The Haryana Regulation of Property Dealers And Consultants Act, 2008 (38 of 2008)

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THE  HARYANA  REGULATION  OF  PROPERTY  DEALERS
AND  CONSULTANTS  ACT, 2008
(Haryana Act No. 38 of 2008)
Table of contents
SECTIONS:
1. Short title, extent and commencement.
2. Definitions.
3. Licensing of property dealer.
4. Grant, renewal or revocation of license.
5. Terms and conditions of licence.
6. Settlement of dispute.
7. Appeal.
8. Revision.
9. Bar of jurisdiction.
10. Power to remove difficulties.
11. Mode of recovery of amount and penalty.
12. Protection of action taken in good faith.
13. Officers to be public servants.
14. Procedure.
15. Corrrection of clerical errors.
16. Officers holding enquiries to have powers of civil court.
17. Offences and penalties.
18. Power to make rules.
19. Saving.
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REGULATION  OF  PROPERTY  DEALERS
AND  CONSULTANTS
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1THE  HARYANA  REGULATION  OF  PROPERTY  DEALERS
AND  CONSULTANTS  ACT, 2008
(Haryana  Act  No. 38 of  2008)
[Received the assent of the Governor of Haryana on
the 3rd October, 2008, and first published for general information
in the Haryana Government Gazette (Extraordinary), Legislative
Supplement Part I of the 13th October, 2008.]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2008 38 The Haryana
Regulation of
Property Dealers
and Consultants
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AN
ACT
to regulate the functioning of property dealers, property consultants
and estate agents, to pomote appropriate standards of conduct and
competency for persons engaged in property dealings and to  protect
the interests of persons using the services of the  property dealers,
property consultants and  estate agents and for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the
Fifty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Haryana Regulation of Property
Dealers and Consultants Act, 2008.
(2) It extends to whole of the State of Haryana.
2[(3) It shall come into force on such date, as the State
Government may, by notification in the Official Gazette, appoint.]
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 30th August, 2008, Page 3837.
2. This Act came into force on the 6th January, 2009, vide Haryana Govt. (Extraordinary
Gazette) Revenue & Disaster Management Department, Notification No. S.O. 2/H.A.
38/2008/S. 18/2009, dated 6th January, 2009.
Short title,
extent and
commencement.
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AND  CONSULTANTS
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2. In this Act, unless there is anything repugnant in the subject or
context,—
(a) “Collector” means the Collector of the District or any
officer specially appointed or empowered by the State
Government under this Act;
(b) “commission” means the sum received by the property
dealer in the shape of remuneration at the rates notified by
the State Government from time to time;
(c) “Commissioner” means Commissioner of the Division
concerned;
(d) “immovable property” includes land, plot, buildings, flats
and things attached to the earth permanently, but does not
include standing timber, crop or grass;
(e) “landlord” means a person who owns property under whom
a tenant holds immovable property and to whom the tenant
is, or but for a special contract would be liable to pay rent
for that land or building;
(f) “license” means a license granted under sections 4 and 5
of this Act;
(g) “prescribed” means prescribed by rules made under this
Act;
(h) “property dealer” means any person or a company
registered under the Companies Act, 1956 (Act 1 of 1956)
or a society registered under the Societies Registration Act,
1860 (Act 21 of 1860) or a firm registered under the Indian
Partnership Act, 1932 (Act 9 of 1932), and has been granted
a license under sections 4 and 5 of this Act and discharges
the responsibility of getting a deal finalized or negotiating
for the sale, purchase, exchange, letting or taking on lease
of or any other dealing with, the buyer and seller, lessor
and lessee, landlord and tenant, in respect of any
immovable property and gets commission as remuneration
and includes a property consultant and estate agent;
(i) “rent” means whatever is payable to a landlord in money,
kind or service by a tenant on account of the use or
occupation of immovable property held by him;
Definitions.
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(j) “State Government” means the Government of the State
of Haryana in the Administrative Department;
(k) “tenant” means a person who holds immovable property
under another person and is or but for a special contract
would be liable to pay rent for that property;
(l) “trust money” means money received by the property
dealer from the purchaser in order to finalize the deal which
shall be part of consideration.
3. After commencement of this Act,—
(i) no property dealer or his representative, partner or any
employee shall enter into transaction of sale, purchase,
exchange, letting or taking on lease between the buyer and
seller, lessor and lessee, landlord and tenant, including
collecting of rent in respect of the immovable property,
with any body in any manner without obtaining a license;
(ii) no property dealer or his representative, partner or any
employee shall purchase, either directly or indirectly, any
immovable property for which he has received or may
receive commission from the owner of such property,
except with the prior permission of the Collector.
4. (1) An application for the grant or renewal of a licence shall
be made to the Collector in such form and manner, accompanied with
such fee, as may be prescribed.
(2) The Collector may revoke at any time a licence on the
following grounds, namely :—
(a) breach of any terms and conditions of the licence and
rules;
(b) giving wrong information at any stage;
(c) irregularity in maintenance of record, as may be
prescribed;
(d) indulging in malpractices and unfair dealings, as may
be prescribed;
(e) failure to deposit the copy of agreement to sell between
the parties with the Collector;
(f) failure to give the details of commission to the
Collector in each dealing :
Licensing of
property dealer.
