In exercise of the powers conferred by subsection
(1) and clause (i) of sub-section (2) of Section 85 of the Real Estate
(Regulations and Development) Act, 2016 (No. 16 of 2016) and of all other
powers enabling it in that behalf, to establish procedures regarding the
general functioning of the Authority and for the conduct of business of the
Authority, the Chhattisgarh Real Estate Regulatory Authority, with the approval
of the State Government, hereby makes the following regulations, namely:- (1)
These regulations may be called the Chhattisgarh
Real Estate Regulatory Authority (General) Regulations, 2020. (2)
These regulations shall come into force on the date
of its publication in the Official Gazette. (3)
These Regulations shall apply in relation to all
matters falling within the jurisdiction of the Authority in the State of
Chhattisgarh. (1)
In these regulations, unless the context otherwise
requires,- (i)
"Act" means the Real Estate (Regulation
and Development) Act, 2016 as amended from time to time; (ii)
"Authority" means the Chhattisgarh Real
Estate Regulatory Authority; (iii)
"Adjudication" means the process of
arriving at decisions on complaints submitted to the Authority or the
Adjudicating Officer under Section 31 of the Act; (iv)
"Chairperson" means the Chairperson of the
Authority; (v)
"Consultant" includes any person not in
the employment of the Authority who may be appointed as such to assist the
Authority on any matter required to be dealt with by the Authority under the
Act and the rules and regulations made there under; (vi)
"Member" means a member of the Authority; (vii)
"Officer" means an Officer of the
Authority; (viii)
"Proceedings" mean and include
proceedings of all nature that the Authority may conduct for the discharge of
its functions under the Act, the Rules and the Regulations; (ix)
"Registrar" means the Registrar of the
Authority; (x)
"Regulations" mean the Chhattisgarh Real
Estate Regulatory Authority (General) Regulations, 2020 as amended from time to
time; (xi)
"Rules" mean the rules framed by
Government of Chhattisgarh, under the Real Estate (Regulation and Development)
Act, 2016 and as amended from time to time. (2)
Words or expressions used and not defined in these
Regulations but defined in the Act or the Rules shall bear the same meanings
respectively assigned to them in the Act and the Rules. (3)
In construing these Regulations, the singular shall
include the plural and vice versa. (1)
The head office of the Authority shall be at
Raipur. (2)
The Authority shall follow the office timings and
holidays as notified from time to time by the State Government for its offices
in Raipur, unless otherwise decided by the Authority. (3)
The Authority may conduct its proceedings at the
head office on days and time as directed by the Chairperson. (1)
The proceedings of the Authority shall be conducted
in English or Hindi. (2)
Any translation which is agreed to by the parties
to the proceedings or which any of the parties furnish, may be accepted by the
Authority as a true translation. (3)
The Authority may, in appropriate cases, direct
translation of petitions and their accompanying documents into English or
Hindi. Any document requiring authentication by the
Authority shall be issued under the seal of the Authority, and shall be signed
by the Registrar or other Officer authorized by the Chairperson in this behalf. (1)
The Authority shall have the power to appoint the
Registrar, Officers and other employees for discharging various duties. The
qualifications, experience and terms and conditions of service and appointment
of such Registrar, Officers and other employees shall be subject to such
regulations as may be specified by the Authority, (2)
The Authority may appoint or engage consultants to
assist the Authority in the discharge of its functions. (1)
The Registrar shall be the Principal Executive
Officer of the Authority and shall exercise his powers and perform his duties
under the control of the Chairperson. (2)
The Authority, in the discharge of its functions
under the Act, may take such assistance from the Registrar as it may deem fit. (3)
In particular, and without prejudice to the
generality of the provisions of sub- regulations (1) and (2) of this
regulation, the Registrar shall have the following powers and perform the
following duties, viz.: (i)
He shall have custody of the seal and the records
of the Authority. (ii)
He shall receive or cause to receive all documents,
including, inter alia, complaints, applications or reference pertaining to the
Authority. (iii)
He shall scrutinize documents, including, inter
alia, complaints, applications or references and shall be entitled to seek
clarifications or rectifications upon the same and issue appropriate directions
pertaining to the acceptance or rejection of such documents. (iv)
He shall prepare or cause to be prepared brief and
summaries of pleadings presented by various parties in cases filed before the
Authority. (v)
He shall carry out such functions under the Act or
the Rules, as may be delegated to him by the Chairperson, by general or special
order. (vi)
He shall assist the Authority in the proceedings
relating to the powers exercisable by the Authority, as directed by the
Chairperson. (vii)
