Uttar Pradesh Real Estate (Regulation and
Development) Rules, 2016
[Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016]
[27th
October, 2016]
In exercise of the powers
conferred under Section 84 of the Real
Estate (Regulation and Development) Act, 2016, the Governor is pleased
to make the following rules, namely.
CHAPTER I PRELIMINARY
Rule - 1. Short title, commencement and extent.
(1)
These rules may be called the Uttar Pradesh
Real Estate (Regulation and Development) Rules, 2016.
(2)
They shall come into force with effect from
the date of their publication in the Gazette.
(3)
They shall be applicable to the whole of
Uttar Pradesh.
Rule - 2. Definitions.
(1)
In these rules, unless the context otherwise
requires,
(a)
“Act” means the Real Estate (Regulation and
Development) Act, 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)
“common area” mean,
(i)
the entire land for the real estate project
or where the project is developed in phases and registration under this Act is
sought for a phase, the entire land for that phase;
(ii)
the stair cases, lifts, staircase and lift
lobbies, fire escapes, and common entrances and exits of buildings;
(iii)
the common basements, terraces, parks, play
ground, open parking areas and common storage spaces;
(iv)
the premises for the lodging of persons
employed for the management of the property including accommodation for watch
and ward staffs or for the lodging of community service personnel;
(v)
installations of central services such as
electricity, gas, water and sanitation, air-conditioning and incinerating,
system for water conservation and renewable energy;
(vi)
the water tanks, sumps, motors, fans,
compressors, ducts and all apparatus connected with installations for common
use;
(vii)
all community and commercial facilities as
provided in the real estate project;
Explanation: community
and commercial facilities shall include only those facilities which have been
provided as common areas in the real estate project.
(viii)
all other portion of the project necessary or
convenient for its maintenance, safety, etc., and in common use;
(e)
“Form” means a form appended to these rules;
(f)
“Government” means the Government of Uttar
Pradesh;
(g)
“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;
(h)
“ongoing project” means a project where
development is going on and for which completion certificate has not been
issued but excludes such projects which fulfill any of the following criteria
on the date of notification of these rules:
(i)
Where services have been handed over to the
Local Authority for maintenance.
(ii)
where common areas and facilities have been
handed over to the Association or the Residents Welfare Association for
maintenance.
(iii)
where all development work have been
completed and sale/lease deeds of sixty per cent of the apartments/houses/plots
have been executed.
(iv)
where all development works have been
completed and application has been filed with the competent authority for issue
of completion certificate.
(i)
“project land” means any parcel or parcels of
land on which the project is developed and constructed by a promoter;
(j)
“section” means a section of the Act;
(k)
“Selection Committee” means the Selection
Committee constituted under Section 22 of the Act in accordance with these
rules;
(l)
“Search Committee” means the Search Committee
constituted under these rules to assist the Selection Committee; and
(2)
Words and expressions used and not defined in
these rules but defined in the Act, shall have the same meaning respectively
assigned to them in the Act.
CHAPTER II REAL
ESTATE PROJECT
Rule - 3. Information and documents to be furnished by the promoter for registration of Project.
(1)
The promoter shall furnish the following
additional information and documents, along with those specified under the
relevant sections of the Act, for registration of the real estate project with the
regulatory authority namely.
(a)
authenticated copy of the PAN card of the
promoter;
(b)
audited balance sheet of the promoter for the
preceding financial year and income tax returns of the promoter for three
preceding financial years;
(c)
the number of open parking areas available in
the said real estate project;
(d)
copy of the legal title deed reflecting the
title of the promoter to the land on which development is proposed to be
developed along with legally valid documents with authentication of such title,
if such land is owned by another person;
(e)
the details of encumbrances on the land on
which development is proposed including any rights, title, interest or name of
any party in or over such land along with details;
(f)
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;
(g)
such other information and documents, as may
be specified by regulations.
(2)
The application referred to in sub-section
(1) of Section 4 shall be made in Form A, which shall be submitted in
triplicate, until the application procedure is made web based as provided under
sub-section (3) of Section 4.
(3)
The promoter shall pay a registration fee at
the time of application for registration by way of a demand draft drawn on any
nationalized or scheduled bank, for a sum calculated at the rate of.
(a)
rupees twenty per square meter for commercial
projects where the area of land proposed to be developed does not exceed one
thousand square meters and rupees one thousand for every hundred square meter
or part thereof where the area of land proposed to be developed exceeds one
thousand square meters.
(b)
rupees ten per square meter for residential
or any other projects where the area of land proposed to be developed does not
exceed one thousand square meters and rupees five hundred for every hundred
square meter or part thereof where the area of land proposed to be developed
exceeds one thousand square meters.
(4)
The declaration to be submitted under clause
(1) of sub-section (2) of Section 4, shall be in Form B.
(5)
In case the promoter applies for withdrawal
of application for registration of the project before the expiry of the period
of 30 days provided under sub-section (1) of Section 5, registration fee to the
extent of ten per cent paid under sub-rules (3) or rupees fifty thousand
whichever is more, shall be retained as processing fee by the regulatory
authority and the remaining amount shall be refunded to the promoter within
thirty days from the date of such withdrawal.
Rule - 4. Disclosure by promoters of existing projects.
(1)
Upon the notification for commencement of
sub-section (1) of Section 3, promoters of all ongoing projects which have not
received completion certificate shall, within the time specified in the said
sub-section, make an application to the authority in the form and manner
provided in Rule 3.
(2)
The promoter shall disclose all project
details as required under the Act and the rules and regulations made
thereunder, including the status of the project and the extent of completion.
(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.
Rule - 5. Withdrawal of sums deposited in separate account.
(1)
For the purposes of sub-clause (D) of clause
(1) of sub-section (2) of Section 4, the land cost shall be the cost incurred
by the promoter, whether as an outright purchase, lease charges and will
include the charges incurred to obtain the approval of the competent authority.
(2)
For the purposes of sub-clause (D) of clause
(1) of sub-section (2) of Section 4, the construction cost shall be the cost
incurred by the promoter, towards the on-site expenditure for the physical
development of the project.
Rule - 6. Grant or rejection of registration of the project.
(1)
Upon the registration of a project as per
Section 5 read with Rule 3, the authority shall issue a registration
certificate with a registration number in Form C to the promoter.
(2)
In case of rejection of the application as
per Section 5 the regulatory authority shall inform the applicant in Form D.
Rule - 7. Extension of registration of the project.
(1)
The registration granted under Section 5, may
be extended as per Section 6, on an application made by the promoter in Form E
which shall not be less than 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, for an
amount equivalent to twice the registration fee as prescribed under sub-rule
(3) of Rule 3 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
extension of registration is due to force majeure the authority may at its
discretion waive the fee for extension of registration.
(3)
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
regulatory authority shall inform the promoter about the same in Form F and in
case of rejection of the application for extension of registration the
regulatory authority shall, after giving an opportunity to the applicant to be
heard in the matter as per second proviso of Section 6, inform the promoter
about the same in Form D:
Rule - 8. Revocation of Registration of the project.
Upon the revocation of
registration of a project as per Section 7 the regulatory authority shall
inform the promoter about such revocation in Form D.
CHAPTER III REAL
ESTATE AGENT
Rule - 9. Application for registration by the real estate agent.
(1)
Every real estate agent required to register
as per sub-section (2) of Section 9 shall make an application in writing to the
Regulatory Authority in Form G along with the following documents, namely.
(a)
brief details of his enterprise including its
name, registered address, type of enterprise (proprietorship, societies,
partnership, companies, etc.);
(b)
particulars of registration including the
bye-laws, memorandum of association, articles of association, etc. as the case
may be;
(c)
photograph of the real estate agent if it is
an individual and the photograph of the partners, directors, etc. in case of
other entities;
(d)
authenticated copy of the PAN card;
(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)
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 at the time of application for registration by way of a demand
draft drawn on any scheduled bank, for a sum of rupees twenty-five thousand in
case of the applicant being an individual or rupees two lakh fifty thousand in
case of the applicant being anyone other than an individual.
Rule - 10. Grant of Registration to the real estate agent.
(1)
Upon the registration of a real estate agent
as per Section 9 read with Rule 10, the authority shall issue a registration
certificate with a registration number in Form H to the real estate agent.
(2)
In case of rejection of the application as
per Section 9 the authority shall inform the applicant in Form I.
(3)
The registration granted under this rule
shall be valid for a period ten years.
Rule - 11. Renewal of registration of real estate agent.
(1)
The registration granted under Section 9, may
be renewed as per Section 6, on an application made by the real estate agent in
Form J 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, for a sum
of rupees five thousand in case of the real estate agent being an individual or
rupees fifty thousand in case of the real estate agent being anyone other than
an individual.
(3)
The real estate agent shall also submit all
the updated documents set out in clauses to (f) of Rule 10 at the time of application for renewal.
(4)
In case of renewal of registration, the
regulatory authority shall inform the real estate agent about the same in Form
K and in case of rejection of the application for renewal of registration the
regulatory authority, shall inform the real estate agent in Form I:
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.
(5)
The renewal of registration of the real
estate agent shall be granted provided that the real estate agent remains in
compliance with the provisions of the Act and the rules and regulations made
thereunder.
(6)
The renewal granted under this rule shall be
valid for a period five years.