Grant, renewal
or revocation of
license.
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Provided that no licence shall be revoked without
giving the aggrieved person an opportunity of being heard.
(3) No property dealer whose license has been revoked shall
be employed in any capacity with any other property dealer.
5. A licence shall be granted on such terms and conditions, as
may be prescribed.
6. Any dispute arising between the property dealer and any of the
parties to the deal under this Act or the rules framed thereunder shall be
decided by the Collector on an application made by the aggrieved person
in such form and manner, as may be prescribed.
7. Any person aggrieved by an order made by the Collector may,
within a period of sixty days of communication to him of such order,
prefer an appeal to the Commissioner, in such form and manner, as may
be prescribed :
Provided that the Commissioner may entertain an appeal after
the expiry of the said period of sixty days if he is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
8. Notwithstanding anything contained in the foregoing section,
the State Government may, suo motu , at any time or on an application
received in this behalf from any of the parties, call for the record of any
proceedings or order of any subordinate authority for the purpose of
satisfying as to the legality or proprietary of last proceeding or order and
may modify or reverse or remand or pass such order in relation thereto as
it may deem fit :
Provided that no such order reversing or modifying any
proceeding or order of subordinate authority affecting any question or
right of any party shall be passed without giving such party an opportunity
of being heard.
9. No civil court shall have jurisdiction to entertain, proceed, settle,
decide or deal with any matter which is required to be settled, decided or
dealt with under this Act by the authorities empowered thereunder.
10. If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by an order published in the Official
Gazette, make such provision or give such direction not inconsistent with
the provisions of this Act, as may appear to it to be necessary or expedient
for removing the difficulty.
11. The amount or other sum payable under this Act and the amount
of any penalty imposed under this Act may be recovered as arrears of
land revenue.
Terms and
conditions of
licence.
Settlement of
dispute.
Appeal.
Revision.
Bar of
jurisdiction.
Power to
remove
difficulties.
Mode of
recovery of
amount and
penalty.
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AND  CONSULTANTS
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12. No suit, prosecution or other legal proceeding shall lie against
any person in respect of anything which is in good faith done or intended
to be done under or in pursuance of this Act or any rules made thereunder.
13. Every officer and official acting under or in pursuance of the
provisions of this Act or any rules made thereunder shall be deemed to be
a public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act 45 of 1860).
14. In all enquiries and proceedings under this Act, the Collector
shall have such powers and follow such procedure, as may be prescribed.
15. Clerical or arithmetical mistakes in any order passed by any
officer or authority under this Act or errors arising therein from any
accidental slip or omission may at any time be corrected by such officer
or authority either on his own motion or on an application received in this
behalf from any of the parties.
16. Any officer or authority holding an enquiry or hearing an appeal
under this Act shall have the powers of a civil court under the Code of
Civil Procedure, 1908 (Central Act 5 of 1908), relating to—
(a) proof of facts by affidavits;
(b) enforcing attendance of any person and his examination
on oath;
(c) production of documents,
and every such officer or authority shall be deemed to be a civil court.
17. (1) Any person who contravenes any provision of this Act or
any rule made thereunder, shall be punishable on first conviction with
imprisonment of either description for a term which may extend to six
months and with fine which may extend to ten thousand rupees and in the
event of second or subsequent conviction with imprisonment for a term
of not less than one year but which may extend to two years and also with
a fine not less than twenty-five thousand rupees which may extend to
fifty thousand rupees.
(2) Any person or company or society found indulging in the
property dealing or property consulting business, without having a valid
license under this Act, shall be punished by such authority, as may be
prescribed, with a fine of fifty thousand rupees in case of an individual or
one lac rupees in case of a society, company or any organization and
shall also be liable to pay all the benefits so received and the damages
suffered by the affected party while dealing with the property for which
commission has been paid by any party to the deal.
Protection of
action taken in
good faith.
Officers to be
public
servants.
Procedure.
Corrrection of
clerical errors.
Officers
holding
enquiries to
have powers
of civil court.
Offences and
penalties.
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18. (1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for—
(a) the form and manner and the fee for grant or renewal
of license under section 4;
(b) the terms and conditions of grant of licence under
section 5;
(c) the form and manner for filing application under section
6;
(d) the form and manner for filing appeal under section 7;
(e) the powers and procedure for enquiries and
proceedings under section 14;
(f) any other matter which is to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as
may be, after it is made, before the House of State Legislature, while it is
in session.
19. Nothing contained in this Act shall be deemed to affect the
provisions contained in the Registration Act, 1908 (Act 16 of 1908), Indian
Stamp Act, 1899 (Act 2 of 1899), the Transfer of Property Act, 1882 (Act
4 of 1882), the Indian Penal Code, 1860 (Act 45 of 1860) or any other
law for the time being in force whether before or after the commencement
of this Act.
——————
Power to
make rules.
Saving.
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AND  CONSULTANTS

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