In pursuance of Section 84 of the Real
Estate (Regulation and Development) Act, 2016 (16 of 2016), the State
Government do hereby makes the following rules, namely:- CHAPTER I PRELIMINARY (1)
These rules may be called the Odisha Real
Estate (Regulation and Development) Rules, 2017. (2)
They shall come into force on the date of
their publication in the Odisha Gazette. (1)
In these rules, unless the context otherwise
requires,- (a)
"Act" means the Real Estate
(Regulation and Development) Act, 2016 (16 of 2016); (b)
"Annexure" means an annexure
appended to these rules; (c)
"Authenticated copy" shall mean a
self-attested copy of any document required to be provided by any person under
these rules; (d)
"Form" means a Form appended to
these rules; (e)
"Government" means Government of
Odisha (f)
"Layout plan" means a plan of the
project depicting the division or proposed division of land into plots, roads,
open spaces, amenities, etc. and other details as may be necessary; (g)
"Project land" means any piece or
parcels of land on which the project is developed and constructed by a
promoter; and (h)
"section" means a section of the
Act. (2)
Words and expressions used but not defined in
these rules, shall have the meanings as respectively assigned to them in the
Act. CHAPTER II REAL ESTATE PROJECT (1)
A promoter shall furnish the following
information and documents, along with those specified in sub-section (2) of
section 4 of the Act, for registration of the real estate project with the
Authority, namely:- (a)
authenticated copy of the PAN card of the promoter; (b)
annual report including audited profit and
loss account, balance sheet, cash flow statement, directors report and the
auditors' report and income tax returns of the promoter for the immediately
preceding three financial years; (c)
the number of open parking areas and the
number of covered parking areas available in the real estate project; (d)
authenticated copy of the title deed
reflecting the title of the promoter to the land on which development of
project is proposed along with valid documents for chain of title with
authentication of such title; (e)
the details of encumbrances on the land on
which development of project is proposed including details of any, rights,
title, interest, dues, litigation and name of party in, or over such land; (f)
where the promoter is not the owner of the
land on which development of project is proposed details of the consent of the
owner of the land along with a copy of the collaboration agreement, development
agreement, joint development agreement or any other agreement, as the case may
be, entered into between the promoter and such owner and copies of title and
other documents reflecting the title of such owner on the land on which project
is proposed to be developed; and (g)
name, photograph, contact details and address
of the promoter if it is an individual and the name, photograph, contact
details and address of the chairman, partners, directors, as the case may be,
and the authorised person in case of other entities. (2)
The application referred to in sub-section
(1) of section 4 of the Act shall be made in such Form, manner and within such
time as specified by regulations. (3)
The promoter shall pay a registration fee as
specified by regulations from time to time. (4)
The declaration to be submitted under clause
(I) of sub-section (2) of section 4 of the Act, shall be as per Form 'A', which
shall include a declaration stating that the promoter shall not discriminate
against any allottee at the time of allotment of any apartment, plot or
building, as the case may be. (5)
In case the promoter applies for withdrawal
of application for registration of the project before expiry of the period of
thirty days provided under sub-section (1) of section 5, of the Act
registration fee to the extent of ten percent paid under sub-rule (3) above
shall be retained as processing fee by the Authority and the remaining amount
shall be refunded to the promoter within thirty days from the date of such
withdrawal. (1)
Upon the notification for commencement of
sub-section (1) of section 3, the promoters of all ongoing projects which have
not received completion certificate shall, within the time specified in the
said subsection, make an application to the Authority in the form and manner
provided in rule 3. (2)
The promoter shall in addition to disclosures
provided in rule 3 disclose the following information, namely:- (a)
the original sanctioned plan, layout plan and
specifications and the subsequent modifications carried out, if any, including
the existing sanctioned plan, layout plan and specifications; (b)
the total amount of money collected from the
allottees and the total amount of money used for development of the project
including the total amount of balance money lying with the promoter; (c)
status of the project (extent of development
carried out till date and the extent of development pending) including the
original time period disclosed to the allottee for completion of the project at
the time of sale including the delay and the time period within which he
undertakes to complete the pending project, which shall be commensurate with
the extent of development already completed, and this information shall be
certified by an engineer, an architect and a chartered accountant in practice. (3)
The promoter shall disclose the size of the
apartment based on carpet area even if earlier sold on any other basis such as
super area, super built up area, built up area etc. which shall not affect the
validity of the agreement entered into between the promoter and the allottee to
that extent. (4)
In case of plotted development, the promoter
shall disclose the area of the plot being sold to the allottees as per the
layout plan. (5)
For projects that arc ongoing and have not
received completion certificate, on the date of commencement of the Act, the
promoter shall, within a period of three months of the application for
registration of the project with the Authority, deposit in the separate bank
account, seventy per cent of the amounts already realized from the allottees,
which have not been utilized for construction of the project or the land cost
for the project as required under sub-clause (D) of clause (I) of sub-section
(2) of-section 4, which shall be used for the purposes specified therein. (1)
Upon the registration of a project as per
section 5 read with rules 3 and 4, as the case may be, the Authority shall
issue a registration certificate with a registration number in Form 'B' to the
promoter. (2)
In case of rejection of the application as
per section 5, the Authority shall inform the applicant in Form 'C': Provided that the Authority may grant
an opportunity to the applicant to rectify the defects in the application
within such time period as may be specified by it. (1)
The registration granted under section 5 of
the Act/may be extended by the Authority, on an application made by the
promoter in such Form and in such manner as specified by regulations, within
three months prior to the expiry of the registration granted. (2)
The application for extension of registration