Rule - 12. Revocation of Registration of real estate agent.
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 as per Form I.
Rule - 13. Other functions of a real estate agent.
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
Rule - 14. Details to be published on the website.
(1)
For the purpose of clause (b) of Section 34, the regulatory
authority shall ensure that the following information shall be made available
on its website in respect of each project registered:
(a)
Details of the promoter including the following.
(i)
Developer 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 and in case of a newly incorporated or registered
entity, brief details of the of the parent entity including its name,
registered address, type of enterprise (proprietorship, societies, limited
liability partnership, partnership, companies, competent authority);
(B)
background of promoter educational
qualification, work experience and in case of a newly incorporated or
registered entity work experience of the parent entity.
(ii)
Track record of the promoter.
(A)
number of years of experience of the promoter
or parent entity in real estate construction in Uttar Pradesh;
(B)
number of years of experience of the promoter
or parent entity in real estate construction in other states or union
territories;
(C)
number of completed projects and area
constructed till date;
(D)
number of ongoing projects and proposed area
to be constructed;
(E)
details and profile of ongoing and completed
projects for the last 5 years as provided under clause (b) of sub-section (2) of Section 4.
(iii)
Litigations: Details of past or ongoing
litigations in relation to the real estate project.
(iv)
Website.
(A)
web link to the developer or group website;
(B)
web link to the project website.
(b)
Details of the real estate project including
the following.
(i)
Compliance and registration.
(A)
authenticated copy of the approvals and
commencement certificate 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.
(ii)
Apartment and garage related details.
(A)
Details of the number, type and carpet area
of apartments for sale in the project as provided under clause (h) of sub-section (2) of Section 4;
(B)
Details of the number and areas of
garages/covered parking for sale in the project as provided under clause (i) of sub-section (2) of Section 4;
(C)
Details of the number of open parking areas
available in the real estate project.
(iii)
Registered Agents-Names and addresses of real
estate agents if any as provided under clause (j) of sub-section 2 of Section 4.
(iv)
Consultants Details-including name and
addresses, of contractors, architects and structural engineers and other
persons concerned with the development of the real estate project as provided
under clause (k) of sub-section
(2) of Section 4 such as;
(A)
Name and address of the firm
(B)
Names of promoters
(C)
Year of establishment
(D)
Names and profile of key projects completed
(v)
Location: the location details 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 as provided under clause (f)
of sub-section (2) of Section 4.
(vi)
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. as provided under clause (e) of sub-section (2) of Section 4;
(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, any other
facilities and amenities or public health services proposed to be provided in
the project;
(C)
Gantt 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.
(c)
Financials of the promoter:
(i)
authenticated copy of the PAN card of the
promoter
(ii)
audited balance sheet of the promoter for the
preceding financial year and income tax returns of the promoter for three
preceding financial years and in case of a newly incorporated or registered
entity annual returns of the last 3 financial years of the parent entity.
(d)
The promoter shall upload the following
updates on the webpage for the project, within seven days from the expiry of
each quarter.
(i)
List of number and types of apartments or
plots, as the case may be booked;
(ii)
List of number of garages/covered parking
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)
Approval 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 license, permit or
approval for the project.
(E)
Downloads:
(v)
Approvals:
(A)
No Objection Certificates
Consent to Establish and
Operate;
Environmental Clearance;
Fire NOC;
Permission from Water and
Sewerage department;
Height clearance from
Airport Authority of India where applicable;
Such other approvals as may
be required and obtained for the project.
(B)
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 the phase proposed for
implementation;
(C)
Authenticated copy of the site plan or site
map showing the location of the project land along with names of revenue villages,
khasra numbers and area of each parcel/lease plan of the project land,
whichever is applicable;
(D)
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;
(E)
Floor plans for each tower and block
including clubhouse, amenities and common areas;
(F)
Any other permission, approval, or licence
that may be required under applicable law;
(G)
Authenticated copy of occupancy
certificate/completion certificate.
(vi)
Legal Documents:
(A)
Details including the pro forma 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 is proposed
to be developed along with legally valid documents with authentication of such
title, if such land is owned by another person;
(C)
Land Title Search Report from an advocate
having experience of at least ten years in land related matters;
(D)
Details of encumbrances on the land on which
development is proposed including any rights, title, interest or name of any
party in or over such land along with details or no encumbrance certificate
from an advocate having experience of at least ten years in land related
matters;
(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)
Consent letters:
From banks for construction
finance;
From banks for home loan
tie-ups.
(e)
Contact details: Contact address, contact
numbers and email-ids of the promoter and other officials handling the project.
(f)
Such other documents or information as may be
specified by the Act or the rules and regulations made thereunder.
(2)
For the purpose of clause (c) of Section 34, the regulatory
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 penalized, as the case may be.
(3)
For the purpose of clause (d) of Section 34, the regulatory
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:
(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 regulatory
authority;
(ii)
brief details of his enterprise including its
name, registered address, type of enterprise (proprietorship, societies,
partnership, companies, etc.);
(iii)
particulars of registration including the
bye-laws, memorandum of association, articles of association, etc. as the case
may be;
(iv)
photograph of the real estate agent if it is
an individual and the photograph of the partners, directors, etc. in case of
other persons;
(v)
authenticated copy of the PAN card;
(vi)
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;
(vii)
authenticated copy of the address proof of
the place of business and the contact address, contact numbers and email-ids of
the real estate agent and other officials responsible.
(b)
In case of applicants whose application for
registration as a real estate agent has been rejected or real estate agents
whose registration has been revoked by the regulatory authority:
(i)
registration number and the period of
validity of the registration of the real estate agent with the regulatory
authority;
(ii)
brief details of his enterprise including its
name, registered address, type of enterprise (proprietorship, societies,
partnership, companies, etc.);
(iii)
photograph of the real estate agent if it is
an individual and the 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 RATE
OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND TIMELINES FOR REFUND
Rule - 15. Rate of interest payable by the promoter and the allottee.
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.
Rule - 16. Timelines for refund.
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, if any,
becomes due.
CHAPTER VI REAL
ESTATE REGULATORY AUTHORITY
Rule - 17. Manner of selection of chairperson and members of the Authority.
(1)
The regulatory authority shall consist of a
Chairperson and three whole-time Members to be appointed by the Government.
(2)
As and when vacancies of Chairperson or a
Member in the regulatory 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.
(3)
The Selection Committee may, for the purpose
of selection of the Chairperson or a Member of the regulatory authority, follow
such procedure as deemed fit.
(4)
(a)
A Search Committee shall be constituted to suggest a panel of names possessing
the requisite qualification and experience and suitable for being considered
for appointment as Chairperson or Member of the authority. The Search Committee
shall consist of;
(i)
The Principal Secretary/Secretary to the
Government in Department of Personnel;
(ii)
The Principal Secretary/Secretary to the
Government in Information and Technology Department;
(iii)
The Principal Secretary/Secretary to the
Government in Administrative Department.
(b) The Senior most Member shall be the Chairman of the Search
Committee.
(c) The Search Committee shall invite applications along with Bio
data/Curriculum Vitae and prepare a list of eligible persons as per the
provisions of Section 22 of the Act for selection to the posts of Chairperson
and other Members of the authority.
(d) The Search Committee shall scrutinize the applications
received to ascertain the qualifications and professional experience of the
eligible persons.
(e) After scrutiny of the applications the Search Committee shall
forward the applications of all eligible candidates to the Selection Committee.
(f) The Search Committee shall complete the above process within
fifteen days from the last date of the receipt of applications.
(5)
The Selection Committee shall select three
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 fifteen days from the date
of reference made under sub-rule (2).
(7)
The Government shall appoint one of the three
persons recommended by the Selection Committee for the vacancy of the
Chairperson or Member, as the case may be.
Rule - 18. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the regulatory authority.
(1)
Subject to the provisions of Section 26 of
the Act the Chairperson of the authority shall be entitled to draw salaries, as
are admissible to the Chief Secretary.
(2)
The Chairperson shall be entitled without
payment of rent a well furnished official residence throughout the term of his
office and for a period of one month immediately thereafter and no charge shall
fall on him personally in respect of the maintenance of such residence. For
this purpose, residence includes the staff quarters and other buildings
appurtenant thereto and the garden thereof. Maintenance in relation to a
residence includes the payment of Municipal taxes and electricity and water.
Where, for any reason, the
Chairperson does not avail himself of the use of an official residence he may
be paid every month an allowance equivalent to an amount of 30% of his pay as
HRA in lieu of rent-free official residence. In such case the residence of the
Chairperson will be treated as official residence and all other facilities
described above will be provided.
(3)
The Chairperson shall be entitled to
subscribe to the General Provident Fund (Central Service). If he was a member
of the IAS before taking over as the Chairperson, he shall continue to
subscribe to the Provident Fund to which he was subscribing before his
appointment as the Chairperson.
(4)
The Chairperson and the dependent members of
his family shall be entitled to such facilities for medical treatment and for
accommodation in hospitals as applicable to a member of I.A.S. from time to
time:
Provided that the expenses
shall be reimbursed on prescription of Government doctors/hospitals or
Recognized Private Practitioners/Private hospitals to the Chairperson and his
dependents.
The Chairman shall be
entitled to a chauffeur driven staff car and 200 liters fuel per month or the
actual consumption of fuel whichever is less.
