‘Removal of Difficulties’ clause of RERA


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  1. rukhsartak

    The Ministry of Housing and Urban Affairs (MoHUA) plans to push through some of the suggested changes to the RERA (Real Estate Regulatory Authority) Act, 2016, through a ‘Removal of Difficulties’ order, which does not require Parliamentary approval for amendments.
    The window for such a process ends on May 1, 2019. However, home-buyers worry that such orders will dilute the Act’s pro-consumer provisions.
    A number of suggestions to change the Act and to improve implementation were made during four regional workshops held over the last few months, MoHUA secretary Durga Shanker Mishra said on Monday. Representatives from State RERAs, consumer and home-buyer federations, as well as builder and real estate groups, had participated in the workshops.
    Its recommendations of committee set up for the purpose would then be sent to the Secretary and the Minister for approval. Section 91 of the RERA Act gives the Centre power to issue orders to make provisions to remove difficulties in implementing the Act.

    Cause for concern
    Abhay Upadhyay, president of the Forum for People’s Collective Efforts set up to protect homebuyers and facilitate RERA implementation, is a member of that panel, but believes that making major amendments under the guise of a Removal of Difficulties order will be counter-productive. The Act was passed by the Parliament and received the President’s assent in March 2016. Certain sections, including Section 91, were notified on May 1, 2016. Others were notified on May 1, 2017.

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