THE REAL ESTATE (REGULATION AND DEVELOPEMENT) ACT, 2016

          THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016


                               NO. 16 OF 2016

 


An Act to establish the Real Estate Regulatory Authority for regulation and
promotion of the real estate sector and to ensure sale of plot, apartment or
building, as the case may be, or sale of real estate project, in an efficient and
transparent manner and to protect the interest of consumers in the real estate
sector and to establish an adjudicating mechanism for speedy dispute redressal
and also to establish the Appellate Tribunal to hear appeals from the decisions,
directions or orders of the Real Estate Regulatory Authority and the adjudicating
officer and for matters connected therewith or incidental thereto.

 

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as
follows:-

 

                                           CHAPTER I

                                         PRELIMINARY

 

1. Short title,extent and commencement.

(1) This Act may be called the Real Estate (Regulation and Development) Act, 2016.


(2) It extends to the whole of India except the State of Jammu and Kashmir.


(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

 

2. Definitions

In this Act, unless the context otherwise requires,-

 

(a) "adjudicating officer" means the adjudicating officer appointed under
sub-section (1) of section 71;


(b) "advertisement" means any document described or issued as advertisement
through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate project, or offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes;


(c) "agreement for sale" means an agreement entered into between the promoter
and the allottee;


(d) "allottee" in relation to a real estate project, means the person to whom a plot,
apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent;


(e) "apartment" whether called block, chamber, dwelling unit, flat, office,
showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified;


(f) "Appellate Tribunal " means the Real Estate Appellate Tribunal established
under section 43;


(g) "appropriate Government" means in respect of matters relating to,-


(i) the Union territory without Legislature, the Central Government;


(ii) the Union territory of Puducherry, the Union territory Government;


(iii) the Union territory of Delhi, the Central Ministry of Urban Development;


(iv) the State, the State Government;


(h) "architect" means a person registered as an architect under the provisions of
the Architects Act, 1972;


(i) "Authority" means the Real Estate Regulatory Authority established under
sub-section (1) of section 20;


(j) "building" includes any structure or erection or part of a structure or erection
which is intended to be used for residential, commercial or for the purpose of any
business, occupation, profession or trade, or for any other related purposes;


(k) "carpet area" means the net usable floor area of an apartment, excluding the
area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.


Explanation.- For the purpose of this clause, the expression "exclusive balcony
or verandah area" means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee;


(l) "Chairperson" means the Chairperson of the Real Estate Regulatory Authority
appointed under section 21;


(m) "commencement certificate" means the commencement certificate or the
building permit or the construction permit, by whatever name called issued by the
competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan;


(n) "common areas" 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, fir escapes, and common
entrances and exits of buildings;


(iii) the common basements, terraces, parks, play areas, 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;


(viii) all other portion of the project necessary or convenient for its
maintenance, safety, etc., and in common use;


(o) "company" means a company incorporated and registered under the
Companies Act, 2013 and includes,-


(i) a corporation established by or under any Central Act or State Act;


(ii) a development authority or any public authority established by the
Government in this behalf under any law for the time being in force;


(p) "competent authority" means the local authority or any authority created or
established under any law for the time being in force by the appropriate Government which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property;


(q) "completion certificate" means the completion certificate, or such other
certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws;


(r) "day" means the working day, in the concerned State or Union territory, as the
case may be, notified by the appropriate Government from time to time;


(s) "development" with its grammatical variations and cognate expressions, means carrying out the development of immovable property, engineering or other operations in, on, over or under the land or the making of any material change in any immovable property or land and includes re-development;


(t) "development works" means the external development works and internal
development works on immovable property;


(u) "engineer" means a person who possesses a bachelor's degree or equivalent
from an institution recognised by the All India Council of Technical Education or any
University or any institution recognised under a law or is registered as an engineer
under any law for the time being in force;


(v) "estimated cost of real estate project" means the total cost involved in
developing the real estate project and includes the land cost, taxes, cess, development and other charges;