shall be accompanied with a demand draft drawn on any scheduled bank or through
online payment mode, as the case may be, for an amount as specified by
regulations from time to time along with an explanatory note setting out the
reasons for delay in the completion of the project and the need for extension
of registration for the project, along with documents supporting such reasons: Provided that where the promoter
applies for extension of registration of the project due to force majeure, he
shall not be liable to pay any fee. (3)
The extension of registration of the project
shall not be beyond the period provided as per local laws for completion of the
project or phase thereof, as the case may be. (4)
In case of extension of registration, the
Authority shall inform the promoter about such extension in Form 'D' and in
case of rejection of the application for extension of registration the
Authority shall inform the promoter about such rejection in Form 'C': Provided that the Authority may grant
an opportunity to the promoter to rectify the defects in the application within
such time period as may be specified by it. Upon the revocation of registration of
a project as per section 7, the Authority shall inform the promoter about such
revocation in Form 'C'. (1)
For the purpose of sub-section (2) of section
13 of the Act, the agreement for sale shall be in the form as per Annexure-A. (2)
Any application letter, allotment letter or
any other document signed by the allottee, in respect of the apartment, plot or
building, prior to the execution and registration of the agreement for sale for
such apartment, plot or building, as the case may be, shall not be construed to
limit the rights and interests of the allottee under the agreement for sale or
under the Act or the rules or the regulations made there under. CHAPTER III REAL ESTATE AGENT (1)
Every real estate agent required to register
as per sub-section (2) of section 9 of the Act shall make an application in
writing to the Authority in Form 'E', in triplicate, until the application
procedure is made web based, along with the following documents, namely: - (a)
the brief details of his enterprise including
its name, registered address, type of enterprise (proprietorship, societies,
partnership, company etc.); (b)
the particulars of registration (whether as a
proprietorship, partnership, company, society etc.) including the bye-laws,
memorandum of association, articles of association etc. as the case may be; (c)
name, address, contact details and photograph
of the real estate agent, if it is an individual and the name, address, contact
details and photograph of the partners, directors etc. in case of other
entities; (d)
the authenticated copy of the PAN card of the
real estate agent; (e)
income tax returns filed under the provisions
of the Income Tax Act, 1961 for three financial years preceding the application
or in case the applicant was exempted from filing returns under the provisions
of the Income Tax Act, 1961 for any of the three year preceding the
application, a declaration to such effect; (f)
the authenticated copy of the address proof
of the place of business; and (g)
such other information and documents, as may
be specified by regulations. (2)
The real estate agent shall pay a
registration fee as notified by the Government from time to time along with the
application for registration by way of a demand draft drawn on any scheduled
bank or through online payment, as the case may be. (1)
On receipt of the application as per
sub-section (2) of section 9 read with rule 9, the Authority shall within a
period of thirty days either grant registration to the real estate agent or
reject the application, as the case may be: Provided that the Authority may grant
an opportunity to the real estate agent to rectify the defects in the
application within such time period as may be specified by it. (2)
Upon the registration of a real estate agent,
the Authority shall issue a registration certificate with a registration number
in Form 'F' to the real estate agent. (3)
In case of rejection of the application, the
Authority shall inform the applicant in Form 'G'. (4)
The registration granted under this rule
shall be valid for a period of three years. (1)
The registration granted to a real estate
agent under section 9 of the Act, may be renewed, on an application made by the
real estate agent in Form 'H', in triplicate, until the application procedure
is made web based, which shall not be less than three months prior to the expiry
of the registration granted. (2)
The application for renewal of registration
shall be accompanied with a demand draft drawn on any scheduled bank or through
online payment, as the case may be, for a sum as notified by the Government
from time to time. (3)
The real estate agent shall also submit all
the updated documents set out in clauses (a) to (e) of sub-rule (1) of rule 9
at the time of application for renewal. (4)
In case of renewal of registration, the
Authority shall inform the real estate agent about the same in Form 'I' and in
case of rejection of the application for renewal of registration the Authority,
shall inform the real estate agent in Form 'G': Provided that no application for
renewal of registration shall be rejected, unless the applicant has been given
an opportunity of being heard in the matter and to rectify the defects in the
application within such time period as may be specified by it. (5)
The renewal granted under this rule shall be
valid for a period of three years. The Authority may, due to reasons
specified under sub-section (7) of section 9, revoke the registration granted
to the real estate agent or renewal thereof, as the case may be, and intimate
the real estate agent of such revocation in Form 'G'. The real estate agent shall maintain
and preserve its books of account, records and documents in accordance with the
provisions of the Income Tax Act, 1961 (43 of 1961), as amended from time to
time, and the rules made thereunder. The real estate agent shall provide
assistance to enable the allottee and promoter to exercise their respective
rights and fulfil their respective obligations at the time of booking and sale
of any plot, apartment or building, as the case may be. CHAPTER IV DETAILS TO BE PUBLISHED ON THE WEBSITE OF
THE AUTHORITY (1)
The Authority shall ensure that the following
information, as applicable, shall be made available on its website in respect
of each project registered under the Act, namely; - (a)
details of the promoter including the
following, namely:- (i)
promoter or group profile, (A)
a brief detail of his enterprise including
its name, registered address, type of enterprise (proprietorship, limited
liability partnership, society, partnership, company, competent authority) and
the particulars of registration as such enterprise and in case of a newly
incorporated or registered entity, brief details of the parent entity including
its name, registered address, type of enterprise (whether as proprietorship,
societies, limited liability partnership, partnership, company, competent
authority); (B)
background of promoter,- work experience of
the promoter and in case of a newly incorporated or registered entity work
