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NOTE ON APPOINTMENT OF LEGAL CONSULTANT UNDER RERA

1. The appointment in question is generally covered (no specific provision) under


functions of the authority under Section 32 of the Real Estate (Regulation and
Development), Act, 2016, (hereinafter “RERA”) under which legal assistance
can be required for any of the functions listed therein. Provisions of the said Section
are attached to this Note.

2. The appointment is also covered under Section 35 of the RERA which allows
the authority to appoint one or more persons to make an inquiry in relation to
the affairs of any promoter or allottee or the real estate agent. Provisions of the said
Section are attached to this Note.

3. Under Rule 22(2) of the Uttar Pradesh Real Estate (Regulation And
Development) Rules, 2016, the authority is given specific powers to call upon
such experts or consultants from the fields of economics, commerce,
accountancy, real estate, competition, construction, architecture or engineering
or from any other discipline as it deems necessary, to assist the authority in the
conduct of any inquiry or proceedings before it. Provisions of the said Rule are attached
to this Note.

4. Almost identical provision has also been included in the National Capital
Territory of Delhi Real Estate (Regulation and Development) (General) Rules,
2016 as Rule 22(2) which allows the authority to call upon such experts or
consultants from the fields of economics, commerce, accountancy, real estate,
competition, construction, architecture, law or engineering or from any other
discipline as it deems necessary, to assist the Authority in the conduct of quality
audit or of any inquiry or proceedings before it. Provisions of the said Rule are attached
to this Note.

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