He shall provide notice for meeting, prepare the
agenda for meetings and minute the proceedings of the Authority's meetings. (viii)
He shall authenticate the orders passed by the
Authority. (ix)
He shall, so far as it is possible, monitor
compliance of the orders passed by the Authority and shall forthwith bring to
the notice of the Authority any non-compliance thereof. (x)
He shall have the right to collect from the State
Government or other offices, companies and firms or any other party as may be
directed by the Chairperson, such information and record, report, documents,
etc., as may be considered necessary for the purpose of efficient discharge of
the functions of the Authority under the Act and the Rules and place the same
before the Authority. In the absence of the Registrar, the Officer of the
Authority designated by the Chairperson in this behalf, shall exercise the
functions of the Registrar. The Chairperson shall, at all times, have the
power, either on an application made by any interested or affected party or
suo-motu, to review, revoke, revise, modify, amend, alter or otherwise change
any order issued or action taken by the Registrar or any Officer of the
Authority, if he considered appropriate. The Registrar may, with the written approval of the
Chairperson, delegate to any Officer of the Authority any function required by
these Regulations or otherwise to be exercised by the Registrar. The quorum for the meetings of the Authority shall be
two or as decided by the Chairperson. If in any meeting of the Authority duly convened,
the quorum is not present, the meeting shall stand adjourned for date, time and
venue as decided by the Chairperson. The Chairperson shall preside over the meetings and
conduct the business. If the Chairperson is unable to be present in the
meetings for any reason, or where there is no Chairperson, the senior most
Member present shall preside over the meeting. (1)
All questions which come up before any meetings of
the Authority shall be decided by a majority of votes of the Members present
and voting. In the event of equality of votes, the Chairperson or in his
absence, the Member presiding shall have a second or casting vote. (2)
Save as otherwise provided in these Regulations,
every Member shall have one vote. (1)
The Registrar or in his absence an Officer of the
Authority designated by the Chairperson, shall record the minutes of the
meetings and maintain a register which shall, amongst other things, contain the
names and designation of Members and invitees present in the meeting, a record
of proceedings and notes of dissent, if any. The draft minutes shall, as soon
as practicable, be sent to the Chairperson and the attending Members. (2)
The decision taken in a meeting of the Authority
shall be recorded in the minutes in a clear and concise manner, along with
reasons. In case the minutes record any statement/submission made by an
invitee, a copy of the minutes shall be sent to such invitee. (3)
The minutes of the previous meeting shall be
confirmed by circulation or at the next meeting of the Authority. A person who is a party to any proceedings before
the Authority may either appear in person or any other person authorised by him
to present his case before the Authority and to do all or any of the acts for
the purpose: Provided that, the Authority may, from time to
time, determine the terms and conditions subject to which the parties may
authorize representative(s) to plead on their behalf. In such cases the
Authority shall have the power to summon and enforce the attendance of all
persons who are concerned with the Real Estate Project, including lenders, as
well as the persons who have accorded permissions to the Real Estate Project,
as Competent Authority. (1)
The Authority Chairperson/Member (s) hearing a
proceeding shall pass orders in such proceedings, and such orders shall be
signed by the Chairperson/Members of the Authority hearing such proceeding. (2)
All orders and decisions issued by the Authority
shall be certified by the signature of the Registrar or an Officer empowered in
this behalf by the Chairperson and shall bear the official seal of the
Authority and be communicated as expeditiously as possible from the date of
passing thereof to all parties in the proceeding. (1)
The Authority may pass such ad-interim orders, as
the Authority may consider appropriate at any stage of any proceedings, having
regard to the facts and circumstances of the case. (2)
The Authority may make such direction or order as
it thinks fit for collection of information, inquiry, investigation, entry,
search, seizure and, without prejudice to the generality of its powers,
including, inter alia, the following:- (i)
The Authority may, at any time, direct the
Registrar or any one or more Officers or any other person as the Authority considers
appropriate to study, investigate or furnish information with respect to any
matter within the jurisdiction of the Authority under the Act and the Rules. (ii)
The Authority may, for the above purpose, give such
other directions as it may deem fit and state the time within which the report
is to be submitted or information furnished. (iii)
The Authority may issue or authorise the Registrar
or an Officer to issue directions to any person to produce before it and allow