experience of the chairman, directors, partners, as the case may be and that of
the authorised persons of the parent entity; (C)
name, address, contact details and photograph
of the promoter in case of an individual and the name, address, contact details
and photograph of the chairman, directors, partners, as the case may be and
that of the authorised persons. (ii)
track record of the promoter,- (A)
number of years of experience of the promoter
or parent entity, as the case may be, in real estate development in the State; (B)
number of years of experience of the promoter
or parent entity, as the case may be, in real estate development in other
States or Union territories; (C)
number of completed projects and area
constructed till date in the past five years including the status of the
projects, delay in its completion, details of type of land and payments
pending; (D)
number of ongoing projects and proposed area
to be constructed launched in the past five years including the status of the
said projects, delay in its completion, details of type of land and payments
pending; (E)
details and profile of ongoing and completed
projects for the last five years as provided under clause (b) of sub-section
(2) of section 4 of the Act. (iii)
litigations,- Details of litigation in the
past five years in relation to the real estate projects developed or being
developed by the promoter. (iv)
website,- (A)
web link of the promoter or parent entity, as
the case may be; (B)
web link of the project; (b)
details of the real estate project including
the following, namely: - (i)
advertisement and prospectus issued in regard
to the project; (ii)
compliance and registration,- (A)
authenticated copy of the approvals and
commencement certificate received from the competent authority as provided
under clause (c) of sub-section (2) of section 4; (B)
the sanctioned plan, layout plan and
specifications of the project or the phase thereof, and the whole project as
sanctioned by the competent authority as provided under clause (d) of
sub-section(2) of section 4; (C)
details of the registration granted by the
Authority under the Act; (iii)
apartment, plot and garage related details,- (A)
details of the number, type and carpet area
of apartments for sale in the project along with the area of the exclusive
balcony or verandah areas and the exclusive open terrace areas with the
apartment, if any, or details of the number, type and area of plots for sale in
the project or both, as the case may be; (B)
details of the number and area of garage for
sale in the project; (C)
details of the number of open parking areas
and covered parking areas available in the real estate project; (iv)
registered Agents,- names and addresses of
real estate agents for the project. (v)
consultants,- Details, including name and
addresses, of contractors, architect, structural engineers and other persons
concerned with the development of the real estate project such as- (A)
name and address of the person; (B)
names of promoters; (C)
year of establishment; (D)
names and profile of key projects completed; (vi)
location,- the details of the location of the
project, with clear demarcation of land dedicated for the project along with
its boundaries including the latitude and longitude of the end points of the
project; (vii)
development Plan,- (A)
the plan of development works to be executed
in the proposed project and the proposed facilities to be provided thereof
including fire fighting facilities, drinking water facilities, emergency
evacuation services, use of renewable energy etc.; (B)
amenities:- a detailed note explaining the
salient features of the proposed project including access to the project,
design for electric supply including street lighting, water supply arrangements
and site for disposal and treatment of storm and sullage water, and any other
facilities and amenities or public health services proposed to be provided in
the project; (C)
gantt charts or milestone charts and project
schedule:- the plan of development works to be executed in the project and the
details of the proposed facilities to be provided thereof and the timelines to
achieve the same; (D)
the stage wise time schedule of completion of
the project, including the provisions for civic infrastructure like water,
sanitation and electricity etc. (c)
financial details of the promoter,- (i)
the authenticated copy of the PAN card of the
promoter; (ii)
the annual report including audited profit
and loss account, balance sheet, cash flow statement, directors report and the
auditors' report of the promoter for the immediately preceding three financial
years and where annual report is not available then the audited profit and loss
account, balance sheet, cash flow statement and the auditors' report of the
promoter for the immediately preceding three financial years and in case of
newly incorporated or registered entity such information shall be disclosed for
the parent entity; (d)
the promoter shall upload the following
updates on the webpage for the project, within fifteen days from the expiry of
each quarter, namely:- (i)
list of number and types of apartments or
plots, booked; (ii)
list of number of garages booked; (iii)
status of the project,- (A)
status of construction of each building with
photographs; (B)
status of construction of each floor with
photographs; (C)
status of construction of internal
infrastructure and common areas with photographs. (iv)
status of approvals,- (A)
approvals received; (B)
approvals applied and expected date of
receipt; (C)
approvals to be applied and date planned for
application; (D)
modifications, amendment or revisions, if
any, issued by the competent authority with regard to any sanctioned plans,
layout plans, specifications, license, permit or approval for the project; (e)
the details of approvals, permissions,
clearances, legal documents,- (i)
approvals- (A)
authenticated copy of the license or land use
permission, building sanction plan and the commencement certificate from the
competent authority obtained in accordance with the laws applicable for the
project, and where the project is proposed to be developed in phases, an
authenticated copy of the license or land use permission, building sanction
plan and the commencement certificate for each of such phases; (B)
authenticated copy of the site plan or site
map showing the location of the project land along with names of revenue
estates, survey numbers, cadastral numbers, khasra numbers and area of each
parcels of the project land; (C)
authenticated copy of the layout plan of the
project or the phase thereof, and also the layout plan of the whole project as
sanctioned by the competent authority and other specifications of the project; (D)
floor plans for each tower and block
including clubhouse, amenities and common areas; (E)
any other permission, approval, or license
that may be required under applicable law including fire no-objection
certificate, permission from water and sewerage department etc.; (F)
authenticated copy of occupancy certificate
and completion certificate including its application. (ii)
legal documents- (A)
the details including the proforma of the