(w) "external development works" includes roads and road systems landscaping,
water supply, seweage and drainage systems, electricity suply transformer, sub-station, solid waste management and disposal or any other work which may have to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws;


(x) "family" includes husband, wife, minor son and unmarried daughter wholly
dependent on a person;


(y) "garage" means a place within a project having a roof and walls on three sides
for parking any vehicle, but does not include an unenclosed or uncovered parking
space such as open parking areas;


(z) "immovable property" includes land, buildings, rights of ways, lights or any
other benefit arising out of land and things attached to the earth or permanently
fastened to anything which is attached to the earth, but not standing timber, standing crops or grass;


(za) "interest" means the rates of interest payable by the promoter or the allottee,
as the case may be.


Explanation.-For the purpose of this clause-


(i) the rate of interest chargeable from the allottee by the promoter, in case
of default, shall be equal to the rate of interest which the promoter shall be liable
to pay the allottee, in case of default;


(ii) the interest payable by the promoter to the allottee shall be from the
date the promoter received the amount or any part thereof till the date the amount or part thereof and interest thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date the allottee defaults in payment to the promoter till the date it is paid;


(zb) "internal development works" means roads, footpaths, water supply, sewers,
drains, parks, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water, solid waste management and disposal, water conservation, energy management, fire protection and fire safety requirements, social infrastructure such as educational health and other public amenities or any other work in a project for its benefit, as per sanctioned plans;


(zc) "local authority" means the Municipal Corporation or Municipality or
Panchayats or any other Local Body constituted under any law for the time being in
force for providing municipal services or basic services, as the case may be, in respect of areas under its jurisdication;



(zd) "Member" means the member of the Real Estate Regulatory Authority
appointed under section 21 and includes the Chaiperson;


(ze) "notification" means a notification published in the Official Gazette and the
expression "notify" shall be construed accordingly;


(zf) "occupancy certificate" means the occupancy certificate, or such other
certificate by whatever name called, issued by the competent authority permitting
occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity;


(zg) "Person" includes,-


(i) an individual;


(ii) a Hindu undivided family;


(iii) a company;


(iv) a firm under the Indian Partnership Act, 1932 or the Limited Liability
Partnership Act, 2008, as the case may be;


(v) a competent authority;


(vi) an association of persons or a body of individuals whether incorporated
or not;


(vii) a co-operative society registered under any law relating to co-operative
societies;


(viii) any such other entity as the appropriate Government may, by
notification, specify in this behalf;


(zh) "planning area" means a planning area or a development area or a local
planning area or a regional development plan area, by whatever name called, or any other area specified as such by the appropriate Government or any competent authority and includes any area designated by the appropriate Government or the competent authority to be a planning area for future planned development, under the law relating to Town and Country Planning for the time being in force and as revised from time to time;


(zi) "prescribed" means prescribed by rules made under this Act;


(zj) "project" means the real estate project as defined in cluase (zn);


(zk) "promoter" means,-


(i) a person who constructs or causes to be constructed an independent
building or a building consisting of apartments, or converts an existing building
or a part thereof into apartments, for the purpose of selling all or some of the
apartments to other persons and includes his assignees; or


(ii) a person who develops land into a project, whether or not the person
also constructs structures on any of the plots, for the purpose of selling to other
persons all or some of the plots in the said project, whether with or without
structures thereon; or


(iii) any development authority or any other public body in respect of
allottees of-


(a) buildings or apartments, as the case may be, constructed by
such authority or body on lands owned by them or placed at their disposal
by the Government; or

(b) plots owned by such authority or body or placed at their disposal
by the Government, for the purpose of selling all or some of the apartments or plots; or


(iv) an apex State level co-operative housing finance society and a primary
co-operative housing society which constructs apartments or buildings for its
Members or in respect of the allottees of such apartments or buildings; or


(v) any other person who acts himself as a builder, coloniser, contractor,
developer, estate developer or by any other name or claims to be acting as the
holder of a power of attorney from the owner of the land on which the building or
apartment is constructed or plot is developed for sale; or


(vi) such other person who constructs any building or apartment for sale
to the general public.


