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

Under the proviso to Section 1(3) of the Real Estate (Regulation and Development) Act, 2016, a provision refers to 'the commencement of this Act'. How should that reference be read for a provision that came into force on 1 May 2017?

Such a reference is construed as a reference to the coming into force of that particular provision. Because different provisions may commence on different dates, a provision that began on 1 May 2017 uses that date rather than the earlier 1 May 2016 notification date.

  1. AAs a reference to 1 May 2016, the date of the earliest notification
  2. BAs a reference to the date the Act received assent
  3. CAs a reference to the coming into force of that provisionCorrect
  4. DAs a reference to the date each State notified its rules

Explanation

The proviso says that where different dates are appointed for different provisions, any reference in a provision to commencement of the Act is construed as a reference to the coming into force of that provision. So a provision commencing on 1 May 2017 uses that date, not 1 May 2016.

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