application form, allotment letter, agreement for sale and the conveyance deed; (B)
authenticated copy of the legal title deed reflecting
the title of the promoter to the land on which development of project is
proposed along with legally valid documents for chain of title with
authentication of such title; (C)
land title search report from an advocate
having experience of at least ten years, (D)
details of encumbrances on the land on which
development of project is proposed including details of any rights, title,
interest, dues, litigation and name of any party in or over such land or non
encumbrance certificate through an advocate having experience of atleast ten
years from the revenue authority not below the rank of tehsildar, as the case
may be; (E)
where the promoter is not the owner of the
land on which development is proposed details of the consent of the owner of
the land along with a copy of the collaboration agreement, development
agreement, joint development agreement or any other agreement, as the case may
be, entered into between the promoter and such owner and copies of title and
other documents reflecting the title of such owner on the land proposed to be
developed; (F)
details of mortgage or charge, if any,
created on the land and the project; (f)
Contact details- contact address, contact
numbers and email-id of the promoter, authorised person and other officials
related to the project. (2)
For the purpose of clause (c) of section 34
of the Act, the Authority shall maintain a database and ensure that the
information specified therein shall be made available on its website in respect
of each project revoked or penalised, as the case may be. (3)
For the purpose of clause (d) of section 34,
the Authority shall ensure that the following information shall be made
available on its website in respect of each real estate agent registered with
it or whose application for registration has been rejected or revoked, namely:- (a)
For real estate agents registered with the
Authority:- (i)
registration number and the period of
validity of the registration of the real estate agent with the Authority; (ii)
brief details of his enterprise including its
name, registered address, type of enterprise (whether as proprietorship,
societies, partnership, company etc); (iii)
particulars of registration as
proprietorship, societies, partnership, company etc. including the bye-laws,
memorandum of association, articles of association etc. as the case may be; (iv)
name, address, contact details and photograph
of the real estate agent, if it is an individual and the name, address, contact
details and photograph of the partners, directors etc. in case of other
persons; (v)
authenticated copy of the PAN card of the
real estate agent; (vi)
authenticated copy of the address proof or
the place of business and the contact address, contact numbers and email-id of
the real estate agent and its other officials; (b)
In case of applicants whose application for
registration as a real estate agent have been rejected or real estate agents
whose registration has been revoked by the Authority- (i)
registration number and the period of
validity of the registration of the real estate agent with the Authority; (ii)
brief details of his enterprise including its
name, registered address, type of enterprise (whether as proprietorship,
societies, partnership, company etc.); (iii)
name, address, contact details and photograph
of the real estate agent if it is an individual and the name, address, contact
details and photograph of the partners, directors etc. in case of other
persons; (c)
such other documents or information as may be
specified by the Act or the rules and regulations made thereunder. (4)
The Authority shall maintain a back-up, in
digital form, of the contents of its website in terms of this rule, and ensure
that such back-up is updated on the last day of each month. CHAPTER V INTEREST PAYABLE BY PROMOTER AND ALLOTTEE
AND TIMELINES FOR REFUND The rate of interest payable by the
promoter to the allottee or by the allottee to the promoter, as the case may
be, shall be the State Bank of India highest Marginal Cost of Lending Rate plus
two per cent: Provided that in case the State Bank
of India Marginal Cost of Lending Rate is not in use it would be replaced by
such benchmark lending rates which the State Bank of India may fix from time to
time for lending to the general public. Any refund of monies along with the
applicable interest and compensation, if any, payable by the promoter in terms
of the Act or the rules and regulations made thereunder, shall be payable by
the promoter to the allottee within forty-five days from the date on which such
refund along with applicable interest and compensation, as the case may be,
becomes due. CHAPTER VI REAL ESTATE REGULATORY AUTHORITY (1)
As and when vacancies of Chairperson or any
other Member in the Authority exist or arise, or are likely to arise, the
Government may make a reference to the Selection Committee in respect of the
vacancies to be filled as per provisions of section 21. (2)
The Government shall expeditiously constitute
a selection committee, as often as may be required, to select persons for
appointment as Chairperson and Members. (3)
The Selection Committee shall consist of the
following members, namely:- (a)
Chief Justice of High Court of Odisha or his
nominee shall be the Chairman; (b)
Additional Chief Secretary or Principal
Secretary or Secretary to Government, Department of Law shall be the member;
and (c)
Additional Chief Secretary or Principal
Secretary or Secretary to Government, Housing and Urban Development Department
shall be the Member and Convenor of the Selection Committee. (4)
The Selection Committee may, for the purpose
of selection of the Chairperson or Member of the Authority, follow such
procedure as deemed fit including the appointment of a Search Committee
consisting of such persons as the Selection Committee considers appropriate to
suggest a panel of names for appointment as Chairperson or Member of the
Authority. (5)
The Selection Committee shall select two
persons for each vacancy and recommend the same to the Government. (6)
The Selection Committee shall make its
recommendation to the Government within a period of not exceeding sixty days
from the date of reference made under sub-rule (1). (7)
The Government shall within thirty days from
the date of receipt of the recommendation by the Selection Committee, appoint
one of the two persons recommended by the Selection Committee for the vacancy
of the Chairperson or other Member, as the case may be. (1)
The salaries and allowances payable to the
Chairperson and other Members of the Authority shall be as follows- (a)
the Chairperson of the Authority shall be
paid a salary equivalent to that of the Chief Secretary of the State Government;
and (b)
the Members of the Authority shall be paid a
salary equivalent to Principal Secretary of the State Government. (2)
Dearness Allowance and City Compensatory
Allowance: The Chairperson or the Member of the Authority shall be entitled to
receive Dearness Allowance and other allowances at the rate as are admissible
to the Chief Secretary of the State Government or Principal Secretary of the
