Sections 91 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Act ends with two short sections. Section 91 allows the Central Government, by order published in the Official Gazette, to make provisions to remove difficulties in giving effect to the Act, but no such order can be made after two years from the date of commencement. Section 92 repeals the Maharashtra Housing (Regulation and Development) Act, 2012. For questions on how the national Act sits alongside older State housing laws, our legal consultation service can help.
If any difficulty arises in giving effect to the Act, the Central Government may, by order published in the Official Gazette, make provisions not inconsistent with the Act as appear necessary for removing the difficulty (91(1)). No such order may be made after the expiry of two years from the date of the commencement of the Act (91(1) proviso), and every order is laid before each House of Parliament (91(2)). The Maharashtra Housing (Regulation and Development) Act, 2012 is repealed (92).
Sections 91 and 92 at a glance
| Section | Subject | Key point |
|---|---|---|
| 91(1) | Removal of difficulties | Central Government order in the Official Gazette; provisions not inconsistent with the Act; as appear necessary |
| 91(1) proviso | Time limit | No order after two years from the date of commencement of the Act |
| 91(2) | Laying | Every order laid before each House of Parliament as soon as may be |
| 92 | Repeal | The Maharashtra Housing (Regulation and Development) Act, 2012 is repealed |
Section 91: removal of difficulties
"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."
Looking at the words:
- Who. The Central Government only. The appropriate Government (State) is not given this power.
- Trigger. "If any difficulty arises in giving effect to the provisions of this Act". The text does not define "difficulty".
- Form. An "order, published in the Official Gazette".
- Limit on content. The provisions must be "not inconsistent with the provisions of this Act". The power cannot be used to change what the Act says; it is a power to fill gaps in working it out.
- Test of need. "As may appear to be necessary". The Government's own view of necessity governs.
The time limit. "Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of the Act." The Act was brought into force in stages by notification (section 1(3)), and the text does not say which date counts as "the commencement" for this proviso when commencement was staged. The text is silent on that, and we state no date. Whether any order was made under the section is not something the Act's text can tell you.
Laying. "Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament." (91(2)). No period, such as thirty days, is stated; compare section 86(1), which does state a period for Central rules. See our article on sections 84 to 86.
Why it is there. A new Act can throw up gaps that were not foreseen, and such a clause lets the Central Government fix them quickly without a fresh amendment. The use is limited by the two-year window; after it closes, any change has to be made by amendment or by rules within the Act's own rule-making power.
For the commencement position of the Act itself, see our article on section 1.
Section 92: repeal
"The Maharashtra Housing (Regulation and Development) Act, 2012 is hereby repealed."
The margin of the printed gazette reads "Maharashtra Act No. II of 2014", while the section text names the Act of 2012. The two do not match on their face. The Act named in the section is the Maharashtra Housing (Regulation and Development) Act, 2012. We quote as printed and flag the difference between the margin reference and the section text.
| Point | What the text says |
|---|---|
| What is repealed | The Maharashtra Housing (Regulation and Development) Act, 2012 |
| Effect on other State laws | The section repeals nothing else |
| Savings clause | None in the text: it does not say what happens to proceedings, registrations or rights under the repealed Act |
| Date | The section gives no date for the repeal; see section 1(3) for commencement by notification |
What the section does not say.
- It does not say what happens to things done under the repealed Act, such as registrations or pending complaints. The text is silent.
- It does not say whether the repeal takes effect on the day the section comes into force or on the day the rest of the Act does; commencement was in stages.
- It does not repeal housing or real estate laws of any other State. The relationship with other State laws is governed by sections 88 and 89; see our article on sections 87 and 88 and our article on sections 89 and 90.
Maharashtra is the only State whose housing Act is named. For the State-level position in Maharashtra today, see RERA in Maharashtra and MahaRERA: Maharashtra RERA Portal Guide. For the wider picture of the Act, see Introduction to RERA 2016.
Example. A buyer in Mumbai asks whether the 2012 Maharashtra housing law still governs their project. Section 92 says that Act is repealed. What replaces it for the project is the Central Act as implemented in Maharashtra through the State's rules and its Authority, which the Act of 2016 does not itself set out. Whether anything done under the 2012 Act continues is not answered by the text.
Need help with a transitional question?
Questions about how an older State law, a pending matter or a registration fits with the 2016 Act turn on dates and notifications that are not in the Act's text. We can trace them for you. See our legal consultation service.
Key takeaways
- The Central Government may remove difficulties by Gazette order, but not after two years from commencement.
- Orders under section 91 must be consistent with the Act and laid before Parliament.
- Section 92 repeals the Maharashtra Housing (Regulation and Development) Act, 2012.
- The margin note says "Act No. II of 2014"; the section text says 2012.
- The Act contains no savings clause for matters under the repealed Act.
Read next
- Sections 89 and 90: overriding effect and protection of action in good faith
- Section 1: short title, extent and commencement
- RERA in Maharashtra: Registration and Rules
- Introduction to RERA 2016: Complete Guide
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.