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Section 4

The Haryana Regulation of Property Dealers And Consultants Act, 2008 (38 of 2008)State Act of Haryana · Act 38 of 2008

(1) An application for the grant or renewal of a licence shall be made to the Collector in such form and manner, accompanied with such fee, as may be prescribed.

(2) The Collector may revoke at any time a licence on the following grounds, namely :—

(a) breach of any terms and conditions of the licence and rules;

(b) giving wrong information at any stage;

(c) irregularity in maintenance of record, as may be prescribed;

(d) indulging in malpractices and unfair dealings, as may be prescribed;

(e) failure to deposit the copy of agreement to sell between the parties with the Collector;

(f) failure to give the details of commission to the Collector in each dealing :

Licensing of property dealer.

Grant, renewal or revocation of license.

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Provided that no licence shall be revoked without giving the aggrieved person an opportunity of being heard.

(3) No property dealer whose license has been revoked shall be employed in any capacity with any other property dealer.

5. A licence shall be granted on such terms and conditions, as may be prescribed.

6. Any dispute arising between the property dealer and any of the parties to the deal under this Act or the rules framed thereunder shall be decided by the Collector on an application made by the aggrieved person in such form and manner, as may be prescribed.

7. Any person aggrieved by an order made by the Collector may, within a period of sixty days of communication to him of such order, prefer an appeal to the Commissioner, in such form and manner, as may be prescribed :

Provided that the Commissioner may entertain an appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

8. Notwithstanding anything contained in the foregoing section, the State Government may, suo motu, at any time or on an application received in this behalf from any of the parties, call for the record of any proceedings or order of any subordinate authority for the purpose of satisfying as to the legality or proprietary of last proceeding or order and may modify or reverse or remand or pass such order in relation thereto as it may deem fit :

Provided that no such order reversing or modifying any proceeding or order of subordinate authority affecting any question or right of any party shall be passed without giving such party an opportunity of being heard.

9. No civil court shall have jurisdiction to entertain, proceed, settle, decide or deal with any matter which is required to be settled, decided or dealt with under this Act by the authorities empowered thereunder.

10. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provision or give such direction not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty.

11. The amount or other sum payable under this Act and the amount of any penalty imposed under this Act may be recovered as arrears of land revenue.

Terms and conditions of licence.

Settlement of dispute.

Appeal.

Revision.

Bar of jurisdiction.

Power to remove difficulties.

Mode of recovery of amount and penalty.

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12. No suit, prosecution or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under or in pursuance of this Act or any rules made thereunder.

13. Every officer and official acting under or in pursuance of the provisions of this Act or any rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

14. In all enquiries and proceedings under this Act, the Collector shall have such powers and follow such procedure, as may be prescribed.

15. Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority either on his own motion or on an application received in this behalf from any of the parties.

16. Any officer or authority holding an enquiry or hearing an appeal under this Act shall have the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), relating to—

(a) proof of facts by affidavits;

(b) enforcing attendance of any person and his examination on oath;

(c) production of documents, and every such officer or authority shall be deemed to be a civil court.

Where this provision sits

ActThe Haryana Regulation of Property Dealers And Consultants Act, 2008 (38 of 2008)
Section4
JurisdictionState of Haryana
StatusIn force as published by the source

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