State Government respectively: Provided that in case a person
appointed as the Chairperson or a member is in receipt of any pension, the pay
of such person shall be reduced by the gross amount of pension including any
commuted portion thereof drawn by him: (3)
Leave: (a)
The Chairperson or a Member shall be entitled
to thirty days of earned leave for every completed year of service. (b)
Leave sanctioning authority.- Leave
sanctioning authority in case of,- (i)
The Chairperson of the Authority, shall be
the Minister-in-charge of the Housing and urban Development Department of the
State Government; and (ii)
The Members of the Authority, shall be the
Chairperson (4)
Other Allowances & Benefits: The other
allowances including travelling allowance, daily allowance, leave travel
concession, medical facilities, conveyance facilities, accommodation, telephone
facilities and other allowances shall be same as admissible to the Chief
Secretary or the Principal Secretary to the State Government, as the case may
be. (1)
Subject to the provisions of the Act, the
administrative powers of the Chairperson of the Authority shall include making
decisions with regard to the following:- (a)
officiating against sanctioned posts; (b)
authorisation of tours to be undertaken by
any Member, officer or employee of the Authority within India; (c)
matters in relation to reimbursement of
medical claims; (d)
matters in relation to grant or rejection of
leaves; (e)
nominations for attending seminars,
conferences and training courses in India; (f)
permission for invitation of guests to carry
out training course; (g)
matters pertaining to staff welfare expenses; (h)
sanction or scrapping or write-off of capital
assets which due to normal wear and tear have become unserviceable or are
considered beyond economical repairs; (i)
matters relating to disciplinary action
against any Member, officer or employee of the Authority. (2)
The Chairman of the Authority shall also
exercise such other powers that may be required for the efficient functioning
of the Authority and enforcement of the provisions of the Act and the rules and
regulations made thereunder. (1)
The conditions of service of the officers and
employees of the Authority in the matter of pay, allowances, leave, joining
time, joining time pay, age of superannuation and other conditions of service,
shall be regulated in accordance with such rules and regulations as are, from
time to time, applicable to officers and employees of the Government and
drawing the corresponding scales of pay. (2)
The Government shall have power to relax the
provisions of any of these rules in respect of any class or category of
officers or employees. The nature and categories of officers
and employees of the Authority shall be recommended by the Authority for
consideration of the Government which shall be approved with or without
modifications, as the case may be, by the Government. (1)
The conditions of service of the officers and
employees of the Authority and any other category of employees in the matter of
pay, allowances, leave, joining time, joining time pay, age of superannuation
and other conditions of service shall be regulated in accordance with such
rules and regulations as are, from time to time, applicable to officers and
employees of the Government and drawing the corresponding scales of pay; Provided that the provisions of the
Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 shall
apply to the officers and employees of the Authority subject to modification
specified in the schedule to these rules. (2)
Consultants or experts may be engaged by the
Authority to facilitate its discharge of functions. The consultants or experts
shall be paid a monthly honorarium as may be determined by the Government from
time to time. (3)
The consultants or experts shall not be
deemed to be regular members of the Staff borne on the establishment of the
Authority. The consultants or experts may be appointed for tenure of one year,
extendable on year to year basis. (4)
The term of the appointment of consultants or
experts may be terminated by the Authority by serving one months' notice. (5)
The Government shall have powers to relax the
provisions of any of these rules in respect of any class or category of
officers or employees or consultants and experts as the case may be for the
reasons recorded in writing. (1)
The office of the Authority shall be located
at Bhubaneswar or at such place as may be determined by the Government by
notification. (2)
The working days and office hours of the
Authority shall be the same as that of the normal working days and office hours
of the other offices of the Government. (3)
The official common seal and emblem of the
Authority shall be such as the Government may specify. (4)
Every notice, order and direction of the
Authority shall bear the seal of the Authority which shall be in custody with
the person designated by the Chairperson. (5)
The Authority shall ordinarily have sittings
at its headquarters and at such other places as the Chairperson may by general
or special order specify. (1)
In addition to the powers specified in clause
(iv) of sub-section (2) of section 35, the Authority shall exercise the
following additional powers,- (a)
require the promoter, allottee or real estate
agent to furnish in writing such information or explanation or produce such
documents within such reasonable time, as it may deem necessary; (b)
requisitioning, subject to the provisions of
sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public
record or document or copy of such record or document from any office. (2)
The Authority may call upon such experts or
consultants from the fields of economics, commerce, accountancy, real estate,
competition, construction, architecture, law or engineering or from any other
discipline as it deems necessary, to assist the Authority in the conduct of any
inquiry or proceedings before it. (3)
The Authority may in the interest of the
allottees, inquire into the payment of amounts imposed as penalty, interest or
compensation, paid or payable by the promoter, in order to ensure that the
promoter has not,- (a)
withdrawn the said amounts from the account
maintained under sub-clause (D) of clause (I) of sub-section (2) of section 4
of the Act; or (b)
used any amounts paid to such promoter by the
allottees for that real estate project for which the penalty, interest or
compensation is payable, or any other real estate project; or (c)
recovered the amounts paid as penalty, fine
or compensation from the allottees of the relevant real estate project or any
other real estate project. Subject to the provisions of
sub-section (1) of section 40, the recovery of the amounts due such as
interest, penalty or compensation shall be recovered as arrears of land revenue
in the manner provided under the Odisha Public Demands Recovery Act, 29162
(Odisha Act 1 of 1963). CHAPTER VII REAL ESTATE APPELLATE TRIBUNAL (1)
Every appeal filed under sub-section (1) of
section 44 of the Act shall be accompanied by a fees of five thousand rupees in
the form of a demand draft drawn on a scheduled bank in favour of the Appellate