(5)
A monthly sumptuary allowance to the tune of
Rs 7500 shall be admissible to the Chairperson.
(6)
The Chairperson shall be entitled to
Travelling Allowance/LTC at the rate of Rs 600 per day for the entire period of
absence on duty from head quarters, provided that daily allowance so admissible
shall be regulated as follows:
(i)
Full daily allowance for each completed day,
shall be reckoned from mid-night to mid night.
(ii)
For absence from head quarters for less than
twenty-four hours the daily allowance shall be at the following rates namely.
If the absence from head
quarters does not exceed 6 hours, 30% of the full daily allowance;
If the absence from head
quarters exceed 6 hours, but does not exceed 12 hours, 50% of the full daily
allowance.
The Chairperson shall also
be entitled to LTC for self, spouse and dependent members for visiting any
place in India including home town during leave thrice a year in accordance
with rules applicable in this behalf to a member of the Indian Administrative
Service holding the rank of Secretary to Government of India.
(7)
Subject to the provisions of Section 26, a
member of the authority shall be entitled to draw salary and other facilities
as are admissible to the Principal Secretary of the Government.
(8)
Every part time member, who is not a servant
of the Government, shall be paid a sitting fee for each day he attends the
meetings of the regulatory authority as may be determined by the Government,
from time to time and they shall not be entitled to any allowance relating to
house and vehicle.
Rule - 19. Administrative powers of the Chairperson of the regulatory authority.
The administrative powers of
the Chairperson of the regulatory authority shall include making decisions with
regard to the following:
(a)
all matters pertaining to staff strength,
wages and salaries structures, emoluments, perquisites and personnel policies
with approval of the Government.
(b)
all matters pertaining to creation and
abolition of posts with approval of the Government.
(c)
all matters pertaining to appointments,
promotions and confirmation for all posts;
(d)
acceptance of resignations by any Member,
officer or employee;
(e)
officiating against sanctioned posts;
(f)
authorization of tours to be undertaken by
any Member, officer or employee: within and outside India and allowance to be
granted for the same;
(g)
all matters in relation to reimbursement of
medical claims;
(h)
all matters in relation to grant or rejection
of leaves.
(i)
permission for purchase/hiring of vehicles
for official use;
(j)
nominations for attending seminars,
conferences and training courses in India or abroad;
(k)
permission for invitation of guests to carry
out training course;
(l)
all matters pertaining to staff welfare
expenses;
(m)
sanction scrapping or write-off of capital
assets which due to normal wear and tear have become unserviceable or are
considered beyond economical repairs;
(n)
all matters relating to disciplinary action
against any Member, officer or employee;
(o)
any other powers that may be required for the
efficient functioning of the Authority and enforcement of the provisions of the
Act and these rules.
Rule - 20. Salary and allowances payable and other terms and conditions of service of the officers and other employees of the regulatory authority and experts and consultants engaged by the regulatory authority.
(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;
(2)
Consultants or experts may be engaged for
such tenure and for such honorarium as may be determined by the authority.
(3)
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 or consultants and experts, as the case may be.
Rule - 21. Functioning of the Authority.
(1)
The Government may appoint two suitable persons
respectively as Secretary who shall be not less than the rank of a Special
Secretary to the Government and the Chief Accounts Officer/Finance Controller
of the authority. They shall exercise such powers and perform such duties as
may be prescribed by regulations or delegated to them by the authority.
(2)
The office of the authority shall be located
at such place as may be determined by the Government by notification.
(3)
The working days and office hours of the
authority shall be the same as that of the Government.
(4)
The official common seal and emblem of the
authority shall be such as the Government may specify.
Rule - 22. Additional powers of the Authority.
(1)
In addition to the powers specified in
sub-section (2) of Section 35 the authority shall have 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 (Act no. 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 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)
On receipt of the application in prescribed
form and complete in all respects under Section 4 read with Rule 3 for
registration of a project, the authority may review the documents submitted
along with the application under Rule 3 and enquire, inter alia, into the
following matters and such other matters, as it may consider necessary, prior
to grant of registration within the time prescribed under sub-section (1) of
Section 5, namely.
(a)
the nature of rights and interest of the
promoter to the land which is proposed to be developed;
(b)
extent and location of area of land proposed
to be developed;
(c)
layout plan of the project;
(d)
financial, technical and managerial capacity
of the promoter to develop the project;
(e)
plan regarding the development works to be
executed in the project; and
(f)
conformity of development of the project with
neighboring areas.
(4)
The authority may in the interest of the
allottees, enquire 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 as provided under sub-clause (D) of clause (1) of sub-section (2) of
Section 4; or
(b)
used any amounts paid to such promoter by the
allottees for the that real estate project for which the penalty, interest or
compensation is payable, or any other real estate project;
(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.
Rule - 23. Manner of recovery of interest, penalty and compensation.
Subject to the provisions of
sub-section (1) of Section 40, the recovery of the amounts due as arrears of
land revenue shall be carried out in the manner provided in local laws.
Rule - 24. Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal.
For the purpose of
sub-section (2) of Section 40, every order passed by the adjudicating officer,
regulatory authority or Appellate Tribunal, as the case may be, under the Act
or the rules and regulations made thereunder, shall be enforced by the
adjudicating officer, regulatory authority or the Appellate Tribunal in the
same manner as if it were a decree or order made by the principal civil court
in a suit pending therein and it shall be lawful for the adjudicating officer,
regulatory authority or Appellate Tribunal, as the case may be, in the event of
its inability to execute the order, send such order to the principal civil
court, to execute such order either within the local limits of whose
jurisdiction the real estate project is located or in the principal civil court
within the local limits of whose jurisdiction the person against whom the order
is being issued, actually and voluntarily resides, or carries on business, or
personally works for gain.
CHAPTER VII REAL
ESTATE APPELLATE TRIBUNAL
Rule - 25. Form for filing Appeal and the fees payable.
(1)
Every appeal filed under sub-section (1) of
Section 44 shall be accompanied by a fee of rupees one thousand in favour of
the Appellate Tribunal.
(2)
Every appeal shall be filed in Form L along
with the following documents:
(a)
An attested 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;
(c)
An index of the documents.
(3)
Procedure for filing the appeal shall be as
decided by the Appellate Tribunal.
Rule - 26. Manner of selection of members of the Appellate Tribunal.
(1)
The Appellate Tribunal shall consist of a
chairperson and three whole time members.
(2)
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.
(3)
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.
(4)
The Selection Committee shall select two
persons for each vacancy and recommend the same to the Government.
(5)
The Selection Committee shall make its
recommendation to the appropriate Government within a period of sixty days from
the date of reference made under sub-rule (2).
(6)
The Government shall within thirty days from
the date of the recommendation by the Selection Committee, appoint one of the
two persons recommended by the Selection Committee for the vacancy of the
Member.
Rule - 27. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal.
(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 whole-time 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;
(c)
Every full-time Member, who is not a servant
of the Government, shall be paid a monthly salary and allowance equivalent to
the Principal Secretary to the Government;
(d)
Every part-time Member, who is not a servant
of the Government, shall be paid a sitting fee for each day he attends the
meetings of the Appellate Tribunal as may be determined by the Government, from
time to time.
(2)
The Chairperson and every other Member shall
be entitled to thirty days of earned leave for every year of service.
(3)
The other allowances and conditions of
service of the Chairperson and the whole time Member shall be as per
notification issued by the Government from time to time.
Rule - 28. Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal.
(1)
In the event of the Government becoming aware
of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of Section 26 in case of a Chairperson or
Member of the regulatory authority or as specified under sub-section (1) of
Section 49 in case of a Chairperson or Member of the Appellate Tribunal, by
receipt of a complaint in this regard or suo motu, as the case may be, the
Government shall make a preliminary scrutiny with respect to such charges
against the Chairperson or any Member of the regulatory 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 a Judge
nominated by the High Court.
(3)
The Government shall forward to the Judge,
copies of;
(a)
the statement of charges against the
Chairperson or Member of the regulatory 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.
(5)
Where it is alleged that the Chairperson or
Member 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)
Thereafter, 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 regulatory authority or
Appellate Tribunal, as the case may be.
Rule - 29. Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal.
(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;
(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 or consultants and experts, as the case may be.
Rule - 30. Additional powers of the Appellate tribunal.
The Appellate Tribunal may
call upon such experts or consultants from the fields of economics, commerce,
accountancy, real estate, competition, construction, architecture 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.
Rule - 31. Administrative powers or the Chairperson of the Appellate Tribunal.
The administrative powers of
the Chairperson of the Appellate Tribunal shall include making decisions with
regard to the following:
(a)
all matters pertaining to staff strength,
wages and salaries structures, emoluments, perquisites and personnel policies
with consent of the Government;
(b)
all matters pertaining to creation and
abolition of posts with consent of the Government;
(c)
all matter pertaining to appointments,
promotions and confirmation for all posts;
(d)
acceptance of resignations by any Member,
officer or employee;
(e)
officiating against sanctioned posts;
(f)
authorization of tours to be undertaken by
any Member, officer or employee: within and outside India and allowance to be
granted for the same;
(g)
all matters in relation to reimbursement of
medical claims;
(h)
all matters in relation to grant or rejection
of leaves.
