days and office hours of the other offices of the Government. 

(3) The official common seal and emblem of the Appellate Tribunal shall be such as the Government may specify. 

(4) Every notice, order and judgment of the Appellate Tribunal shall bear the seal of the Appellate Tribunal which shall be in custody with the person designated by the Chairperson. 

(5) The Appellate Tribunal shall ordinarily have sittings at its headquarters and at such places as the Chairperson may by general or special order specify. 

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