Tribunal and payable at the branch of that Bank at the station where the seat
of the said Appellate Tribunal is situated or through online payment, as the
case may be. (2)
Every appeal shall be filed in Form 'J', in
triplicate, until the application procedure is made web based, along with the
following documents, namely:- (a)
True copy of the order against which the
appeal is filed; (b)
Copies of the documents relied upon by the
appellant and referred to in the appeal; and (c)
An index of the documents. (3)
Every appeal shall be either filed at the
filing counter of the Registry of the Appellate Tribunal or through a
registered post or through online system, as applicable. (4)
In case of an appeal sent by post under
sub-rule (3), it shall be deemed to have been presented to the Appellate
Tribunal on the day on which it is received in its office. (5)
Where a party to the appeal is represented by
an authorised person, as provided under section 56 of the Act, a copy of the
authorisation to act as such and the written consent thereto by such authorised
person, both in original, shall be appended to the appeal or the reply to the
notice of the appeal, as the case may be. (6)
On the date of hearing or any other date to
which hearing could be adjourned, it shall be obligatory on the parties or
their agents, as the case may be, to appear before the Appellate Tribunal: Provided that where the appellant or
his authorised person, as the case may be, fails to appear before the Appellate
Tribunal on such days, the Appellate Tribunal may in its discretion either
dismiss the appeal for default or decide it on merits and where the opposite
party or his authorised person fails to appear on the date of hearing, the
Appellate Tribunal may decide the appeal ex-parte. (7)
The procedure for day to day functioning of
the Appellate Tribunal, which have not been provided by the Act or the rules
made thereunder, shall be as specified by the Appellate Tribunal. (1)
As and when vacancies of a Member in the
Appellate Tribunal exist or arise, or are likely to arise, the Government may
make a reference to the Selection Committee in respect of the vacancies to be
filled. (2)
The Selection Committee may, for the purpose
of selection of the Member of the Appellate Tribunal, follow such procedure as
deemed fit including the appointment of a Search Committee consisting of such
persons as the Selection Committee considers appropriate to suggest a panel of
names possessing the requisite qualification and experience and suitable for
being considered for appointment as Member of the Appellate Tribunal. (3)
The Selection Committee shall select two
persons for each vacancy and recommend the same to the Government. (4)
The Selection Committee shall make its
recommendation to the Government within a period of sixty days from the date of
reference made under sub-rule (1). (5)
The Government shall within thirty days from
the date of the receipt of the recommendation by the Selection Committee,
appoint one of the two persons recommended by the Selection Committee for the
vacancy of the Member. (1)
The salaries and allowances payable to the
Chairperson and Members of the Appellate Tribunal shall be as follows, - (a)
The Chairperson shall be paid a monthly
salary equivalent to the last drawn salary by such person, as a Judge of a High
Court; (b)
The Member shall be paid a monthly salary equivalent
to the last drawn salary at the post held by such person, prior to his
appointment as a Member of the Appellate Tribunal; and (c)
The Member, who is not a servant of the
Government, shall be paid a monthly salary equivalent to the Principal Secretary
to the Government. (2)
The Chairperson and every other Member shall
be entitled to thirty days of earned leave for every completed year of service. (3)
The other allowances and conditions of
service of the Chairperson and the Member shall be as admissible to a Judge of
High Court or Principal Secretary to Government, as the case may be. Provided that in case a person
appointed as the Chairperson or a member is in receipt of any pension, the pay
of such person shall be reduced by the gross amount of pension including any
commuted portion thereof drawn by him. (1)
The Government shall on the occurrence of any
of the circumstances specified in clause (d) or clause (e) of sub-section (1)
of section 26 of the Act in case of a Chairperson or Member of the Authority or
as specified under subsection (1) of section 49 in case of a Chairperson or
Member of the Appellate Tribunal, either by receipt of a complaint in this
regard or suo motu, as the case may be, make a preliminary scrutiny with
respect to such charges against the Chairperson or any Member of the Authority
or Appellate Tribunal, as the case may be. (2)
If, on preliminary scrutiny, the Government
considers it necessary to investigate into the allegation, it shall place the
complaint, if any, together with supporting material as may be available,
before the Chief Justice of the High Court to appoint a sitting or retired
Judge of the High Court. (3)
The Government shall forward to the Judge
appointed under sub-rule (2), copies of,- (a)
the statement of charges against the
Chairperson or Member of the Authority or Appellate Tribunal, as the case may
be; and (b)
material documents relevant to the inquiry. (4)
The Chairperson or Member of the Authority or
Appellate Tribunal, as the case may be, shall be given a reasonable opportunity
of being heard with respect to the charges within the time period as may be
specified in this behalf by the Judge conducting the inquiry in the matter. (5)
Where it is alleged that the Chairperson or
Member of an Appellate Tribunal is unable to discharge the duties of his office
efficiently due to any physical or mental incapacity and the allegation is
denied, the Judge may arrange for the medical examination of the Chairperson or
Member of the Appellate Tribunal. (6)
After the conclusion of the investigation,
the Judge shall submit his report to the Government stating therein his
findings and the reasons thereof on each of the articles of charges separately
with such observations on the whole case as he thinks fit. (7)
After receipt of the report under sub-rule
(6), the Government shall in consultation with the Chief Justice of the High
Court decide to either remove or not to remove the Chairperson or Member of the
Authority or Appellate Tribunal, as the case may be. (1)
The conditions of service of the officers and
employees of the Appellate Tribunal and any other category of employees in the
matter of pay, allowances, leave, joining time, joining time pay, age of
superannuation and other conditions of service, shall be regulated in
accordance with such rules and regulations as are, from time to time, as
applicable to officers and employees of the Government and drawing the
corresponding scales of pay. (2)
The Government shall have power to relax the
provisions of any of these rules in respect of any class or category of
officers or employees, as the case may be. The nature and categories of officers
and employees of the Tribunal shall be recommended by the Tribunal for
consideration of the Government which shall be approved with or without