Explanation.-For the purposes of this clause, where the person who
constructs or converts a building into apartments or develops a plot for sale and
the persons who sells apartments or plots are different persons, both of them
shall be deemed to be the promoters and shall be jointly liable as such for the
functions and responsibilities specified, under this Act or the rules and
regulations made thereunder;


(zl) "prospectus" means any document described or issued as a prospectus or
any notice, circular, or other document offering for sale or any real estate project or
inviting any person to make advances or deposits for such purposes;


(zm) "real estate agent" means any person, who negotiates or acts on behalf of
one person in a transaction of transfer of his plot, apartment or building, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him and receives remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be, and includes property dealers, brokers, middlemen by whatever name called;


(zn) "real estate project" means the development of a building or a building
consisting of apartments, or converting an existing building or a part thereof into
apartments, or the development of land into plots or apartment, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, all improvements and structures thereon, and all easement, rights and appurtenances belonging thereto;


(zo) "regulations" means the regulations made by the Authority under this Act;


(zp) "rule" means the rules made under this Act by the appropriate Government;


(zq) "sanctioned plan" means the site plan, building plan, service plan, parking
and circulation plan, landscape plan, layout plan, zoning plan and such other plan and includes structural designs, if applicable, permissions such as environment permission and such other permissions, which are approved by the competent authority prior to start of a real estate project;


(zr) words and expressions used herein but not defined in this Act and defined in
any law for the time being in force or in the municipal laws or such other relevant laws of the appropriate Government shall have the same meanings respectively assigned to them in those laws.

 

                                            CHAPTER II

REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS

 

3. Prior registration of Real Estate Project with Real Estate Regulatory Authority.

(1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act:


Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:


Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration.


(2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required-


(a) where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases:


Provided that, if the appropriate Government considers it necessary, it may,
reduce the threshold below five hundred square meters or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act;


(b) where the promoter has received completion certificate for a real estate project
prior to commencement of this Act;


(c) for the purpose of renovation or repair or re-development which does not
involve marketing, advertising selling or new allotment of any apartment, plot or
building, as the case may be, under the real estate project.


Explanation.-For the purpose of this section, where the real estate project is to
be developed in phases, every such phase shall be considered a stand alone real estate project, and the promoter shall obtain registration under this Act for each phase separately.

 

4. Application for registration of Real Estate Projects.

 

(1) Every promoter shall make an application to the Authority for registration of the real estate project in such form, manner, within such time and accompanied by such fee as may be specified by the regulations made by the Authority.


(2) The promoter shall enclose the following documents along with the application
referred to in sub-section (1), namely:-


(a) a brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies, competent authority), and the particulars of registration, and the names and photographs of the promoter;


(b) a brief detail of the projects launched by him, in the past 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;

(c) 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;


(d) 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;


(e) 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;


(f) 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;


(g) proforma of the allotment letter, agreement for sale, and the conveyance deed
proposed to be signed with the allottees;


(h) 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;


(i) the number and areas of garage for sale in the project;


(j) the names and addresses of his real estate agents, if any, for the proposed
project;


(k) the names and addresses of the contractors, architect, structural engineer, if
any and other persons concerned with the development of the proposed project;


(l) a declaration, supported by an affidavit, which shall be signed by the promoter
or any person authorised by the promoter, stating:-


(A) that he has a legal title to the land on which the development is proposed
along with legally valid documents with authentication of such title, if such land
is owned by another person;


(B) that the land is free from all encumbrances, or as the case may be
details of the encumbrances on such land including any rights, title, interest or
name of any party in or over such land along with details;


(C) the time period within which he undertakes to complete the project or
phase thereof, as the case may be;


(D) that seventy per cent. of the amounts realised 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:


Provided that the promoter shall withdraw the amounts from the separate
account, to cover the cost of the project, in proportion to the percentage of
completion of the project:


Provided further that the amounts from the separate account shall be
withdrawn by the promoter 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:


Provided also that the promoter shall get his 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.


