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CS Executive · Economic, Commercial and Intellectual Property Laws · Real Estate Regulation and Development Law

Section 3 of the Real Estate (Regulation and Development) Act, 2016 deals with registration of real estate projects. A company secretary advises that it became operative on 1 May 2016, the date of the first notification. Is this advice correct?

The advice is wrong. Sections 3 to 19, including Section 3 on registration, came into force on 1 May 2017. The earlier notification of 1 May 2016 covered Section 2 and other groups of sections but not Section 3.

  1. AYes, because Section 1 states that the whole Act commenced on 1 May 2016
  2. BNo, because Sections 3 to 19 were brought into force on 1 May 2017, not 1 May 2016Correct
  3. CYes, because Section 3 was part of the notification dated 26 April 2016
  4. DNo, because Section 3 has never been brought into force

Explanation

The commencement footnote shows Sections 3 to 19 were notified to come into force on 1 May 2017. The 1 May 2016 notification covered Section 2, Sections 20 to 39, 41 to 58, 71 to 78 and 81 to 92. The advice therefore wrongly assumes a single commencement date.

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