Section 75: Constitution of Fund

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 75

Section 75 establishes the 'Real Estate Regulatory Fund' to be maintained by the Authority, consolidating all government grants, fees, and charges collected under RERA.

  • Statutory Fund Constitution: Authority constitutes a dedicated fund titled the 'Real Estate Regulatory Fund'.
  • Credit Inflows: Credited with: (a) all government grants and loans, (b) all registration and renewal fees collected from promoters and agents, and (c) all sums received by the Authority from other sources.
  • Permitted Outflows: Utilized strictly for salaries, allowances, and administrative expenses of the Chairperson, Members, officers, and technical experts.
  • Bar on Penalty Inflow: Monetary penalties collected under Chapter VIII cannot be credited to this fund; they are remitted to the Consolidated Fund under Section 76.
Key Landmark Precedents:
  • Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India, 2017 SCC OnLine Bom 9302: The Bombay High Court observed that Section 75 creates a ring-fenced financial architecture, ensuring RERA is self-sustaining without commercial reliance on developers.
  • PTC India Ltd. v. CERC, (2010) 4 SCC 603: Affirmed that statutory regulatory funds preserve institutional autonomy from executive control.
Courtroom Practice & Strategic Litigation Guidance:

Registration and renewal fees deposited by developers are ring-fenced in the Regulatory Fund, ensuring uninterrupted institutional operations even during state fiscal shortfalls.