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Section 38: Powers of Authority.

The Real Estate (Regulation and Development) Act, 2016.Central Act · Act 16 of 2016

(1) The Authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder.

(2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure.

(3) Where an issue is raised relating to agreement, action, omission, practice or procedure that

(a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or

(b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely,

then the Authority, may, suo motu, make reference in respect of such issue to the Competition Commission of India.

Where this provision sits

ActThe Real Estate (Regulation and Development) Act, 2016.
Section38
Marginal notePowers of Authority.
JurisdictionCentral
StatusIn force as published by the source

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