(1) This Act may be called the Haryana Regulation of Property Dealers and Consultants Act, 2008.
(2) It extends to whole of the State of Haryana.
2[(3) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint.]
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 30th August, 2008, Page 3837.
2. This Act came into force on the 6th January, 2009, vide Haryana Govt. (Extraordinary Gazette) Revenue & Disaster Management Department, Notification No. S.O. 2/H.A.
38/2008/S. 18/2009, dated 6th January, 2009.
Short title, extent and commencement.
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2. In this Act, unless there is anything repugnant in the subject or context,—
(a) “Collector” means the Collector of the District or any officer specially appointed or empowered by the State Government under this Act;
(b) “commission” means the sum received by the property dealer in the shape of remuneration at the rates notified by the State Government from time to time;
(c) “Commissioner” means Commissioner of the Division concerned;
(d) “immovable property” includes land, plot, buildings, flats and things attached to the earth permanently, but does not include standing timber, crop or grass;
(e) “landlord” means a person who owns property under whom a tenant holds immovable property and to whom the tenant is, or but for a special contract would be liable to pay rent for that land or building;
(f) “license” means a license granted under sections 4 and 5 of this Act;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “property dealer” means any person or a company registered under the Companies Act, 1956 (Act 1 of 1956) or a society registered under the Societies Registration Act, 1860 (Act 21 of 1860) or a firm registered under the Indian Partnership Act, 1932 (Act 9 of 1932), and has been granted a license under sections 4 and 5 of this Act and discharges the responsibility of getting a deal finalized or negotiating for the sale, purchase, exchange, letting or taking on lease of or any other dealing with, the buyer and seller, lessor and lessee, landlord and tenant, in respect of any immovable property and gets commission as remuneration and includes a property consultant and estate agent;
(i) “rent” means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of immovable property held by him;
Definitions.
������ ���� � ��� �REGULATION OF PROPERTY DEALERS AND CONSULTANTS ���
(j) “State Government” means the Government of the State of Haryana in the Administrative Department;
(k) “tenant” means a person who holds immovable property under another person and is or but for a special contract would be liable to pay rent for that property;
(l) “trust money” means money received by the property dealer from the purchaser in order to finalize the deal which shall be part of consideration.
3. After commencement of this Act,—
(i) no property dealer or his representative, partner or any employee shall enter into transaction of sale, purchase, exchange, letting or taking on lease between the buyer and seller, lessor and lessee, landlord and tenant, including collecting of rent in respect of the immovable property, with any body in any manner without obtaining a license;
(ii) no property dealer or his representative, partner or any employee shall purchase, either directly or indirectly, any immovable property for which he has received or may receive commission from the owner of such property, except with the prior permission of the Collector.