(i)
permission for hiring of vehicles for
official use;
(j)
nominations for attending seminars,
conferences and training courses in India or abroad;
(k)
permission for invitation of guests to carry
out training course;
(l)
all matters pertaining to staff welfare
expenses;
(m)
sanction scrapping or write-off of capital
assets which due to normal wear and tear have become unserviceable or are
considered beyond economical repairs;
(n)
all matters relating to disciplinary action
against any Member, officer or employee;
(o)
any other powers that may be required for the
efficient functioning of the Appellate Tribunal and enforcement of the
provisions of the Act and these Rules.
CHAPTER VIII OFFENCES
AND PENALTIES
Rule - 32. Terms and conditions and the fine payable for compounding of offence.
(1)
The court shall, for the purposes of
compounding any offence specified under Section 70, accept a sum of money as
specified in the Table below:
|
Offence
|
Money to be paid for
compounding the offence
|
|
Imprisonment under
sub-section (2) of Section 59
|
The money to be paid for
compounding shall be proportionate to the term of imprisonment subject to
maximum of 10 per cent of the estimated cost of the real estate project for
three years.
|
|
Imprisonment under Section
64
|
The money to be paid for
compounding shall be proportionate to the term of imprisonment subject to
maximum of 10 per cent of the estimated cost of the real estate project for
three years.
|
|
Imprisonment under Section
66
|
The money to be paid for
compounding shall be proportionate to the term of imprisonment subject to
maximum of 10 per cent of the estimated cost for one year of plot, apartment
or building as the case may be, of the real estate project, for which the
sale or purchase has been facilitated.
|
|
Imprisonment under Section
68
|
The money to be paid for
compounding shall be proportionate to the term of imprisonment subject to
maximum of 10 per cent of the estimated cost for one year of the plot,
apartment, or building as the case may be.
|
Provided that the Government
may, by notification in the official gazette, amend the rates specified in the
table above.
(2)
On payment of the sum of money in accordance
with the table above, 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.
(3)
The acceptance of the sum of money for
compounding an offence in accordance with the table above, by the Court shall
be deemed to amount to an acquittal within the meaning of Section 300 of the
Code of Criminal Procedure, 1973.
(4)
The promoter, allottee or real estate agent,
as the case may be, shall comply with the orders of the regulatory authority or
the Appellate Tribunal, within the period specified by the court, which shall
not be more than 30 days from the date of compounding of the offence.
Rule - 33. Manner of filing a complaint with the regulatory authority and the manner of holding an inquiry by the regulatory authority.
(1)
Any aggrieved person may file a complaint
with the regulatory authority for any violation under the Act or the rules and
regulations made thereunder, save as those provided to be adjudicated by the
adjudicating officer, in Form M which shall be accompanied by a fee of rupees
one thousand in the form of a demand draft drawn on a nationalized bank in
favour of regulatory authority and payable at the main branch of that bank at
the station where the seat of the said regulatory authority is situated.
Explanation For
the purpose of this sub-rule “person” shall include the association of
allottees or any voluntary consumer association registered under any law for
the time being in force.
(2)
The regulatory authority shall for the
purposes of deciding any complaint as specified under sub-rule (1), follow
summary procedure for inquiry in the following manner:
(a)
Upon receipt of the complaint the regulatory
authority shall issue a notice along with particulars of the alleged
contravention and the relevant documents to the respondent;
(b)
The notice shall specify a date and time for
further hearing;
(c)
On the date so fixed, the regulatory
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 regulatory 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 regulatory authority shall demand an explanation from the
respondent;
(d)
In case the regulatory authority is satisfied
on the basis of the submissions made that the complaint does not require any
further inquiry it may dismiss the complaint;
(e)
In case the regulatory authority 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 it;
(f)
The regulatory authority shall have the power
to carry out an inquiry into the complaint on the basis of documents and
submissions;
(g)
On the date so fixed, the regulatory
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 thereunder 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 thereunder;
(ii)
the respondent is not in contravention of the
provisions of the Act or the rules and regulations made thereunder the
regulatory authority may, by order in writing, dismiss the complaint, with
reasons to be recorded in writing.
(h)
If any person fails, neglects or refuses to
appear, or present himself as required before the regulatory authority, the
regulatory 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.
Rule - 34. Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer.
(1)
Any aggrieved person may file a complaint
with the adjudicating officer for compensation under Section 12, 14, 18 and 19
in Form N which shall be accompanied by a fee of rupees one thousand in the
form of a demand draft drawn on a nationalized bank in favour of regulatory
authority and payable at the main branch of that bank at the station where the
seat of the said regulatory authority is situated.
(2)
The adjudicating officer shall for the
purposes of adjudging compensation follow summary procedure for inquiry in the
following manner:
(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 promoter;
(b)
The notice shall specify a date and time for
further hearing;
(c)
On the date so fixed, the adjudicating
officer shall explain to the promoter 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 promoter:
(d)
pleads guilty, the adjudicating officer shall
record the plea, and award such compensation as he thinks fit in accordance
with the provisions of the Act or the rules and regulations, made thereunder;
(e)
does not plead guilty and contests the
complaint the adjudicating officer shall demand an explanation from the
promoter;
(f)
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;
(g)
In case the adjudicating officer 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 him;
(h)
The adjudicating officer shall have the power
to carry out an inquiry into the complaint on the basis of documents and
submissions;
(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 promoter is.
(j)
liable to pay compensation, the adjudicating
officer may, by order in writing, order payment of such compensation, as deemed
fit by the promoter to the complainant; or
(k)
not liable to any compensation, the
adjudicating officer may, by order in writing, dismiss the complaint, with
reasons to be recorded in writing.
(l)
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.
CHAPTER IX BUDGET
AND REPORT
Rule - 35. Budget, accounts and audit.
The regulatory authority
shall prepare a budget, maintain proper accounts and other relevant records and
prepare an annual statement of accounts as provided in Section 77 in Form O.
Rule - 36. Report and Return.
The regulatory authority
shall prepare its annual report as provided in Section 78 in Form P.
Form A
[See Rule 3(2)]
Application for Registration of Project
To
The Real Estate Regulatory
Authority
Sir,
I/We hereby apply for the
grant of registration of my/our project to be set up at Tehsil District……………..
State………………
(1)
The requisite particulars are as under.
(i)
Status of the applicant, whether individual/company/proprietorship
firm/societies/partnership firm/competent authority;
(ii)
In case of individual-
(a)
Name
(b)
Father's Name
(c)
Occupation
(d)
Permanent address
(e)
Photograph
Or
(iii)
In case of
firm/societies/trust/companies/limited liability partnership/competent
authority.
(a)
Name
(b)
Address
(c)
Copy of registration certificate
(d)
Main objects
(e)
Name, photograph and address of chairman of
the
overning
body/partners/directors, etc.
(iv)
PAN No. …………….;
(v)
Name and address of the bank or banker with
which account in terms of Section 4(1)(D) of the Act will be maintained;
(vi)
Details of project land held by the applicant
……………………..;
(vii)
brief details of the projects launched by the
promoter in the last five years, whether already completed or being developed,
as the case may be, including the current status of the said projects, any
delay in its completion, details of cases pending, details of type of land and
payments pending, etc…………………………..;
(viii)
Agency to take up external development
works……………………………………Local Authority/Self Development;
(ix)
Registration fee by way of a demand draft
dated………………………..drawn
on
bearing no. …………………..for an
amount of
Rs-calculated as per
sub-rule (3) of Rule 3;
(x)
Any other information the applicant may like
to furnish. I/we enclose the following documents in triplicate, namely.
(xi)
authenticated copy of the PAN card of the
promoter;
(xii)
audited balance sheet of the promoter for the
preceding financial year and income tax returns of the promoter for three
preceding financial years;
(xiii)
copy of the legal title deed reflecting the
title of the promoter to the land on which development is proposed to be
developed along with legally valid documents with authentication of such title,
if such land is owned by another person;
(xiv) the
details of encumbrances on the land on which development is proposed including
any rights, title, interest or name of any party in or over such land along
with details;
(xv)
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;
(xvi) an
authenticated copy of the approvals and commencement certificate from the
competent authority obtained in accordance with the laws as may be applicable
for the real estate project mentioned in the application, and where the project
is proposed to be developed in phases, an authenticated copy of the approvals
and commencement certificate from the competent authority for each of such
phases;
(xvii) the
sanctioned plan, layout plan and specifications of the proposed project or the
phase thereof, and the whole project as sanctioned by the competent authority;
(xviii)
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;
(xix) the
location details 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;
(xx)
proforma of the allotment letter, agreement
for sale, and the conveyance deed proposed to be signed with the allottees;
(xxi) the
number, type and the 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 apartment with the apartment, if any;
(xxii) the
number and areas of garage for sale in the project;
(xxiii)
the number of open parking areas available in
the real estate project;
(xxiv)
the names and addresses of his real estate
agents, if any, for the proposed project;
(xxv)the names and
addresses of the contractors, architect, structural engineer, if any and other
persons concerned with the development of the proposed project;
(xxvi)
a declaration in FORM ‘B’.
(2)
I/We solemnly affirm and declare that the
particulars given in herein are correct to my/our knowledge and belief.