modifications, as the case may be. The conditions of service of the
officers and employees of the Appellate Tribunal and any other category of
employees in the matter of pay, allowances, leave, joining time, joining time
pay, age of superannuation and other conditions of service shall be regulated
in accordance with such rules and regulations as are, from time to time,
applicable to officers and employees of the Government and drawing the
corresponding scales of pay: Provided that the provisions of the
Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 shall
apply to these officers and employees of the Appellate Tribunal subject to
modification specified in the schedule to these rules. (1)
In addition to the powers specified in clause
(g) of sub-section (4) of section 53 of the Act, the Appellate Tribunal shall
exercise the following additional powers,- (a)
Require the promoter, allottee or real estate
agent to furnish in writing such information or explanation or produce such
documents within such reasonable time, as it may deem necessary. (b)
Requisitioning, subject to the provisions of
sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public
record or document or copy of such record or document from any office. (2)
The Appellate Tribunal may call upon such
experts or consultants from the fields of economics, commerce, accountancy,
real estate, competition, construction, architecture, law or engineering or
from any other discipline as it deems necessary, to assist the Appellate
Tribunal in the conduct of any inquiry or proceedings before it. (1)
The Chairperson of the Appellate Tribunal
shall exercise the following administrative powers namely:- (a)
Officiating against sanctioned posts. (b)
Authorisation of tours to be undertaken by
any Member, officer or employee: within India. (c)
Matters in relation to reimbursement of
medical claims. (d)
Matters in relation to grant or rejection of
leaves. (e)
Nominations for attending seminars,
conferences and training courses in India. (f)
Permission for invitation of guests to carry
out training course. (g)
Matters pertaining to staff welfare expenses. (h)
Sanction or scrapping or write-off of capital
assets which due to normal wear and tear have become unserviceable or are considered
beyond economical repairs. (i)
All matters relating to disciplinary action
against any Member, officer or employee. (2)
The Chairperson of the Appellate Tribunal
shall also exercise such other powers that may be required for the efficient
functioning of the Appellate Tribunal and enforcement of the provisions of the
Act and the rules and regulations made there under. (1)
The office of the Appellate Tribunal shall be
located at such place as may be determined by the Government by notification. (2)
The working days and office hours of the
Appellate Tribunal shall be the same as that of the normal working days and
office hours of the other offices of the Government. (3)
The official common seal and emblem of the
Appellate Tribunal shall be such as the Government may specify. (4)
Every notice, order and judgment of the
Appellate Tribunal shall bear the seal of the Appellate Tribunal which shall be
in custody with the person designated by the Chairperson, (5)
The Appellate Tribunal shall ordinarily have
sittings at its headquarters and at such places as the Chairperson may by
general or special order specify. CHAPTER VIII OFFENCES AND PENALTIES (1)
The court shall,
for the purposes of compounding any offence specified under section 70 of the
Act, accept an amount as specified in the Table below: Offence Amount to be paid for compounding the offence Punishable
with imprisonment under sub-section (2) of section 59 ten
percent of the estimated cost of the real estate project Punishable
with imprisonment under section 64 ten
percent of the estimated cost of the real estate project Punishable
with Imprisonment under section 66 ten
percent of the estimated cost of the plot, apartment or building as the case
may be, of the real estate project, for which the sale or purchase has been
facilitated Punishable
with imprisonment under section 68 ten
percent of the estimated cost of the plot, apartment or building as the case
may be (2)
The
promoter, allottee or real estate agent, as the case may be, shall comply with
the orders of the Authority or the Appellate Tribunal, within the period
specified by the court, which shall not be more than thirty days from the date
of compounding of the offence. (3)
On payment
of the sum of money in accordance with sub-rule (1) and subsequent to
compliance of the orders of the Authority or the Appellate Tribunal as provided
in sub-rule (2), any person in custody in connection with that offence shall be
set at liberty and no proceedings shall be instituted or continued against such
person in any court for that offence. (4)
The
acceptance of the sum of money for compounding an offence under sub-rule (1),
by the Court shall be deemed to be an acquittal within the meaning of section
300 of the Code of Criminal Procedure, 1973 (2 of 1974). CHAPTER IX FILING OF COMPLAINT WITH THE AUTHORITY
AND THE ADJUDICATING OFFICER (1)
Any aggrieved person may file a complaint
with the Authority for any violation under the Act or the rules and regulations
made there under, save as those provided to be adjudicated by the adjudicating
officer in such Form, manner and fees as specified by regulations. (2)
The Authority shall for the purposes of
deciding any complaint as specified under sub-rule (1), follow summary
procedure for inquiry in the following manner, namely:- (a)
Upon receipt of the complaint, the Authority
shall issue a notice along with particulars of the alleged contravention and
the relevant documents to the respondent. (b)
The respondent against whom such notice is
issued under clause (a), may file his reply in respect of the complaint within
the period as specified in the notice. (c)
The notice may specify a date and time for
further hearing and the date and time for the hearing shall also be
communicated to the complainant. (d)
On the date so fixed, the Authority shall
explain to the respondent about the contravention alleged to have been
committed in relation to any of the provisions of the Act or the rules and
regulations made thereunder and if the respondent,- (i)
pleads guilty, the Authority shall record the
plea, and pass such orders including imposition of penalty as it thinks fit in
accordance with the provisions of the Act or the rules and regulations, made
thereunder; (ii)
does not plead guilty and contests the
complaint, the Authority shall demand an explanation from the respondent. (e)
In case the Authority is satisfied on the
basis of the submissions made that the complaint does not require any further
inquiry it may dismiss the complaint. (f)
In case the Authority is satisfied on the
basis of the submissions made that there is need for further hearing into the
complaint it may order production of documents or other evidence on a date and
time fixed by it. (g)
The Authority shall have the power to carry
out an inquiry into the complaint on the basis of documents and submissions. (h)
The Authority shall have the power to summon
