Amendments to the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017
The Housing and Urban Development Department, Government of Tamil Nadu, issued G.O. Ms. No. 22, Housing and Urban Development [UD-1(2)], dated 8 February 2019, to amend the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017. The amendments change salary and pension treatment for the Chairperson and certain members appointed after service in government, statutory bodies or public sector undertakings.
What the notification does
The Housing and Urban Development Department, Government of Tamil Nadu, issued G.O. Ms. No. 22, Housing and Urban Development [UD-1(2)], dated 8 February 2019. The Governor of Tamil Nadu made the amendments using powers under Section 84 of the Real Estate (Regulation and Development) Act, 2016.
The notification adds provisos to rule 21 and rule 31 of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017. These additions deal with salary and pension calculations for specified office holders.
Who is covered
The amendments to the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 cover:
- The Chairperson or a Member addressed by the amendment to rule 21.
- A full time Member addressed by the amendment to rule 31.
- Covered office holders who previously served in the Central Government, a State Government, a statutory body or a public sector undertaking.
- Covered office holders who were already receiving a pension when appointed.
Salary provisions
The amendments provide that a covered Chairperson or Member who previously served in one of the listed organisations is entitled to receive the higher of:
- The salary applicable to the present appointment.
- The salary that the person would have drawn under the rules governing the previous government post, had the person continued in that post until retirement on superannuation.
This comparison applies from time to time under the rules applicable to the former post.
Pension adjustment
The amendments require the salary of a covered Chairperson or full time Member to be reduced if the person was receiving a pension at the time of appointment for previous service in the Government of India, a State Government, a statutory body or a public sector undertaking.
The reduction includes:
- The pension amount.
- Any commuted portion of the pension.
- Pension equivalents of other retirement benefits.
Disability pensions and wound pensions are excluded from this adjustment. The pension equivalent of retirement gratuity is also excluded.
Relevance to property owners and buyers
G.O. Ms. No. 22, dated 8 February 2019, addresses the remuneration of specified office holders under the real estate regulatory framework. It does not state any new requirement, charge or procedure for property buyers, property owners, promoters or real estate projects.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this notification create a new fee for property buyers?
No new buyer fee is stated. The notification deals with salary and pension treatment for the Chairperson and certain members.
Which rules were amended?
The notification adds provisos to rule 21, sub-rule (1), clause (c), and rule 31, sub-rule (1), clause (d), of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.
Does a government pension reduce the salary of a covered office holder?
Yes. Salary is reduced by the covered pension and specified pension equivalents, but disability pensions, wound pensions and the pension equivalent of retirement gratuity are excluded.
Who issued the amendments and when?
The Housing and Urban Development Department, Government of Tamil Nadu, issued G.O. Ms. No. 22, Housing and Urban Development [UD-1(2)], dated 8 February 2019.