Dated:
Place:
Yours faithfully,
Signature and seal of the
Applicant(s)
Form B
[See Rule 3(4)]
Declaration, supported by an affidavit, which shall
be sighned by the Promoter or any Person authorized by the Promoter
Affidavit cum Declaration
Affidavit cum Declaration of
Mr./Ms. …………………………….promoter of the proposed project/duly authorized by the
promoter of the proposed project, vide its/his/their authorization dated
I, promoter of the proposed
project/duly authorized by the promoter of the proposed project do hereby
solemnly declare, undertake and state as under:
(1)
That I/promoter have/has a legal title to the
land on which the development of the project is proposed
Or
…………………………………….have/has a
legal title to the land on which the development of the proposed project is to
be carried out
And
a legally valid
authentication of title of such land along with an authenticated copy of the
agreement between such owner and promoter for development of the real estate
project is enclosed herewith.
(2)
That the said land is free from all
encumbrances.
Or
That details of
encumbrances……………………………….including details of any rights, title, interest or
name of any party in or over such land, along with details.
(3)
That the time period within which the project
shall be completed by me/promoter is
(4)
That seventy per cent of the amounts realised
by me/promoter for the real estate project from the allottees, from time to
time, shall be deposited in a separate account to be maintained in a scheduled
bank to cover the cost of construction and the land cost and shall be used only
for that purpose.
(5)
That the amounts from the separate account,
to cover the cost of the project, shall be withdrawn in proportion to the
percentage of completion of the project.
(6)
That the amounts from the separate account
shall be withdrawn after it is certified by an engineer, an architect and a
chartered accountant in practice that the withdrawal is in proportion to the
percentage of completion of the project.
(7)
That I/promoter shall get the accounts
audited within six months after the end of every financial year by a chartered
accountant in practice, and shall produce a statement of accounts duly
certified and signed by such chartered accountant and it shall be verified
during the audit that the amounts collected for a particular project have been
utilised for the project and the withdrawal has been in compliance with the
proportion to the percentage of completion of the project.
(8)
That I/promoter shall take all the pending
approvals on time, from the competent authorities.
(9)
That I/promoter have/has furnished such other
documents as have been prescribed by the rules and regulations made under the
Act.
(10)
That I/promoter shall not discriminate
against any allottee at the time of allotment of any apartment, plot or
building, as the case may be, on any grounds.
Deponent
Verification
The contents of my above
Affidavit cum Declaration are true and correct and nothing material has been
concealed by me there from.
Verified by me at on this
day of.
Deponent
Form C
[See Rule 6(1)]
Registration Certificate of Project
This registration is granted
under Section 5 of the Act to the following project under project registration
number……………………….:
(Specify Details of Project
including the project address);
(1)
(in the case of an individual) Mr./Ms.
…………………………………….son of Mr./Ms. ……………………
Tehsil…………………………..District…………………………..State………………………….;
Or
(in the case of a
firm/society/company/competent authority)…………………………firm/society/company/competent
authority ………………………………………..having its registered office/principal place of
business at………………………………………..
(2)
This registration is granted subject to the
following conditions, namely.
(i)
The promoter shall enter into an agreement
for sale with the allottees in the form to be prescribed separately;
(ii)
The promoter shall execute and register a
conveyance deed in favour of the allottee or the association of the allottees,
as the case may be, of the apartment or the common areas as per Section 17;
(iii)
The promoter shall deposit seventy per cent
of the amounts realised by the promoter in a separate account to be maintained
in a schedule bank to cover the cost of construction and the land cost to be
used only for that purpose as per sub clause (D) of clause (1) of sub-section
(2) of Section 4;
(iv)
The registration shall be valid for a period
of……………………………years commencing from …………………..and ending with…………………………….unless
renewed by the Real Estate Regulatory Authority in accordance with Section 6
read with Rule 7 of the Act;
(v)
The promoter shall comply with the provisions
of the Act and the rules and regulations made thereunder;
(vi)
The promoter shall not contravene the
provisions of any other law for the time being in force in the area where the
project is being developed.
(3)
If the above mentioned conditions are not
fulfilled by the promoter, the regulatory authority may take necessary action
against the promoter including revoking the registration granted herein, as per
the Act and the rules and regulations made thereunder.
Dated:
Place:
Signature and seal of the
Authorized Officer
Real Estate Regulatory
Authority
Form D
[See Rule 6(2), Rule 7(4) and
Rule 8]
Intimation of rejection of Application for
Registration of Project/Rejection of application for extension of Registration
of Project/Revocation of Registration of Project
From:
The Real Estate Regulatory
Authority,
To
Application/Registration
No.: Dated:
You are hereby informed that
your application for registration of your project is rejected. OR
You are hereby informed that
your application for extension of the registration of your project is rejected.
Or
You are hereby informed that
the registration granted to your project is hereby revoked for the
reasons set out-—
Place:
Dated:
Signature and seal of the
Authorized Officer
Real Estate Regulatory
Authority
Form E
[See Rule 7(1)]
Application for extension of Registration of
Project
From:
To
The Real Estate Regulatory
Authority,
Sir,
I/We hereby apply for
renewal of registration of the following project:
registered with the
regulatory authority vide project registration certificate bearing
No. ……………….., which expires
on.
As required I/we submit the
following documents and information, namely.
(i)
A demand Draft No. ……………….dated……………….for rupees
in favour of………………………drawn on………………………bank as extension fee as provided under
sub-rule (2) of Rule 7;
(ii)
Authenticated Plan of the project showing the
stage of development works undertaken till date;
(iii)
Explanatory note regarding the state of
development works in the project and reason for not completing the development
works in the project within the period declared in the declaration submitted in
Form ‘B’ at the time of making application for the registration of the project;
(iv)
Authenticated copy of the permission/approval
from the competent authority which is valid for a period which is longer than
the proposed term of extension of the registration sought from the regulatory
authority;
(v)
The original project registration
certificate; and
(vi)
Any other information as may be specified by
regulations.
Place:
Dated:
Yours faithfully, Signature
and
seal of the applicant(s)
Form F
[See Rule 7(4)]
Certificate for Extension or Registration of
Project
This extension of
registration is granted under Section 6 of the Act, to the following project:
…………………………………………………………………………………………………………
registered with the
regulatory authority vide project registration certificate bearing no.
………………….of
(1)
(in the case of an individual) Mr./Ms.
………………………………………………son of Mr./Ms. …………………………Tehsil……………………….District………………………State………………………;
Or
(in the case of a
firm/society/company/competent authority)…………………firm/society/company/competent
authority…………………………………………… having its registered office/principal place of
business at…………………………………………
(2)
This renewal of registration is granted
subject to the following conditions, namely.
(i)
The promoter shall execute and register a
conveyance deed in favour of the allottee or the association of the allottees,
as the case may be, of the apartment or the common areas as per Section 17;
(ii)
The promoter shall deposit seventy per cent
of the amounts realised by the promoter in a separate account to be maintained
in a schedule bank to cover the cost of construction and the land cost to be
used only for that purpose as per sub-clause (D) of clause (1) of sub-section
(2) of Section 4;
(iii)
The registration shall be valid for a period
of………………………………….years commencing from ……………………and ending with……………………unless
renewed by the Real Estate Regulatory Authority in accordance with Section 6
read with Rule 7 of the Act;
(iv)
The promoter shall comply with the provisions
of the Act and the rules and regulations made thereunder;
(v)
The promoter shall not contravene the
provisions of any other law for the time being in force in the area where the
project is being developed;
(vi)
If the above mentioned conditions are not
fulfilled by the promoter, the regulatory authority may take necessary action
against the promoter including revoking the registration granted herein, as per
the Act and the rules and regulations made thereunder.
Dated:
Place:
Signature and seal of the
Authorized Officer
Real Estate Regulatory
Authority
Form G
[See Rule 9(1)]
Application for Extension of Registration of
Project
To
The Real Estate Regulatory
Authority
Sir,
I/We beg to apply for the
grant of registration as a real estate agent to facilitate the sale or purchase
of any plot, apartment or building, as the case may be, in real estate projects
registered in the ………………………………………Union territory in terms of the Act and the rules
and regulations made thereunder,
(1)
(in the case of an individual) Mr./Ms.
…………………………….son of Mr./Ms. …………………………… Tehsil…………………………….District…………………………….
State…………………………….;
Or
(in the case of a
firm/society/company) ………………………. firm/society/company …………………………. having its
registered office/principal place of business at
(2)
The requisite particulars are as under.
(i)
Status of the applicant, whether
individual/company/proprietorship firm/societies/partnership firm/limited
liability partnership;
(ii)
In case of individual.
(a)
Name
(b)
Father's Name
(c)
Occupation
(d)
Permanent address
(e)
Photograph
Or
In case of
firm/societies/companies-
(a)
Name
(b)
Address
(c)
Copy of registration certificate
(d)
Major activities
(e)
Name, photograph and address of
partners/directors, etc.
(iii)
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 effects;
(iv)
particulars of registration including the
bye-laws, memorandum of association, articles of association, etc. as the case
may be;
(v)
authenticated copy of the address proof of
the place of business;
(vi)
Details of registration in any other State or
Union territory;
(vii)
Any other information the applicant may like
to furnish.
(3)
I/we enclose the following documents along
with, namely.
(i)
Demand Draft no. ………………….dated…………………. for a
sum of Rs………………….., in favour of …………………., drawn on ………………….bank as.