and enforce the attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any documents which in
the opinion of the adjudicating officer, may be useful for or relevant to the
subject matter of the inquiry, and in taking such evidence, the Authority shall
not be bound to observe the provisions of the Indian Evidence Act, 1872 (11 of
1872). (i)
On the date so fixed, the Authority upon
consideration of the evidence produced before it and other records and
submissions is satisfied that,- (i)
the respondent is in contravention of the
provisions of the Act or the rules and regulations made there under, It shall
pass such orders including imposition of penalty as it thinks fit in accordance
with the provisions of the Act or the rules and regulations made there under; (ii)
the respondent is not in contravention of the
provisions of the Act or the rules and regulations made there under, the
Authority may, by order in writing, dismiss the complaint, with reasons to be
recorded in writing. (j)
If any person fails, neglects or refuses to
appear, or present himself as required before the Authority, the Authority
shall have the power to proceed with the inquiry in the absence of such person
or persons after recording the reasons for doing so. (3)
The procedure for day to day functioning of
the Authority, which have not been provided by the Act or the rules made there
under, shall be as specified by regulations made by the Authority. (4)
Where a party to the complaint is represented
by an authorised person, as provided under section 56, a copy of the
authorisation to act as such and the written consent thereto by such authorised
person, both in original, shall be appended to the complaint or the reply to
the notice of the complaint, as the case may be. (1)
Any aggrieved person may file a complaint
with the adjudicating officer for interest and compensation as provided under
sections 12, 14, 18 and 19 in such Form, manner and fees as specified by
regulations. (2)
The adjudicating officer shall for the
purposes of adjudging interest and compensation follow summary procedure for
inquiry in the following manner, namely:- (a)
Upon receipt of the complaint, the
adjudicating officer shall issue a notice along with particulars of the alleged
contravention and the relevant documents to the respondent. (b)
The respondent against whom such notice is
issued under clause (a) of sub-rule (2) may file his reply in respect of the
complaint within the period as specified in the notice. (c)
The notice may specify a date and time for
further hearing and the date and time for the hearing shall also be
communicated to the complainant. (d)
On the date so fixed, the adjudicating
officer shall explain to the respondent about the contravention alleged to have
been committed in relation to any of the provisions of the Act or the rules and
regulations made thereunder and if the respondent,- (i)
pleads guilty, the adjudicating officer shall
record the plea, and by order in writing for payment of interest as specified
in rule 15 and such compensation as he thinks fit, as the case may be, in
accordance with the provisions of the Act or the rules and regulations, made
there under; (ii)
does not plead guilty and contests the
complaint, the adjudicating officer shall demand and explanation from the
respondent. (e)
In case the adjudicating officer is satisfied
on the basis of the submissions made that the complaint does not require any
further inquiry it may dismiss the complaint. (f)
In case the adjudicating officer is satisfied
on the basis of the submissions made that the there is need for further hearing
into the complaint it may order production of documents or other evidence on a
date and time fixed by him. (g)
The adjudicating officer shall have the power
to carry out an Inquiry into the complaint on the basis of documents and
submissions. (h)
The adjudicating officer shall have the power
to summon and enforce the attendance of any person acquainted with the facts
and circumstances of the case to give evidence or to produce any documents
which in the opinion of the adjudicating officer, may be useful for or relevant
to the subject matter of the inquiry, and in taking such evidence, the
adjudicating officer shall not be bound to observe the provisions of the Indian
Evidence Act, 1872 (11 of 1872). (i)
On the date so fixed, the adjudicating
officer upon consideration of the evidence produced before him and other
records and submissions is satisfied that the respondent is,- (i)
liable to pay interest and compensation, as
the case may be, the adjudicating officer may, by order in writing, order
payment of interest as specified in rule 15 and such compensation as he thinks
fit, as the case may be, in accordance with the provisions of the Act or the
rules and regulations, made thereunder; or (ii)
not liable to any interest and compensation,
as the case may be, the adjudicating officer may, by order in writing, dismiss
the complaint, with reasons to be recorded in writing. (j)
If any person fails, neglects or refuses to
appear, or present himself as required before the adjudicating officer, the
adjudicating officer shall have the power to proceed with the inquiry in the
absence of such person or persons after recording the reasons for doing so. (3)
The procedure for day to day functioning of
the adjudicating officer, which have not been provided by the Act or the rules
made there under, shall be as specified by regulations made by the Authority. (4)
Where a party to the complaint is represented
by an authorised person, as provided under section 56, a copy of the
authorisation to act as such and the written consent thereto by such authorised
person, both in original, shall be appended to the complaint or the reply to
the notice of the complaint, as the case may be. CHAPTER X BUDGET AND REPORT (1)
At the end of the financial year of every
year, the Authority shall prepare a budget, maintain proper accounts and other
relevant records and prepare an annual statement of accounts in Form 'K'. (2)
The Authority shall preserve the accounts and
other relevant records prepared under sub-rule (1) for a minimum period of five
years. (3)
The accounts and other relevant records under
sub-rule (1) shall be signed by the Chairperson, Members, Secretary and the
officer in-charge of Finance and Accounts, (4)
The accounts of the Authority and the audit
report shall, as soon as possible, be submitted to the Government for laying
before the Parliament. (1)
The Authority shall submit its annual report
in such manner as may be specified by the regulations. (2)
The Authority may also include in the Annual
Report such other matters as deemed fit by the Authority for reporting to the
Government. (3)
The annual report shall, after adoption at a
meeting of the Authority and signed by the Chairperson and Members and
authenticated by affixing the common seal of the Authority, with requisite
number of copies thereof, be submitted to the Government within a period of one
hundred and eighty days immediately following the close of the year for which
it has been prepared.ODISHA REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017
PREAMBLE