 bill  no 105 of  2018 the real estate (regulation and development) amendment bill, 2018 by dr kirit premjibhai solanki, mp a billto amend the real estate (regulation and development) act, 2016be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the real estate (regulation and development) amendment act, 2018(2) it shall come into force on such date as the central government may, by notification, in the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisionamendment to section 716 of 2016102 in section 7 of the real estate (regulation and development) act, 2016 (hereinafterreferred to as the principal act), in sub-section (1), after clause (d), the following clause shallbe inserted, namely:—"(e) the promoter practices discrimination on the basis of caste, religion, race or sex in the booking or sale or purchase of any plot, apartment or building, in any real estate project or part of it"amendment to section 93 in section 9 of the principal act, for sub-section (7), the following sub-section shall be substituted, namely:—510"(7) where any real estate agent who has been granted registration under this act commits breach of any of the conditions thereof or any other terms and conditions specified under this act or any rules or regulations made thereunder or is found guilty of practicing discrimination on the basis of caste, religion, race or sex in the facilitation of the booking or sale or purchase of any plot, apartment or building in any real estate project or part of it, or where the authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the authority may, without prejudice to any other provisions under this act, revoke the registration or suspend the same for such period as it thinks fit:provided that no such revocation or suspension shall be made by the authority unless an opportunity of being heard has been given to the real estate agent"amendment to section 10154 in section 10 of the principal act, after clause (d), the following clause shall be inserted, namely:—"(da) not practice discrimination on the basis of caste, religion, race or sex, in the facilitation of the booking or sale or purchase of any plot, apartment or building, in any real estate project or part of it"amendment to section 22205 in section 22 of the principal act, for the words "social service, public affairs", the words "social service, environment, public affairs" shall be substituted6 in section 32 of the principal act,—amendment to section 32(a) for clause (e), the following clause shall be substituted, namely:—25"(e) measures to encourage construction of environmentally sustainable and affordable housing, with the aim of reducing adverse impact on land, water, air and forest resources during and post the construction of the real estate project, promoting standardisation and use of appropriate construction materials, fixtures, fittings and construction techniques;"; and (b) after clause (i), the following clause shall be inserted, namely:—30(ia) measures to address the prevalence and reduce the use of black money, tax evasion and fraud in the real estate sector and promote digitization of monetary transactions;"amendment to section 417 in section 41 of the principal act, in sub-section (3), for the words  "niti aayog", the words "ministry of environment, forest and climate change, niti aayog" shall be substituted statement of objects and reasonsthe real estate (regulation and development) act, 2016 was a historic step to regulate india's problem-ridden real estate sector by ensuring efficiency, transparency and the protection of consumer interests however, certain aspects had remained unaddressedthere is need to insert certain changes in several sections of the parent act with a view to ensuring the prohibition of discrimination on the basis of caste, religion, race or sex in the booking or sale or purchase of any plot, apartment or building, in any real estate project or part of it by a promoter or a real estate agent and including the promotion and encouragement of environmental sustainability while implementing any project as a goal within the actthe bill, therefore, seeks to amend the real estate (regulation and development) act,2016 with a view to include—(a) technical expertise in the domain of environmental sustainability within the real estate regulatory authority;(b) representatives from the ministry of environment, forests and climate change within the central advisory council; and(c) measures to address the prevalence and use of black money in the real estate sector by empowering the real estate regulatory authority to take action against such malpractices hence this billnew delhi;kirit  premjibhai  solankijanuary  5, 2018 annexure extract from the real estate (regulation and development) act, 2016 [16 of 2016]|     |     |     |     |    ||------|------|------|------|-----|revocation of registration7 (1) the authority may, on receipt of a complaint or suo motu in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that—|     |     |     |     |    ||------|------|------|------|-----|(d) the promoter indulges in any fraudulent practices|     |     |     |     |    ||------|------|------|------|-----|9 (1)    |               ||----------------|| registration   || of real estate || agents        |(7) where any real estate agent who has been granted registration under this act commits breach of any of the conditions thereof or any other terms and conditions specified under this act or any rules or regulations made thereunder, or where the authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the authority may, without prejudice to any other provisions under this act, revoke the registration or suspend the same for such period as it thinks fit: provided that no such revocation or suspension shall be made by the authority unless an opportunity of being heard has been given to the real estate agent|     |     |     |     |    ||------|------|------|------|-----|10 every real estate agent registered under section 9 shall—     functions of real estate agents(d) facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building, as the case may be;|               ||----------------|| qualifications || of             || chairperson    || and members    || of authority  |22 the chairperson and other members of the authority shall be appointed by the appropriate government on the recommendations of a selection committee consisting of the chief justice of the high court or his nominee, the secretary of the department dealing with housing and the law secretary, in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at-least twenty years in case of the chairperson and fifteen years in the case of the members in urban development, housing, real estate development, infrastructure, economics, technical experts from relevant fields, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration:provided that a person who is, or has been, in the service of the state government shall not be appointed as a chairperson unless such person has held the post of additional secretary to the central government or any equivalent post in the central government or state government:provided further that a person who is, or has been, in the service of the state government shall not be appointed as a member unless such person has held the post of secretary to the state government or any equivalent post in the state government or central government    32 the authority shall in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector make recommendations to the appropriate government of the competent authority, as the case may be, on,—functions of authority for promotion of real estate sector    (e) measures to encourage construction of environmentally sustainable and affordable housing, promoting standardisation and use of appropriate construction materials, fixtures, fittings and construction techniques;     (i) to render advice to the appropriate government in matters relating to the development of real estate sector;     41 (1)    (2)   establishment of central advisory council(3) the central advisory council shall consist of representatives of the ministry of finance, ministry of industry and commerce, ministry of urban development, ministry of consumer affairs, ministry of corporate affairs, ministry of law and justice, niti aayog, national housing bank, housing and urban development corporation, five representatives of state governments to be selected by rotation, five representatives of the real estate regulatory authorities to be selected by rotation, and any other central government department as notified    ———— a billto amend the real estate (regulation and development) act, 2016————(dr kirit premjibhai solanki, mp)mgipmrnd—290ls(s3)—08-06-2018