SHORT NOTE ON THE KARNATAKA DRAFT RULES ON RERA, 2016

i) There is no requirement on the part of the Real Estate Regulatory Authority to

operationalise a web-based system for submitting applications for the registration
of projects.
DUTIES OF THE PROMOTERS
ii) Though it lays down the duties of the promoters with regard to updating the
information on the website but it does not specify that they have to do this on a
.quarterly basis.
iii) It does not require that the advertisement or prospectus issued or published by the
promoter shall mention prominently the website address of the Authority, wherein
all details of the registered project have been entered and include the registration
number obtained from the Authority and such other matters incidental thereto.
iv) It does not talk about the following duties of the promoter which are mentioned in
Section 11(4), 12, 13, 15, 16 of the Act.
DUTIES OF THE ALLOTTEE
v) It does not talk about the duty of the allottee to participate towards the formation
of an association or society or cooperative society of the allottees or a federation
of the same. Second, It does not talk about the duty of the allottee that every
allottee has to take possession within a period of two months of the occupancy
certificate. Third, It does not mention about the duty of allottee that they have to
participate in registration of the conveyance deed.
COMPOSITION OF AUTHORITY
vi) It does not anywhere mention that there always needs to be at least two members
in the Real Estate Regulatory Authority.
REMOVAL OF THE MEMBERS OF THE AUTHORITY
vii) It does not talk about how the members can be additionally removed as mentioned
under Section 24 and 26 of the Act.
viii) It does not talk about the restrictions which are imposed on the members under
Section 27 of the Act.
FUNCTIONS OF THE AUTHORITY FOR THE PROMOTION OF REAL-ESTATE SECTOR

ix) It does not talk about the functions of the authority for the promotion of real-estate
sector as given Section 32 and 34 of the Act.
 POWERS OF THE AUTHORITY

x) It does not mention at all about the powers which have been given to the authority
under Section 35, 36, 37 and 38 of the Act.
CENTRAL ADVISORY COUNCIL
xi) It does not talk about Central Advisory Council at all.
REAL ESTATE APPELLATE TRIBUNAL
xii) It does not talk about how the members from the tribunal can be removed as laid
down in Section 49. It also does not talk about restrictions which have been
imposed with regard to what kind of employments the members can additionally
take.
Power to Adjudicate
xiii) It does not talk about how the compensation has to be adjudged under Section 71
of the Act. Particularly in relation to the fact that who should be consulted.
Moreover, how the quantum of compensation is to be decided by the adjudicating
officer under Section 72 of the Act is also not provided under the Rules.
Miscellaneous provisions
xiv) The whole miscellaneous provisions as provided in the Act have not been touched
upon by the Rules.
Land Cost+construction cost