Section 91 RERA: Power to remove difficulties

Section 91 of Real Estate (Regulation and Development) Act, 2016: Power to remove difficulties

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Legal Commentary & Landmark Judgments: Section 91

Section 91 confers the 'Henry VIII' power to remove difficulties upon the Central Government, enabling it to issue executive orders within two years of commencement to resolve operational impediments consistent with the Act.

Two-Year Sunset Window: Central Government could issue orders to remove difficulties within a period of 2 years from the date of commencement of the Act.
Subordination to Statutory Framework: Orders must not be inconsistent with the provisions of RERA.
Parliamentary Oversight: Every order made under Section 91 was required to be laid before each House of Parliament.
Lapsed Transitory Power: As the two-year statutory window expired in May 2018/2019, operational difficulties must now be addressed strictly through statutory amendments or Section 84/85 rule-making.

Key Landmark Precedents:

Madeva Upendra Sinai v. Union of India, (1975) 3 SCC 765: The Supreme Court authoritatively analyzed removal of difficulties clauses, holding that they are transitory executive mechanisms to iron out operational creases, not tools to modify substantive legislative policy.
Pioneer Urban Land & Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416: Referenced transitory implementation mechanisms under Section 91 in resolving early jurisdictional conflicts.

Courtroom Practice & Strategic Litigation Guidance:

Since the Section 91 sunset clause has elapsed, any ambiguity in RERA implementation must be resolved through judicial interpretation or formal amendment rather than executive removal-of-difficulties circulars.

Section 91: Power to remove difficulties

Section 91 of Real Estate (Regulation and Development) Act, 2016: Power to remove difficulties

Legal Commentary & Landmark Judgments: Section 91