In
exercise of the powers conferred on it under Section-85 of the Real Estate
(Regulations and Development) Act, 2016 and all other powers enabling it in
that behalf the Haryana Real Estate Regulatory Authority, Gurugram hereby makes
the following regulations:- (a) These Regulations may
be called The Haryana Real Estate Regulatory Authority, Gurugram, (Auto credit
of 10% of receipts from the separate RERA account maintained under section
4(2)(l)(D)) Regulations, 2020. (b) These Regulations are
meant to augment, strengthen and further stream line the EDC recovery
mechanism, by exploring all available existing statutory mechanisms, one of the
options that have emerged is to ensure auto-debit of funds from the '70%
realizations account' maintained under section 4(2)(l)(D) of the Real Estate
(Regulation and Development) Act, 2016 and auto credit into EDC head of state
treasury against license obtained from Director Town & Country Planning
Department, Haryana by such colonizers who have been granted license under the
Haryana Development and Regulation of Urban Areas Act, 1975 and have got
registration of the project under the Real Estate (Regulation and Development)
Act, 2016 by the Haryana Real Estate (Regulation and Development) Rules, 2017; (c) These Regulations
will come into force on the date of their notification in the Official Gazette; (d) These Regulations
shall apply to all registered projects falling within the jurisdiction of the
Haryana Real Estate Regulatory Authority, Gurugram as notified by the State
Government of Haryana vide its Notification No. 1/92/2017-1 TCP dated 14. 12.
2017 which comprises entire area of Gurugram District. (a) Unless the context
otherwise requires in these regulations:- (i) "Act" means
the Real Estate (Regulations and Development) Act, 2016 as amended from time to
time; (ii) "Authority'
means the Haryana Real Estate Regulatory Authority, Gurugram; (iii) "Chairperson"
means the Chairperson of the Real Estate Regulatory Authority, Gurugram; (iv) "Director"
means Director, Town and Country Planning, Government of Haryana; (v) "Member"
means a member of the Authority; (vi) "Proceedings"
means and include proceedings of all nature that the Authority may conduct in
discharge of its functions under the Act and the Rules and the Regulations; (vii) "Regulations"
means the Haryana Real Estate Regulatory Authority, Gurugram (Auto credit of
10% of receipts from the separate RERA account maintained under section
4(2)(1)(D)) Regulations, 2020 as amended from time to time; (viii) "Rules"
means the Haryana Real Estate Regulatory Authority Rules, 2017 as amended from
time to time; (ix) "Development
works" means the external development works and internal development works
on immovable property; (as given in section 2(t) of the Real Estate
(Regulations and Development) Act, 2016) also "Development works"
means internal and external development works; (as given in section 2(e) of
Haryana Development and Regulation of Urban Areas Act, 1975). (x) "External development
works" includes roads and road systems landscaping, water supply, sewerage
and drainage systems, electricity supply transformer, sub-station, solid waste
management and disposal or any other work which may have to be executed in the
periphery of, or outside, a project for its benefit, as may be provided under
the local laws; (as given in section 2(w) of the Real Estate (Regulations and
Development) Act, 2016) also "External development works" shall
include any or all infrastructure development works like water supply,
sewerage, drains, provisions of treatment and disposal of sewage, sullage and
storm water, roads, electrical works, solid waste management and disposal,
slaughter houses, colleges, hospitals, stadium/sports complex, fire stations, grid
sub-stations etc. and/or any other work which the Director may specify to be
executed in the periphery of or outside colony/area for the benefit of the
colony/area; (as given in section 2(g) of Haryana Development and Regulation of
Urban Areas Act, 1975). (xi) "Internal
development works" means roads, footpaths, water supply, sewers, drains,
parks, tree planting, street lighting, provision for community buildings and
for treatment and disposal of sewage and sullage water, solid waste management
and disposal, water conservation, energy management, fire protection and fire
safety requirements, social infrastructure such as education health and other
public amenities or any other work in a project for its benefit, as per
sanctioned plans; (as given in section 2(zb) of the Real Estate (Regulations
and Development) Act, 2016) also "Internal development works" means - (i) metalling of roads
and paving of footpaths; (ii) turfing and
plantation with trees of open spaces; (iii) street lighting; (iv) adequate and
wholesome water supply; (v) sewers and drains
both for storm and sullage water and necessary provision for their treatment
and disposal; and (vi) any other work that
the Director may think necessary in the interest of proper development of a