(ii)
registration fee as per sub-rule (2) of Rule
10;
(iii)
Income tax returns of the last 3 years or
declaration as the case may be;
(iv)
authenticated copy of the PAN card of the
real estate agent; and
(v)
authenticated copy of the registration as a
real estate agent in any other State or Union territory, if applicable;
(4)
I/we solemnly affirm and declare that the
particulars given in herein are correct to my/our knowledge and belief.
Dated:
Place:
Yours faithfully, Signature
and
seal of the applicant(s)
Form H
[See Rule 10(1)]
Registration Certificate of Real Estate Agent
(1)
This registration is granted under Section 9
of the Act with registration certificate bearing no. ………………….to.
(in the case of an
individual) Mr./Ms. ……………………..son of Mr./Ms. …………………….. Tehsil…………………..
District………………………State…………………….;
Or
(in the case of a
firm/society/company)…………………………firm/society/company having its registered
office/principal place of business at
to act as a real estate
agent to facilitate the sale or purchase of any plot, apartment or building, as
the case may be, in real estate projects registered in the Union territory in
terms of the Act and the rules and regulations made thereunder.
(2)
This registration is granted subject to the
following conditions, namely.
(i)
The real estate agent shall not facilitate
the sale or purchase of any plot, apartment or building, as the case may be, in
a real estate project or part of it, being sold by the promoter which is
required but not registered with the regulatory authority;
(ii)
The real estate agent shall maintain and
preserve such books of account, records and documents as provided under Rule
14;
(iii)
The real estate agent shall not involve
himself in any unfair trade practices as specified under clause (c) of Section 10;
(iv)
The real estate agent shall provide
assistance to enable the allottee and promoter to exercise their respective
rights and fulfill their respective obligations at the time of booking and sale
of any plot, apartment or building, as the case may be.
(v)
The real estate agent shall comply with the
provisions of the Act and the rules and regulations made thereunder;
(vi)
The real estate agent shall not contravene
the provisions of any other law for the time being in force in the area where
the project is being developed;
(vii)
The real estate agent shall discharge such
other functions as may be specified by the regulatory authority by regulations;
(3)
The registration is valid for a period of
five years commencing from……………………and ending with………………………….unless renewed by
the regulatory authority in accordance with the provisions of the Act or the
rules and regulations made thereunder.
(4)
If the above mentioned conditions are not
fulfilled by the real estate agent, the regulatory authority may take necessary
action against the real estate agent including revoking the registration
granted herein, as per the Act and the rules and regulations made thereunder.
Dated:
Place:
Signature and seal of the
Authorized Officer
Real Estate Regulatory
Authority
Form I
[See Rule 10(2), 11(4) and 12]
Intimation of rejection of application for
Registration of Real Estate Agent/Rejection of application for renewal of
Registration of Real Estate Agent/Revocation of Registration of Real Estate
Agent
From:
The Real Estate Regulatory
Authority,
To
Application/Registration
No.: Dated: You are hereby informed that your application for registration as
real estate agent is rejected.
Or
You are hereby informed that
your application for the renewal of the registration as real estate agent is
rejected.
Or
You are hereby informed that
the registration granted to you as real estate agent is hereby revoked.
for the reasons set out.
Place:
Dated:
Signature and seal of the
Authorized Officer
Real Estate Regulatory
Authority
Form J
[See Rule 11(1)]
Application for Renewal of Registration of Real
Estate Agent
From:
To
The Real Estate Regulatory
Authority,
Sir,
I/we beg to apply for
renewal my/our registration as a real estate agent under registration
certificate bearing no. …………………………………, which expires
on
As required I/we submit the
following documents and information, namely—
(i)
A demand draft no. …………………………..dated
…………………………..for rupees …………………………..in favour of………………………….. drawn
on…………………………..bank as renewal fee;
(ii)
The original registration certificate; and
(iii)
Status of the applicant, whether
individual/company/proprietorship firm/societies/partnership firm/limited
liability partnership;
(iv)
In case of individual-
(a)
Name
(b)
Father's Name
(c)
Occupation
(d)
Permanent address
(e)
Photograph
Or
In case of
firm/societies/companies.
(a)
Name
(b)
Address
(c)
Copy of registration certificate
(d)
Major activities
(e)
Name, photograph and address of
partners/directors.
(v)
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;
(vi)
particulars of registration including the
bye-laws, memorandum of association, articles of association, etc. as the case
may be;
(vii)
authenticated copy of the address proof of
the place of business;
(viii)
Details of registration in any other State or
Union territory;
(ix)
Any other information as specified by
regulations.
Dated:
Place:
Yours faithfully, Signature
and
seal of the applicant(s)
Form K
[See Rule 11(4)]
Renewal of Registration of Real Estate Agent
(1)
This renewal of registration is granted under
Section 9 of the Act to-
(in the case of an
individual) Mr./Ms. ………………………………..son of Mr./Ms. Tehsil …………………………….
District……………………………State……………………….;
Or
(in the case of a
firm/society/company)…………………………..firm/society/company having its registered
office/principal place of business at
in continuation to
registration certificate bearing No………………………………………….., of
(2)
This renewal of registration is granted
subject to the following conditions, namely.
(i)
The real estate agent shall not facilitate
the sale or purchase of any plot, apartment or building, as the case may be, in
a real estate project or part of it, being sold by the promoter which is
required but not registered with the regulatory authority;
(ii)
The real estate agent shall maintain and
preserve such books of account, records and documents as provided under Rule
14;
(iii)
The real estate agent shall not involve
himself in any unfair trade practices as specified under clause (c) of Section 10;
(iv)
The real estate agent shall facilitate the
possession of all documents, as the allottee is entitled to, at the time of
booking of any plot, apartment or building, as the case may be.
(v)
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.
(vi)
The real estate agent shall comply with the
provisions of the Act and the rules and regulations made thereunder;
(vii)
The real estate agent shall not contravene
the provisions of any other law for the time being in force in the area where
the project is being developed;
(viii)
The real estate agent shall discharge such
other functions as may be specified by the regulatory authority by regulations;
(3)
The registration is valid for a period of
five years commencing from…………………………..and ending with…………………………………unless
renewed by the regulatory authority in accordance with the provisions of the
Act or the rules and regulations made thereunder.
(4)
If the above mentioned conditions are not
fulfilled by the real estate agent, the regulatory authority may take necessary
action against the real estate agent including revoking the registration
granted herein, as per the Act and the rules and regulations made thereunder.
Dated:
Place:
Signature and seal of the
Authorized Officer
Real Estate Regulatory Authority
Form L
[See Rule 25(2)]
Appeal to Appellate Tribunal
Appeal under Section 44 of
the Act
Every appeal shall be filed
in English and in case it is in some other Indian language, it shall be
accompanied by a copy translated in English and shall be fairly and legibly
type-written, lithographed or printed in double spacing on one side of standard
petition paper with an inner margin of about four centimetres width on top and
with a right margin on 2.5 cm, and left margin of 5 cm, duly paginated, indexed
and stitched together in paper book form.
For use of Appellate
Tribunal's office:
Date of
filing:………………………………………
Date of receipt by
post:………………………………………
Registration
no.:………………………………………
Signature:………………………………………
Registrar:………………………………………
In the Real Estate Appellate
Tribunal (Name of Place)
Between
……………………………Appellant(s)
And
……………………………Respondent(s)
Details of appeal:
(1)
Particulars of the appellants:
(i)
Name of the appellant:
(ii)
Address of the existing office/residence of
the appellant:
(iii)
Address for service of all notices:
(2)
Particulars of the respondents:
(i)
Name(s) of respondent:
(ii)
Office address of the respondent:
(iii)
Address for service of all notices:
(3)
Jurisdiction of the Appellate Tribunal:
The appellant declares that
the subject matter of the appeal falls within the jurisdiction of the Appellate
Tribunal.
(4)
Limitation:
The appellant declares that
the appeal is within the limitation specified in sub-section (2) of Section 44
Or
If the appeal is filed after
the expiry of the limitation period specified under sub-section
(2) of Section 44 specify
reasons for delays………………………………………………………
(5)
Facts of the case:
(give a concise statement of
facts and grounds of appeal against the specific order of regulatory authority
or the adjudicating officer, as the case may be passed under section(s) of the
Act.
(6)
Relief(s) sought:
In view of the facts
mentioned in Paragraph 5 above, the appellant prays for the following relief(s)
[Specify below the relief(s)
sought explaining the grounds of relief(s) and the legal provisions (if any)
relied upon]
(7)
Interim order, if prayed for:
Pending final decision on
the appeal the appellant seeks issue of the following interim order:
[Give here the nature of the
interim order prayed for with reasons]
(8)
Matter not pending with any other court, etc.
The appellant further
declares that the matter regarding which this appeal has been made is not
pending before any court of law or any other authority or any other
tribunal(s).
(9)
Particulars of bank draft in respect of the
fee in terms of sub-rule (1) of Rule 28:
(i)
Amount
(ii)
Name of the bank on which drawn
(iii)
Demand draft number
(10)
List of enclosures:
(i)
An attested true copy of the order against
which the appeal is filed
(ii)
Copies of the documents relied upon by the
appellant and referred to in the appeal
(iii)
An index of the documents.