it to be examined and kept by an Officer of the Authority directed in this
behalf the books, accounts, etc., or direct to furnish any information to the
designated Officer. (iv)
The Authority may issue such directions, for the
purpose of collection of any information, particulars or documents that the Authority
considers necessary in connection with the discharge of its functions under the
Act and the Rules. (v)
If any such report or information obtained appears
to the Authority to be insufficient or inadequate, the Authority or the
Registrar or an Officer authorised for the purpose may give directions for
further inquiry, report and furnishing of information. (vi)
The Authority may direct such incidental,
consequential and supplemental matters to be attended to which may be
considered relevant in connection with the above, (3)
If the report or information obtained in accordance
with Regulation 26 above or any part thereof is proposed to be relied upon by
the Authority for forming its opinion or view in any proceedings, the parties
to the proceedings shall be given a reasonable opportunity for filing
objections and making submissions on such report or information. (1)
The formats of Certificates required to be
submitted are mentioned below:- (a)
The certificates, issued by the project architect,
project engineer, chartered accountant and submitted to office of Chhattisgarh
Real Estate Regulatory Authority for project registration and quarterly update
of project status (in the official website of Authority) shall be in Annexure
1, 2 and 3 respectively. (b)
The certificates, issued by the project architect,
project engineer, chartered accountant and submitted to the banks for getting
release of money from the separate account shall be in Annexure 4, 5 and 6
respectively. (c)
The certificate issued by the project architect on
completion of each of the building/wing of the real estate project and/or
entire project shall be in Annexure 7. (1)
In addition to all the details of the proposed Real
Estate project, to be uploaded by the promoter on his webpage on the website of
the Authority, as required under sub-section (1) of section 11 of the Act and
clause (1) and (2) of Rule 3 of the Chhattisgarh Real Estate (Regulation and
Development) Rules, 2017, the promoter shall additionally upload the following
details:- (a)
The annual report on statement of accounts, in
Annexure 8 [issued in accordance with the third proviso to clause (1) of
subsection (2) of Section 4 of the Act] duly certified and signed by the
chartered accountant who is the statutory auditor of the promoter's enterprise. Explanation 1:-The chartered accountant certifying
the progress of the registered real estate project for the purpose of
withdrawal of amounts from the separate account should be a different entity
than the chartered accountant who is the statutory auditor of the promoter's
enterprise, Explanation 2:- If the Annexure 8 issued by the
statutory auditor reveals that any certificate issued by the project architect,
engineer or the chartered accountant has false or incorrect information and the
amounts collected for a particular project have not been utilized for the
project and the withdrawal has not been in compliance with the proportion to
the percentage of completion of the project, the Authority, in addition to
taking penal actions as contemplated in the Act and the Rules, shall also take
up the matter with the concerned regulatory body of the said professionals of
the architect, engineer or chartered accountant, for necessary penal action
against them, including revocation of membership, (b)
The sanctioned plans, layout plans, along with
specifications, approved by the Competent Authority shall be prominently
displayed by the promoter at the project land site. (c)
The Promoter shall be liable to display the address
of official website of CG RERA https:/rera.HYPERLINK
"http://cgstate.gov"cgstate.gov.in along with project registration
number on advertisement (in any form) and prospectus/brochures of project in
legible fonts. (a)
The Authority shall appraise and determine whether
any document or evidence provided to it by any party and claimed by that party
is a confidential nature merits being withheld from disclosure to other parties
as being confidential and shall provide brief reasons in writing for arriving
at its conclusion. (b)
If the Authority is of the view that the claim for
confidentiality is justified the Authority may direct that the same be not
provided to such parties as the Authority may deem fit. However, the party
claiming the confidentiality shall provide a brief non-confidential summary of
the substance of the documents found to be confidential and import the same. (c)
Notwithstanding anything in the above, it shall be
open to the Authority to take into consideration the contents of the documents
found to be confidential in arriving at its decision. (1)
The Authority shall, as soon as may be practicable,
maintain an indexed database of its records including, inter alia, complaints
filed, details of hearings conducted, orders/documents issued from time to
time. (a)
The Authority shall, on such terms and conditions
as the Authority considers appropriate, provide for supply of certified copies