Explanation.- For the purpose of this clause, the term "schedule bank"
means a bank included in the Second Schduled to the Reserve Bank of India
Act, 1934;


(E) that he shall take all the pending approvals on time, from the competent
authorities;


(F) that he has furnished such other documents as may be prescribed by
the rules or regulations made under this Act; and


(m) such other information and documents as may be prescribed.


(3) The Authority shall operationalise a web based online system for submitting
applications for registration of projects within a period of one year from the date of its establishment.

 

5. Grant of Registration.

(1) On recipt of the application under sub-section (1) of section 4, the Authority
shall within a period of thirty days.


(a) grant registration subject to the provisions of this Act and the rules and
regulations made thereunder, and provide a registration number, including a Login Id and password to the applicant for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project; or


(b) reject the application for reasons to be recorded in writing,if such application
does not conform to the provisions of this Act or the rules or regulations made
thereunder:


Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter.


(2) If the Authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the project shall be deemed to have been registered, and the Authority shall within a period of seven days of the expiry of the said period of thirty days specified under sub-section (1), provide a registration number and a Login Id and password to the promoter for accessing the website of the Authority and to create his web page and to fill therein the details of the proposed project.


(3) The registration granted under this section shall be valid for a period declared by the promoter under sub-clause (C) of clause (1) of sub-section (2) of section 4 for completion of the project or phase thereof, as the case may be.

 

6. Extension of registration.

 

The registration granted under section 5 may be extended by the Authority on an
application made by the promoter due to force majeure, in such form and on payment of such fee as may be specified by regulations made by the Authority:
Provided that the Authority may in reasonable circumstances, without default on the part of the promoter, based on the facts of each case, and for reasons to be recorded in writing, extend the registration granted to a project for such time as it considers necessary, which shall, in aggregate, not exceed a period of one year:


Provided further that no application for extension of registration shall be rejected
unless the applicant has been given an opportunity of being heard in the matter.
Explanation.- For the purpose of this section, the expression "force majeure" shall
mean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project.

 

7. Revocation of registration.

 

(1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that-


(a) the promoter makes default in doing anything required by or under this Act or
the rules or the regulations made thereunder;


(b) the promoter violates any of the terms or conditions of the approval given by
the competent authority;


(c) the promoter is involved in any kind of unfair practice or irregularities.


Explanation.-For the purposes of this clause, the term "unfair practice means" a
practice which, for the purpose of promoting the sale or development of any real estate project adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:-


(A) the practice of making any statement, whether in writing or by visible
representation which,-


(i) falsely represents that the services are of a particular standard or grade;


(ii) represents that the promoter has approval or affiliation which such
promoter does not have;


(iii) makes a false or misleading representation concerning the services;


(B) the promoter permits the publication of any advertisement or prospectus
whether in any newspaper or otherwise of services that are not intended to be offered;


(d) the promoter indulges in any fraudulent practices.


(2) The registration granted to the promoter under section 5 shall not be revoked
unless the Authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registraton, and has considered any cause shown by the promoter within the period of that notice against the proposed revocation.


(3) The Authority may, instead of revoking the registration under sub-section (1),
permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter.


(4) The Authority, upon the revocation of the registration,-


(a) shall debar the promoter from accessing its website in relation to that project
and specify his name in the list of defaulters and display his photograph on its website and also inform the other Real Estate Regulatory Authority in other States and Union territories about such revocation or registration;


(b) shall facilitate the remaining development works to be carried out in accordance with the provisions of section 8;


(c) shall direct the bank holding the project back account, specified under subclause (D) of clause (I) of sub-section (2) of section 4, to freeze the account, and thereafter take such further necessary actions, including consequent de-freezing of the said account, towards facilitating the remaining development works in accordance with the provisions of section 8;


(d) may, to protect the interest of allottees or in the public interest, issue such
directions as it may deem necessary.

 

8. Obligation of Authority consequent upon lapse of or on revocation of registration.

 

Upon lapse of the registration or on revocation of the registration under this Act, theAuthority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority:


Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act:


Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works.

 

9. Registration of Real estate agents.

 

(1) No real estate agent shall facilitate the sale or purchase of or act on behalf of anyperson to 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 the part of the real estate project registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section.