colony; (as given in section 2(i) of Haryana Development and Regulation of
Urban Areas Act, 1975). (b) The words or
expressions occurring in these Regulations and not defined herein but defined
in the Act or the Rules shall bear the same meanings as assigned to them in the
Act and the Rules; Principal
Secretary to Government of Haryana, Town and Country Planning Department,
Haryana, Chandigarh vide Memo No. Misc.-BG(EDC)-202/2020/3676 in exercise of
the powers conferred under section 83(1) of the Act of 2016, as well as the
powers conferred under section 9A of the Act of 1975, following directions were
issued. (i) The Director shall
ensure that the following clause is added in the bilateral agreement to be
entered into with the colonizers at the time of grant of all licenses under the
Act of 1975, in future: "(a)
That, against each licence, the coloniser
shall integrate its bank account in which 70% allottee receipts are credited
under section 4(2)(1)(D) of the Real Estate (Regulations and Development) Act,
2016 with the online applications/payment gateway of the department, in such
manner, so as to ensure that 10% of the total receipts from each payment made
by an allottee is automatically deducted and gets credited to the EDC head in
the state treasury. (b)
Such 10% of the total receipts from each
payment made by an allottee, which is received by the department shall get
automatically credited, on the date of receipt in government treasury against
EDC dues of the concerned licence of the colonizer. (c)
Such 10% deduction shall continue to
operate till the total EDC dues get recovered from the colonizer against the
said licence. (d)
The implementation of such mechanism
shall, however, have no meaning on the EDC instalment schedule conveyed to the
coloniser. The coloniser shall continue to supplement such automatic EDC
deductions with payments from its own funds to ensure that the EDC instalments
that are due for payment get paid as per prescribed schedule." (ii) The authority under
the Act of 2016 shall ensure the implementation of above through issuance of
necessary directives, obtaining periodic reports etc. and also ensure regular
monitoring of the said mechanism to ascertain the implementation of the same in
letter and spirit. (iii) These directions are
issued as per the approval given by Council of Ministers in its meeting held on
06.07.2020 and conveyed vide U.O. No. 9/107/2020-2 Cabinet dated 06.07.2020. These
directions called "the Haryana Real Estate Regulatory Authority, Gurugram
Bank Accounts for the registered projects Directions, 2019" are issued
vide Memo No. 1/RERA GGM Directions 2019 dated 10th May, 2019. There is
no provision for such auto debit of funds from the 70% realizations account
maintained under section 4(2)(l)(D) of the Real Estate (Regulations and
Development) Act, 2016 and also in the directions mentioned at regulation no. 4
above. Accordingly, these regulations to implement the directions of the
Government as provided in regulation no. 3 above are issued. The
colonizer shall integrate its separate RERA account in which 70% allottee
receipts are credited under section 4(2)(l)(D) of the Real Estate (Regulation
and Development) Act, 2016 with the online application/payment gateway of the
department, in such manner, so as to ensure that 10% of the total receipts from
each payment made by an allottee is automatically deducted and gets credited to
the EDC head in the State treasury, such 10% deduction shall continue to
operate till the total EDC dues get recovered from the colonizer against the
said license. The
promoter shall give statement of such credit made to the EDC head in the State
treasury in quarterly progress report to be submitted to the Authority within
15 days of the end of each quarter. The
promoter shall also give statement of such credit made to the EDC head in the
State treasury in the Annual Report to be submitted in compliance of provisions
of section 4(2)(1)(D) of the Real Estate (Regulations and Development) Act,
2016. The
promoter shall also give a statement of EDC clearly indicating total EDC
payable for the project, EDC payment made up till end of the quarter and EDC
payment remained at the end of the quarter and details of instalment paid and
to be paid till end of the quarter. The
Accounts Officer of the authority in consultation with Accounts Executive
monitoring reports submitted in compliance of provision of section 4(2)(l)(D)
of the Real Estate (Regulations and Development) Act, 2016 shall ensure that
these directions are complied with by the promoters and in case of any
deviation or non-compliance same shall be reported to the authority for taking
corrective measures and/or initiating penal proceedings against the defaulters.HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM, (AUTO
CREDIT OF 10% OF RECEIPTS FROM THE SEPARATE RERA ACCOUNT MAINTAINED UNDER
SECTION 4(2)(L)(D)) REGULATIONS, 2020
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