minutes ofsecond meeting of the central advisory council...

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Mi nut es of Second Meet i ngof the Cent ral Advi sory Counci l const i t ut ed under the provi si ons of t he Real Est at e(Regul at i on and Devel opment ) Act , 2016 hel d t hrough webi nar on 29. 04. 2020 at 03:00 P. M. under the chai rmanship of Shri Hardeep S Puri, Hon'bl e Mi ni st erof St at e (1/C), Housi ng and Urban Aff ai rs. Second meeti ng of Central Adv i sory Council (CAC) consti tuted under the provi si ons of the Real Estate (Regul ation and Devel opment) Act, 2016 ( RERA) was hel d through webi nar on 29.04.2020 under the chai r mans hi p of Hon' bl e Mi ni s ter of State (I/C), Hous i ng and Ur ban Affai r s (MoHUA). Al l the part i c i pants were vi si bl e and audi bl e. Hon'bl e MoS (1/C) , MoHUA; Secretary, MoHUA; Additi onal Secretary, MoHUA; and Economi c Adv i sor (Housi ng) , MoHUA part i c i patedi n the meeti ng from conference room at 123- C, Ni rman Bhawan. The l i st of part i c i pantsi s A nnexed. 2. Wel comi ng the Chai r per son and Members to the meeti ng, the member - convenor of the CAC, Addi ti onal Secretary, MoHUA i nfor med that asper the provi si ons of RERA, the functi onsof the CAC, i nter ali a, i s to adv i se and recommend to the Central Government on matters concerni ng the i mpl ementati on of the Act, on maj or questions of poli cy, towar ds protecti onof consumer i nterests and to foster the growth and devel opment of the real estate sector . He i nfor med that thi s ur gent meeti ng over webi nar hasbeencalled todi scuss the measures requi red to be takenunder RERA i nvi ew of si tuati oncreated by the pandemi cCOVID- 19 (Cor ona Vi r us) and consequent nati on- wi de l ockdown, reverse mi gr ati on of l abour ers to thei r nati vepl aces and break i nsuppl ychai n of constructi on mater i al , has adver sel y i mpacted the constr ucti on acti vi ties of real estate proj ects ac ross the country. 3. In hi s i ntroductory remarks, the Chai r person wel comed the part i c ipants to the meeti ng and observed that the pandemi c COVID- 19 had asudden and signi fi cant i mpact on al laspects of peopl e's l i ves ac ross the wor l d. It has di sr upted i ndustri es, trade, suppl ychai ns and busi nesscycles , thus hal ti ngeconomi c acti v i ties ac ross wor ld and Indi a i snot an excepti on. signi fi cantl y . Thi spandemi c i s deepl y hurt i ng the economi c i nterests of al l the sectorsi ncl udi ng real estate.Indi an real estate sector , whi c h was al ready faci ngprobl ems due to weak demandandi nadequate l i qui dity, i s now wi tnessi ng another hit due to cur rent pandemi c . He assur ed that Government, under the l eader shi p of Hon'bl e Pr i me Mi ni ster , i s taki ng all the necessary steps through var i ous Mi ni str i es / Depart ments to overcome thi schallenge i ncludi ng various regul atory, fiscal and fi nanc i al measur es . He br i efl y nar rated var i ous steps taken by Government of Indi a to i mprove l iqui di ty and safeguard the i nterest of Indi an compani es espec i al l y small er compani es.

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Page 1: Minutes ofSecond Meeting of the Central Advisory Council ...mohua.gov.in/upload/uploadfiles/files/RERA-2-7.pdfIt was informed that in view of the outbreak ofCOVID-19, the Real Estate

Minutes of Second Meeting of the Central Advisory Councilconstituted under the provisions of the Real Estate (Regulation andDevelopment) Act, 2016 held through webinar on 29.04.2020 at03:00 P.M. under the chairmanship of Shri Hardeep S Puri, Hon'bleMinister of State (1/C), Housing and Urban Affairs.

Second meeting of Central Advisory Council (CAC) constituted under theprovisions of the Real Estate (Regulation and Development) Act, 2016 ( RERA) washeld through webinar on 29.04.2020 under the chairmanship of Hon'ble Minister ofState (I/C), Housing and Urban Affairs (MoHUA). All the participants were visibleand audible. Hon'ble MoS (1/C), MoHUA; Secretary, MoHUA; Additional Secretary,MoHUA; and Economic Advisor (Housing), MoHUA participated in the meeting fromconference room at 123-C, Nirman Bhawan. The list of participants is Annexed.