Verification
I……………………………………(name in full
block letters) son/daughter of……………………………the appellant do hereby verify that
the contents of Paragraphs [1 to 10] are true to my personal knowledge and
belief and that I have not suppressed any material fact(s).
Place:
Date:
Signature of the
appellant(s)
Form M
[See Rule 33(1)]
Complaint to Regulatory Authority
Complaint under Section 31
of the Act For use of Regulatory Authority(s) office:
Date of
filing:………………………………..
Date of receipt by post:………………………………..
Complaint no.:………………………………..
Signature:………………………………..
Registrar:………………………………..
In the Regulatory
Authorities Office (Name of Place)
Between
………………………………..Complainant(s)
And
………………………………..Respondent(s)
Details of claim:
(1)
Particulars of the complainant(s):
(i)
Name of the complainant:
(ii)
Address of the existing office/residence of
the complainant:
(iii)
Address for service of all notices:
(2)
Particulars of the respondents:
(i)
Name(s) of respondent:
(ii)
Office address of the respondent:
(iii)
Address for service of all notices:
(3)
Jurisdiction of the regulatory authority:
The complainant declares
that the subject matter of the claim falls within the jurisdiction of the
regulatory authority.
(4)
Facts of the case:
[give a concise statement of
facts and grounds for complaint]
(5)
Relief(s) sought:
In view of the facts
mentioned in Paragraph 4 above, the complainant prays for the following
relief(s)
[Specify below the reliefs)
claimed explaining the grounds of relief(s) and the legal provisions (if any)
relied upon]
(6)
Interim order, if prayed for:
Pending final decision on
the complaint the complainant seeks issue of the following interim order:
[Give here the nature of the
interim order prayed for with reasons]
(7)
Complainant not pending with any other court,
etc.:
The complainant further
declares that the matter regarding which this complaint has been made is not
pending before any court of law or any other authority or any other
tribunal(s).
(8)
Particulars of bank draft in respect of the
fee in terms of sub-rule (1) of Rule 36:
(i)
Amount
(ii)
Name of the bank on which drawn
(iii)
Demand draft number
(9)
List of enclosures:
[Specify the details of
enclosures with the complaint]
Verification
I…………………………..(name in full
block letters) son/daughter of…………………………..the complainant do hereby verify that
the contents of Paragraphs [1 to 9] are true to my personal knowledge and
belief and that I have not suppressed any material fact(s).
Place:
Date:
Signature of the
complainant(s)
Form N
[See Rule 34(1)]
Application to Adjudicating Officer
Claim for compensation under
Section 31 read with Section 71 of the Act
For use of Adjudicating
Officers office:
Date of filing:…………………………….
Date of receipt by
post:…………………………….
Application No.:…………………………….
Signature:…………………………….
Authorized Officer:
In the Adjudicating Officers
Office (Name of Place)
Between
………………………Applicant(s)
And
………………………Respondent(s)
Details of claim:
(1)
Particulars of the applicant(s):
(i)
Name of the applicant:
(ii)
Address of the existing office/residence of
the appellant:
(iii)
Address for service of all notices:
(iv)
Details of allottees apartment, plot or
building
(2)
Particulars of the respondents:
(i)
Name(s) of respondent:
(ii)
Office address of the respondent:
(iii)
Address for service of all notices:
(iv)
Registration no. and address of project:
(3)
Jurisdiction of the Adjudicating Officer:
The applicant declares that
the subject matter of the claim falls within the jurisdiction of the
adjudicating officer.
(4)
Facts of the case:
[give a concise statement of
facts and grounds of claim against the promoter]
(5)
Compensation(s) sought:
In view of the facts
mentioned in Paragraph 4 above, the applicant prays for the following
compensation(s)………………………………………………………………………………………………………………
[Specify below the
compensation(s) claimed explaining the grounds of claim(s) and the legal
provisions (if any) relied upon]
(6)
Claim not pending with any other court, etc.:
The applicant further
declares that the matter regarding which this appeal has been made is not
pending before any court of law or any other authority or any other
tribunal(s).
(7)
Particulars of bank draft in respect of the
fee in terms of sub-rule (1) of Rule 36:
(i)
Amount
(ii)
Name of the bank on which drawn
(iii)
Demand draft number
(8)
List of enclosures:
[Specify the details of
enclosures with the application]
Verification
I……………………………..(name in full
block letters) son/daughter of……………………………..the applicant do hereby verify that
the contents of Paragraphs [1 to 8] are true to my personal knowledge and
belief and that 1 have not suppressed any material fact(s).
Place:
Date:
Signature of the
applicant(s)
Form O
[See Rule 35]
Annual Statement of Accounts
Receipts and Payments
Account
For the year
ended………………………………………………
(In Rupees)
|
A/c Code
|
Receipts
|
Current year As on
|
Previous Year As on
|
A/c Code
|
Payments
|
Current year As on
|
Previous year As on
|
|
1.
|
To Balance Brought down:
|
|
|
13.
|
By Chairperson and Members:
|
|
|
|
1.1.
|
To Bank
|
|
|
13.1.
|
By Pay and Allowances
|
|
|
|
1.2.
|
To Cash in hand
|
|
|
13.2.
|
By Other benefits
|
|
|
|
2.
|
To Fee, Charges and Fine:
|
|
|
13.3.
|
By Travelling expenses:
|
|
|
|
2.1.
|
To Fees
|
|
|
13.3.1.
|
By Overseas
|
|
|
|
2.2.
|
To Charges
|
|
|
13.3.2.
|
By Domestic
|
|
|
|
2.3.
|
To Fines
|
|
|
14.
|
By Officers:
|
|
|
|
2.4.
|
To Others (specify)
|
|
|
14.1.
|
By Pay and Allowances
|
|
|
|
3.
|
To Grants:
|
|
|
14.2.
|
By Retirement benefits
|
|
|
|
3.1.
|
To Accounts with Government
|
|
|
14.3.
|
By Other benefits
|
|
|
|
3.2.
|
To Others (specify)
|
|
|
14.4.
|
By Travelling expenses:
|
|
|
|
4.
|
To Gifts
|
|
|
14.4.1.
|
By Overseas
|
|
|
|
5.
|
To Seminars and conferences
|
|
|
14.4.2.
|
By Domestic
|
|
|
|
6.
|
To Sale of Publications
|
|
|
15.
|
By Staff:
|
|
|
|
7.
|
To Income on investments and
Deposits:
|
|
|
15.1.
|
By Pay and Allowances
|
|
|
|
7.1.
|
To Income on investments
|
|
|
15.2.
|
By Retirement benefits
|
|
|
|
7.2.
|
To Income on Deposits
|
|
|
15.3.
|
By Other benefits
|
|
|
|
8.
|
To Loans:
|
|
|
15.4.
|
By Travelling expenses:
|
|
|
|
8.1.
|
To Government
|
|
|
15.4.1.
|
By Overseas
|
|
|
|
8.2.
|
To Others (specify)
|
|
|
15.4.2.
|
By Domestic
|
|
|
|
9.
|
To Sale of Assets
|
|
|
16.
|
By Hire of Conveyance
|
|
|
|
10.
|
To Sale on Investments
|
|
|
17.
|
By Wages
|
|
|
|
11.
|
To Recoveries from pay bills
|
|
|
18.
|
By Overtime
|
|
|
|
|
|
|
19.
|
By Honorarium
|
|
|
|
|
|
|
20.
|
By Other office expenses
|
|
|
|
|
|
|
21.
|
By Expenditure on Research
|
|
|
|
|
|
|
22.
|
By Consultation expenses
|
|
|
|
|
|
|
23.
|
By Seminars and conferences
|
|
|
|
|
|
|
24.
|
By Publications of Authority
|
|
|
|
|
|
|
25.
|
By Rent and Taxes
|
|
|
|
|
|
|
26.
|
By Interest on Loans
|
|
|
|
|
|
|
27.
|
By Promotional Expenses
|
|
|
|
|
|
|
28.
|
By Membership fee
|
|
|
|
|
|
|
29.
|
By Subscription
|
|
|
|
|
|
|
30.
|
By Purchase of Fixed Assets
(specify)
|
|
|
|
|
|
|
31.
|
By Investments and Deposits:
|
|
|
|
|
|
|
31.1
|
By Investments
|
|
|
|
|
|
|
31.2
|
By Deposits
|
|
|
|
|
|
|
32.
|
By Security Deposits
|
|
|
|
|
|
|
33.
|
By Loans and Advances to:
|
|
|
|
|
|
|
33.1
|
By Employees:
|
|
|
|
|
|
|
33.1.1.
|
By Bearing Interest
|
|
|
|
|
|
|
33.1.2.
|
By Not bearing Interest
|
|
|
|
|
|
|
33.2.
|
By Suppliers/contractors
|
|
|
|
|
|
|
33.3.
|
By others (specify)
|
|
|
|
|
|
|
34.
|
By Repayment of loan
|
|
|
|
|
|
|
35.
|
By Others
|
|
|
|
|
|
|
35.1.
|
By Leave Salary and Pension
|
|
|
|
|
|
|
35.2.
|
Contribution
|
|
|
|
|
|
|
35.3.
|
By Audit Fee
|
|
|
|
|
|
|
35.4.
|
By Misc:
|
|
|
|
|
|
|
36.