of documents and papers available with the Authority to any person, applying in
Annexure 9, subject to the payment of fee and complying with the terms as the
Authority may direct. The Authority shall designate an Officer for ensuring
timely response to requests received for supply of certified copies of
documents who shall endeavour to dispatch the certified copies of documents
requested for within a period of fifteen (15) working days from the date of
receipt of request. (b)
The Authority may, by order, direct that any
information, documents and papers/materials maintained by the Authority, shall
be confidential or privileged and shall not be available for inspection or
supply of certified copies, and the Authority may also direct that such
document, papers, or materials shall not be used in any manner except as
specifically authorised by the Authority. (2)
The Authority shall endeavour to make information
involving public interest accessible and available to the public, including,
inter alia, through its website. Subject to the provisions of the Act or the Rules,
the time prescribed by the Regulations or by order of the Authority for doing
any act may be extended (whether it has already expired or not) or abridged for
sufficient reason by an order of the Authority. Failure to comply with any requirement of the
Regulations shall not invalidate any proceeding merely by reason of such
failure unless the Authority is of the view that such failure has resulted in
miscarriage of justice. (1)
Subject to such condition and limitation as may be
directed by the Authority, the costs of and incidental to, all proceedings shall
be awarded at the discretion of the Authority and the Authority shall have full
power to determine by whom or out of what funds and to what extent such costs
are to be paid and give all necessary directions for the afore said purposes, (2)
The costs shall be paid within thirty (30) days
from the date of the order or within such time as the Authority may, by order,
direct. If a party fails to comply with an order for costs within the permitted
period, the order of the Authority awarding costs shall be executed forthwith
in the same manner as a decree/order of a Civil Court. (1)
The Authority may, by order, fix standard fees,
including annual fees, to be levied on the promoters or real estate agents or allottees
for inspection of documents, certified copies of documents, the updating of
website, data base management and maintenance of the website. (2)
The Authority may, by order, fix standard fee for
quarterly updation of project status on official website of Authority. The
Authority may also charge standard fee from the promoter for serving of notices
regarding delay in the updation of the same. (3)
The Authority may by the order, fix standard fee
for serving of notices, with respect to complaints, registered with the
Authority, to be levied on the promoters or real estate agents or allottees for
the same. Subject to the provisions of the Act, Rules and
Regulations, the Authority may, from time to time issue orders and directions
in regard to the implementation of the Regulations and procedure to be
followed. (1)
Nothing in the Regulations shall be made to limit
or otherwise affect the inherent power of the Authority to make such orders as
may be necessary for meeting the purposes of justice or to prevent the abuse of
the process of the Authority. (2)
Nothing in these Regulations shall bar the
Authority from adopting in conformity with the provisions of the Act or Rules,
a procedure, which is at variance with any of the provisions of these
Regulations including summary procedures, if the Authority, in view of the
special circumstance of a matter or class of matters and for reasons to be
recorded in writing, deems it necessary or expedient for dealing with such a
matter or class of matters. (3)
Nothing in the Regulations shall bar the Authority
to deal with any matter or exercise any power under the Act or Rules for which
no regulations have been framed, and the Authority may deal with such matters,
powers and functions in a manner it thinks fit. The Authority may, at any time and on such terms,
as it may think fit, amend any defect or error in any proceedings before it
(including any clerical or arithmetical error in any order passed by the
Authority). All such necessary amendments or rectifications shall be made for
the purpose of determining the real question or issue arising in the proceedings: Provided that if the Authority desires to make
amendments or rectifications in order to determine the real question or issue
arising, the Authority shall provide an opportunity to the parties affected by
such amendment or rectification touching the real question or issue to make
representations and submissions with respect to the proposed amendment or
rectification. If any difficulty arises in giving effect to any of
the provisions of the Regulations, the Authority may, by general or special
order, do anything not being inconsistent with the provisions of the Act or
Rules, which appears to be necessary or expedient for the purpose of removing
the difficulties.CHHATTISGARH REAL ESTATE REGULATORY AUTHORITY (GENERAL)
REGULATIONS, 2020
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