2. Welcoming the Chairperson and Members to the meeting, the member­convenor of the CAC, Additional Secretary, MoHUA informed that as per theprovisions of RERA, the functions of the CAC, inter alia, is to advise andrecommend to the Central Government on matters concerning the implementationof the Act, on major questions of policy, towards protection of consumer interestsand to foster the growth and development of the real estate sector. He informedthat this urgent meeting over webinar has been called to discuss the measuresrequired to be taken under RERA in view of situation created by thepandemic COVID-19 (Corona Virus) and consequent nation-wide lockdown,reverse migration of labourers to their native places and break in supply chain ofconstruction material, has adversely impacted the construction activities of realestate projects across the country.

3. In his introductory remarks, the Chairperson welcomed the participants to themeeting and observed that the pandemic COVID-19 had a sudden and significantimpact on all aspects of people's lives across the world. It has disrupted industries,trade, supply chains and business cycles, thus halting economic activities acrossworld and India is not an exception. significantly. This pandemic is deeply hurting theeconomic interests of all the sectors including real estate. Indian real estate sector,which was already facing problems due to weak demand and inadequate liquidity, isnow witnessing another hit due to current pandemic. He assured that Government,under the leadership of Hon'ble Prime Minister, is taking all the necessary stepsthrough various Ministries / Departments to overcome this challenge includingvarious regulatory, fiscal and financial measures. He briefly narrated various stepstaken by Government of India to improve liquidity and safeguard the interest ofIndian companies especially smaller companies.

Page 2: Minutes ofSecond Meeting of the Central Advisory Council ...mohua.gov.in/upload/uploadfiles/files/RERA-2-7.pdfIt was informed that in view of the outbreak ofCOVID-19, the Real Estate

4. Chairman invited CAC members to participate in the deliberationswholeheartedly in order that the Council may chalk out urgent measures required tobe taken under RERA in order to provide relief to ongoing real estate projects inorder to safeguard the interests of both real estate developers and homebuyers.

5. It was informed that the meeting was specifically called to deliberate the impactof pandemic COVID-19 (Corona Virus) and consequent nationwide lockdown on realestate project and to treat this as an event of Force Majeure under the provisions ofReal Estate (Regulation and Development) Act, 2016 (RERA).

6. Secretary, MoHUA informed that during various deliberations with the RealEstate Regulatory Authorities of States / Union Territories, representatives ofNAREDCO, CREDAI, FICCI, ASSOCHAM and other stakeholders, it has emergedthat due to spread of pandemic of COVID-19, work on the real estate projects hascome to total halt and will take quite some time to restart in full gear. He furtherobserved that Section 6 of RERA provides for 'extension of registration of real estateproject' on account of "force majeure" which includes any calamity caused by natureaffecting the regular development of the real estate projects.

7. The participants acknowledged that the current pandemic caused by natureis affecting regular development of real estate projects and expressed their concernsover the current state of affairs and appealed to the Government for early resumptionof construction activities by following the prescribed SOP.

8. It was informed that in view of the outbreak of COVID-19, the Real EstateRegulatory Authorities of Maharashtra, Gujarat, Uttar Pradesh and Tamil Nadu havealready issued orders in their respective States for extension of registration of realestate projects from 3 to 5 months under the provisions of RERA.

9. It was therefore decided to recommend to the Central Government that inorder to avoid submission of multiple applications for extension of each project andorders thereon, States/Union Territories and their Regulatory Authorities may beadvised to issue necessary orders/directions under the enabling provisions of RERAto the effect that the timelines of project registered under RERA, automaticallystands extended by 6 months in respect of all real estate projects, where thecompletion date or revised completion date or extended completion date expires onor after 25"March, 2020.

10. It was further decided that under provisions of RERA, the RegulatoryAuthorities may, at their own discretion, consider to further extend the registration bya period upto 3 months, if the situation in their respective State or any partthereof needs special consideration in view of current pandemic, for the reasons to

Page 3: Minutes ofSecond Meeting of the Central Advisory Council ...mohua.gov.in/upload/uploadfiles/files/RERA-2-7.pdfIt was informed that in view of the outbreak ofCOVID-19, the Real Estate

be recorded in writing. Regulatory Authorities may also extend concurrently thetimelines of all statutory compliances in accordance with the provisions of RERA andthe rules and regulations made thereunder.

11. The Chairman, concluding the discussion, requested the Real EstateRegulatory Authorities to issue necessary directions to all developers to takenecessary safety measures and precautions to ensure the safety of staff andworkers by maintaining 'Social Distancing' and abide the guidelines issued byGovernment from time to time regarding Covid-19. He further acknowledged andappreciated the efforts being taken by real estate regulatory authorities. He statedthat during this difficult time, we need to work as Team- India and real estate sectorbeing one of the very important pillars of economy and development of the country,needs to be strengthened.

