Chapter IX MISCELLANEOUS

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the Appellate Tribunal is empowered by or under this Act to detern1rne.

The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified, in the order, such of its powers and functions under this Act (except the power to make regulations under section 64) as it may deem necessary.

1. (1) If, at any time, the Govenunent is of the opinion,-
   • (a) that, on account of the circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
   • (b) that the Authority has persistently defaulted in complying with direction given by the Govenunent under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority; or
   • (c) that circumstances exist which render it necessary in the public interest so to do, the Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the Government may direct to exercise the powers and discharge functions under this Act: Provided that before issuing any such notification, the Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations if any, of the Authority.
2. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,-
   • (a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such;
   • (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and
   • (c) all propetties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Government.
3. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other Members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment.
4. (4) The Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the Legislative Assembly.

1. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on questions of policy, as the Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
2. (2) If any dispute arises between the Government and the Authority as to whether a question is or is not a question of policy, the decision of the Government thereon shall be final.
3. (3) The Authority shall furnish to the Government such returns or other information with respect to its activities as the Government may, from time to time require.

Power of Government to make rules.-(1) The Government may, by notification, make rules for carrying out the provisions of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the information and documents for application before the Authority for registration under items (E) and (F) of sub-section (3) of section 3;
   • (b) the conditions under which registration of a promoter may be extended under section 5;
   • (c) the form of application for forming an association and an apex association and the manner in which they are to be constituted;
   • (d) the form and manner of making an application, fee and documents to be accompanied with such application under sub-section (2) of section 8;
   • (e) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 8;
   • (f) the validity of the period of registration and the manner and fee for renewal under sub-section (6) of section 8;
   • (g) the maintenance and preservation of books of account, records and documents under clause (b) of section 9;
   • (h) other functions to be discharged by the real estate agent under clause (e) of section 9;
     • (i) the manner in which association and apex associations shall be formed under sub-section (1) of section 10;
   • (j) the form of application for registration and the documents to accompany an application for registration of association;
   • (k) the rights and duties of associations under sub-section (3) of section 10;
   • (l) the rate of interest payable under section 12;
   • (m) the form and particulars of agreement under sub-section (2) of section 13;
   • (n) the rate of interest payable under clause (b) of section 17;
   • (o) the procedure for holding inquiry to adjudicate compensation payable under sections 12, 14 and 17;
   • (p) the salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and other Members of the Authority under sub-section (1) of section 24;
   • (q) the administrative powers of the Chairperson under section 25;
   • (r) the salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees of the Authority under sub-section (2) of section 28; the details to be published and maintained on the website as under clause (b) and under clause (d) of sub-section (2) of section 31;
   • (t) the additional functions which may be performed by the Authority under clause (iv) of sub-section (2) of section 33;
   • (u) the manner of recovery of interest, penalty and compensation under section 35;
     • (v) the form and manner and fee for filing of appeal under sub-section (2) of section 38;
   • (w) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 42;
     • (x) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 43;
   • (y) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 44;
   • (z) any other powers of the Tribunal under clause (g) of sub-section (4) of section 46;
   • (aa) the powers of the Chairperson of the Appellate Tribunal under section 47;
   • (ab) the terms and conditions and the payment of such sum for compounding of the offences under section 53;
   • (ac) the form to be specified in which the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 58;
   • (ad) the form in which and time at which the Authority shall prepare an annual report under sub-section (1) of section 59;
   • (ae) any other matters which is to be, or may be, prescribed by rules.

Power to make regulations.-(1) The Authority may, by notification, make regulations, with the approval of the Government, consistent with this Act and the rules made thereunder to carry out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
   • (a) the form and manner of making application and fee payable therewith under sub-section (2) of section 3;
   • (b) the fee for extension of registration under section 5;
   • (c) such other information and documents required under clause (d) of sub-section (1) of section 11;
   • (d) the manner of display of site and layout plans as required under clause (a) of sub-section (3) of section 11;
   • (e) preparation and maintenance of other details under sub-section (6) of section 11;
   • (f) time, places and the procedure in regard to transaction of business at the meetings of the Authority, under sub-section (1) of section 29;
   • (g) standard fees to be levied by the promoter on the allottees or the association of allottees under clause (e) of sub-section (2) of section 31;
   • (h) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by the regulations.

Laying of rules.-Every rule made by the Government, every regulation made by the Authority and every notification issued under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following the Legislative Assembly, makes any modification in the rule or regulation or in the notification, as the case may be, or decides that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be.

Members etc. to be public servants.-The Chairperson, Members and other officers and employees of the Authority and the Appellate Tribunal shall be deemed to be public servants within the meaning of section 21 of Indian Penal Code (Central Act 45 of 1860).

Application of other laws not barred.-The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

Act to have overriding effect.-The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Protection of action done in good faith.-No suit, prosecution or other legal proceeding shall lie against the Government or the Authority or any officer of the Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear, to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.

1. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

Repeal and Saving.-(1) The Kerala Real Estate (Regulation and Development) Ordinance, 2015 (10 of 2015) is hereby repealed.

1. (2) Notwithstanding the repeal of the Kerala Real Estate (Regulation and Development) Ordinance, 2015 (10 of 2015) anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.
2. (3) Notwithstanding anything contained in this Act, no person alleged to have committed an offence, during the period from the 21st day of July, 2015 to the 21st day of August, 2015 is liable to be convicted under this Act.