|
By Balance carried down:
|
|
|
|
|
|
|
36.1
|
By Bank
|
|
|
|
|
|
|
36.2
|
By Cash in hand
|
|
|
|
Total
|
|
|
|
Total
|
|
|
|
Member(s)
(Signature)
|
|
|
|
Chairperson
|
|
(Signature)
|
Income and Expenditure
Account For the 1st April…………………to 31st March
(In
Rupees)
|
A/c Code
|
Expenditure
|
Current Year As on
|
Previous Year As on
|
A/c Code
|
Income
|
Current Year As on
|
Previous Year As On
|
|
37.
|
To Chairperson and Members
|
|
|
61.
|
By Fee, Charges and Fine
|
|
|
|
37.1.
|
To Pay and Allowances
|
|
|
61.1.
|
By Fee
|
|
|
|
37.2.
|
To Other benefits
|
|
|
61.2.
|
By Charges
|
|
|
|
37.3.
|
To Travelling Expenses
|
|
|
61.3.
|
By Fines
|
|
|
|
37.3.1.
|
To Overseas
|
|
|
61.4.
|
By Others (specify)
|
|
|
|
37.3.2.
|
To Domestic
|
|
|
62.
|
By Grants
|
|
|
|
38.
|
To Officers
|
|
|
62.1.
|
By Account with Government
|
|
|
|
38.1.
|
To Pay and Allowances
|
|
|
62.2.
|
By Others (Specify)
|
|
|
|
38.2.
|
To retirement Benefits
|
|
|
63.
|
By Gifts
|
|
|
|
38.3.
|
To Other Benefits
|
|
|
64.
|
By Seminars and Conferences
|
|
|
|
38.4.
|
To Travelling Expenses
|
|
|
65.
|
By Sale of Publications
|
|
|
|
38.4.1.
|
To Overseas
|
|
|
66.
|
By Income on investments and
Deposits
|
|
|
|
38.4.2.
|
To Domestic
|
|
|
66.1.
|
By Income on investments
|
|
|
|
39.
|
To Staff
|
|
|
66.2.
|
By Income on Deposits
|
|
|
|
39.1.
|
To Pay and Allowances
|
|
|
66.3.
|
By Interest on Loan and
Advances
|
|
|
|
39.2.
|
To Retirement Benefits
|
|
|
67.
|
By Miscellaneous Income
|
|
|
|
39.3.
|
To Other Benefits
|
|
|
67.1.
|
By Gain on Sales of Assets
|
|
|
|
39.4.
|
To Travelling expenses
|
|
|
67.2.
|
By Excess of expenditure
over
|
|
|
|
|
|
|
|
income
|
|
|
|
39.4.1.
|
To Overseas
|
|
|
67.3.
|
(Transferred to Capital Fund
Account)
|
|
|
|
39.4.2.
|
To Domestic
|
|
|
|
|
|
|
|
40.
|
To hire of Conveyance
|
|
|
|
|
|
|
|
41.
|
To Wages
|
|
|
|
|
|
|
|
42.
|
To Overtime
|
|
|
|
|
|
|
|
43.
|
To Honorarium
|
|
|
|
|
|
|
|
44.
|
To Other office expenses
|
|
|
|
|
|
|
|
45.
|
To expenditure on Research
|
|
|
|
|
|
|
|
46.
|
To Consultation expenses
|
|
|
|
|
|
|
|
47.
|
To Seminars and conferences
|
|
|
|
|
|
|
|
48.
|
To Publications of Real
Estate Regulatory Authority
|
|
|
|
|
|
|
|
49.
|
To Rent and Taxes
|
|
|
|
|
|
|
|
50.
|
To Interest on loans
|
|
|
|
|
|
|
|
51.
|
To Promotional Expenses
|
|
|
|
|
|
|
|
52.
|
To membership fee
|
|
|
|
|
|
|
|
53.
|
To Subscription
|
|
|
|
|
|
|
|
54.
|
To Others
|
|
|
|
|
|
|
|
54.1.
|
To Leave Salary and Pension
|
|
|
|
|
|
|
|
54.2.
|
Contribution
|
|
|
|
|
|
|
|
54.3.
|
To Audit Fee
|
|
|
|
|
|
|
|
54.4.
|
To Misc.
|
|
|
|
|
|
|
|
55.
|
To Depreciation
|
|
|
|
|
|
|
|
56.
|
To Loss on sale of assets
|
|
|
|
|
|
|
|
57.
|
To Bad Debts written off
|
|
|
|
|
|
|
|
58.
|
To Provision for bad &
doubtful debts
|
|
|
|
|
|
|
|
59.
|
To Excess of income over
Expenditure
|
|
|
|
|
|
|
|
60.
|
(Transferred to capital Fund
Account)
|
|
|
|
|
|
|
|
Total
|
|
|
|
Total
|
|
|
|
Member(s)
(Signature)
|
|
|
|
Chairperson
|
|
(Signature)
|
Balance Sheet as on 31st
March
(In
Rupees)
|
A/c Code
|
Liabilities
|
Current Year As on
|
Previous Year As on
|
A/c Code
|
Assets
|
Current Year As on
|
Previous Year As on
|
|
68.
|
Funds
|
|
|
72.
|
Fixed Assets
|
|
|
|
68.1
|
Capital Fund
|
|
|
72.1.
|
Gross Block at Cost
|
|
|
|
68.2
|
Add Excess of Income over
Expenditure/less excess of Expenditure over Income
|
|
|
72.2.
|
Less
Cumulative
depreciation
|
|
|
|
68.3
|
Other Funds (Specify)
|
|
|
72.3.
|
Net Block
|
|
|
|
69.
|
Reserves
|
|
|
73.
|
Capital Work-in-progress
|
|
|
|
70.
|
Loans
|
|
|
74.
|
Investments & Deposits
|
|
|
|
70.1
|
Government
|
|
|
74.1.
|
Investment
|
|
|
|
70.2
|
Others
|
|
|
74.2.
|
Deposits
|
|
|
|
71.
|
Current Liabilities and
provisions
|
|
|
75.
|
Loans and Advances
|
|
|
|
|
|
|
75.1.
|
Account with Government
|
|
|
|
|
|
|
76.
|
Sundry Debtors
|
|
|
|
|
|
|
77.
|
Cash and Bank Balances
|
|
|
|
|
|
|
78.
|
Other Current Assets
|
|
|
|
Total
|
|
|
|
Total
|
|
|
|
Accounting
Policies and Notes:
|
|
|
|
Member(s)
(Signature)
|
Chairperson
(Signature)
|
|
Form P
[See Rule 36]
Annual report to be prepared by Regulatory
Authority
Return on registration of
promoters and real estate agents
A.
In relation to Promoters:
|
Serial Number
|
Name of promoter
|
Address of promoter
|
Description of project for
which registration has been issued
|
Fee paid
|
Registration Number
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
|
Date of
issue of registration
|
Date on which registration
expires
|
Date of extension of
registration with period of extension
|
Remark
|
|
7
|
8
|
9
|
10
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B.
In relation to Real Estate Agents.
|
Serial Number
|
Name of Real Estate Agent
|
Address of Real Estate Agent
|
Registration Fee paid
|
Date of issue of
registration certificate
|
Date on which registration
certificate expires
|
Date and period of renewal
of registration certificate
|
Remark
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
II. Return on number of cases filed before the
regulatory authority and the adjudicating officer for settlement of disputes
and adjudicated upon.
|
Sl. No.
|
No. of Cases pending in the
last quarter with the regulatory authority
|
No. of Cases received during
the quarter by the regulatory authority
|
No. of Cases disposed of by
the regulatory authority
|
|
|
|
|
|
|
Sl. No.
|
No. of Cases pending in the
last quarter with the
|
No. of Cases received during
the quarter by the adjudicating
|
No. of Cases disposed of by
the adjudicating
|
|
adjudicating officer
|
officer
|
officer
|
|
|
|
|
|
III.
Statement on the periodical survey
conducted by the regulatory authority to monitor the compliance of the
provisions of the Act by the promoters, allottees and real estate agents.
|
Sl. No.
|
Survey conducted during the
quarter with details
|
Observation of Authority
|
Remedial steps taken
|
|
|
|
|
|
IV. Statement on steps taken to mitigate any
non-compliance of the provisions of the and the rules and regulations made
thereunder by the promoters, allottees and real estate agents.
|
Sl. No.
|
Subject
|
Steps taken
|
Results achieved
|
|
|
|
|
|
V. Statements on penalty imposed by the
regulatory authority for contraventions of the Act and directions of the
regulatory authority and adjudicating officer.
|
Sl. No.
|
Name of the promoter
|
Details of the directions
issued
|
Penalty imposed
|
Whether paid
|
|
|
|
|
|
|
|
Sl. No.
|
Name of the allottee
|
Details of the directions
issued
|
Penalty imposed
|
Whether paid
|
|
|
|
|
|
|
|
Sl. No.
|
Name of the real estate
agent
|
Details of the directions
issued
|
Penalty imposed
|
Whether paid
|
|
|
|
|
|
|
Awas Evam Shahriya
Niyojan Anubhag-3, Noti. No. 1438/VIII-3-16-65 Vividh-16, dated 27 October,
2016, published in the U.P. Gazette of India, Extra., Part 4, Section (Ka),
dated 27th October, 2016, pp. 1-42.