12. The Chairperson thanked the participants for their valuable suggestions andurged that in this hour of crisis all States/UTs and their Real Estate RegulatoryAuthorities must remain ahead of the curve and take necessary actions to ensurethat the problems being faced by the real estate sector are minimised.

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Page 4: Minutes ofSecond Meeting of the Central Advisory Council ...mohua.gov.in/upload/uploadfiles/files/RERA-2-7.pdfIt was informed that in view of the outbreak ofCOVID-19, the Real Estate

Annexure

Second Meeting of the Central Advisory Council constituted under theprovision of the Real Estate (Regulation and Development) Act, 2016 on

290 April, 2020 at 03:00 P.M. through Video Conferencing.

SI. No. Name Designation AttendanceShri Hardeep s Puri,Hon'ble Chairperson (ex­ pMinister of State (1/C), Housing officio)

1. and Urban Affairs, Government oIndiaShri Amitabh Kant, CEO, Niti Member (ex-officio) pAayog, Government of India

2.Shri Durga ShankerMember (ex-officio) pMishra,Secretary, Ministry o1

3. Housing and Urban Affairs,Government of IndiaSecretary, Department of Legal Member (ex-officio) pAffairs, Ministry of Law and

4. Justice, Government of IndiaShri Shiv Das Meena, Additional Member Convener pSecretary (Housing), Ministry of (ex-officio)

5. Housing and Urban affairs,Government of IndiaSecretary, Department of Member (ex-officio) pRevenue, Ministry of Shri Manish Sinha, Joint

6. Finance, Government of India Secretary, CBICSecretary, Department of Member (ex-officio) -Economic Affairs, Ministry

7. of Finance, Government of IndiaSecretary, Department of Member (ex-officio) -Industrial Policy and Promotion,

8. Ministry of Commerceand Industry, Government o1IndiaSecretary, Department of Member (ex-officio) -Consumer Affairs, Ministry 0

9. Consumer Affairs, Food andPublic Distribution, Governmentof IndiaSecretary, Ministry of Corporate Member (ex-officio) -Affairs, Government of India

10.Managing Director, National Member (ex-officio) pHousing Bank (NHB) (Shri S.K.Hota)

11.Shri Nagraj, Chairman and Member (ex-officio) p

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Managing Director, Housing12. and Urban Development

Corporation (HUDCO)Chief Secretary, Government of Member (ex-officio) -National Capital Territory of

13. DelhiAdditional Chief Secretary /Member (ex-officio)Principal Secretary / Secretary, -14. Government of Uttar Pradesh(dealing with implementation ofthe Act)Additional Chief Secretary/ Member (ex-officio) pPrincipal Secretary/ Secretary, Shri Sushanto Mishra

15. Government of Odisha (dealing Joint Secretary, Housing &with implementation of the Act) UD.Additional Chief Secretary/ Member (ex-officio) -Principal Secretary/ Secretary,

16. Government of Haryana (dealingwith implementation of the Act)Additional Chief Secretary/ Member (ex-officio) pPrincipal Secretary / Secretary, Shri Rajesh Lakhani

17. Government of Tamil Principal SecretaryNadu (dealing withimplementation of the Act)Shri Gautam Member (ex-officio) pChatterjee,Chairman, Real

18. Estate Regulatory Authority,MaharashtraShri Amarjit SinghChairman, Member (ex-officio) pReal Estate Shri Paramjeet Singh

19. Regulatory Authority, GujaratShri Anthony De Sa, Chairman, Member (ex-officio) pReal Estate

20. Regulatory Authority, MadhyaPradeshChairman, Real Estate Member (ex-officio) -Regulatory Authority, Assam

21.Chairman, Real Estate Member (ex-officio) -Regulatory Authority, Karnataka

22.President, National Real Estate Member (ex-officio) pDevelopment (Shri Niranjan Hiranandani)

23. Council (NAREDCO) (NewDelhi)President, Confederation of Real Member (ex-officio) pEstate Developers Association (Shri Satish Manger)

24. of India (CREDAI) (New Delhi)President, Forum for People's Member p

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Collective Efforts (Shri Shanker)25. (FPCE), Kolkata (West Bengal)

Chairman, Federation of Member pApartment Owners (Gen. Shri SK Bahri)

26. Association (FAOA), Gurgaon,HaryanaChairperson, National Association Member pof Realtors - India (NAR-INDIA), (Shri Ravi Verma)

27. Gurgaon, HaryanaChairperson, Central Building and Member (ex-officio) pOther Construction Workers (Shri Srinivasnan Naidu)

28. Advisory Committee (or hisnominee), Ministry of Labourand Employment, Governmentof IndiaFounder, Namma Bengaluru Member pFoundation (or his (Shri Harish Kumar)

29. nominee), Bengaluru KarnatakaManaging Director, Liases Foras, Member pMumbai, Maharashtra

30.