(2) Every real estate agent shall make an application to the Authority for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed.


(3) The Authority shall, within such period, in such manner and upon satisfying itself of the fulfillment of such conditions, as may be prescribed-


(a) grant a single registration to the real estate agent for the entire State of Union
territory, as the case may be;


(b) reject the application for reasons to be recorded in writing, if such application
does not conform to the provisions of the Act or the rules or regulations made
thereunder:


Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter.


(4) Whereon the completion of the period specified under sub-section (3), if the
applicant does not receive any communication about the deficiencies in his application or the rejection of his application, he shall be deemed to have been registered.


(5) Every real estate agent who is registered as per the provisions of this Act or the
rules and regulations made thereunder, shall be granted a registration number by the Authority, which shall be quoted by the real estate agent in every sale facilitated by him under this Act.


(6) Every registration shall be valid for such period as may be prescribed, and shall be renewable for a period in such manner and on payment of such fee as may be prescribed.


(7) Where any real estate agent who has been granted registration under this Act
commits breach of any of the conditions thereof or any other terms and conditions specified under this Act or any rules or regulations made thereunder, or where the Authority is satisified that such registration has been secured by the real estate agent through misrepresentation or fraud, the Authority may, without prejudice to any other provisions under this Act, revoke the registration or suspend the same for such period as it thinks fit:


Provided that no such revocation or suspension shall be made by the Authority unless an opportunity of being heard has been given to the real estate agent.

 

10. Functions of Real Estate Agents.

 

Every real estate agent registered under section 9 shall-

 

(a) 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 in any planning area, which is not registered with the Authority;

(b) maintain and preserve such books of account, records and documents as
may prescribed;


(c) not involve himself in any unfair trade practices, namely:-


(i) the practice of making any statement, whether orally or in writing or by
visible representation which-


(A) falsely represents that the services are of a particular standard or
grade;


(B) represents that the promoter or himself has approval or affiliation
which such promoter or himself does not have;


(C) makes a false or misleading representation concerning the
services;


(ii) permitting the publication of any advertisement whether in any
newspaper or otherwise of services that are not intended to be offered.


(d) facilitate the possession of all the information and documents, as the allottee,
is entitled to, at the time of booking of any plot, apartment or building, as the case may be;


(e) discharge such other functions as may be prescribed.

 

                                  CHAPTER III

              FUNCTIONS AND DUTIES OF PROMOTER

 


11. FUNCTIONS AND DUTIES OF PROMOTER.

(1) The promoter shall, upon receiving his Login Id and password under clause (a)
of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web page on the website of the Authority and enter all details of the proposed project as provided under sub-section (2) of section 4, in all the fields as provided, for public viewing, including-


(a) details of the registration granted by the Authority;


(b) quarterly up-to-date the list of number and types of apartments or plots, as
the case may be, booked;


(c) quarterly up-to-date the list of number of garages booked;


(d) quarterly up-to-date the list of approvals taken and the approvals which are
pending subsequent to commencement certificate;


(e) quarterly up-to-date status of the project; and


(f) such other information and documents as may be specified by the regulations
made by the Authority.


(2) The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto.


(3) The promoter at the time of the booking and issue of allotment letter shall be
responsible to make available to the allottee, the following information, namely:-
(a) sanctioned plans, layout plans, along with specifications, approved by the
competent authority, by display at the site or such other place as may be specified by the regulations made by the Authority;


(b) the stage wise time schedule of completion of the project, including the
provisions for civic infrastructure like water, sanitation and electricity.

(4) The promoter shall-


(a) be responsible for all obligations, responsibilties and functions under the
provisions of this Act or the rules and regulations made thereunder or to the allottees as per the agreement for sale, or to the association of allottees, as the case may be, till the conveyance of all the apartments, plots or buildings, as the case may be, to the allottees, or the common areas to the association of allottees or the competent authority, as the case may be:


Provided that the responsibility of the promoter, with respect to the structural
defect or any other defect for such period as is referred to in sub-section (3) of
section 14, shall continue even after the conveyance deed of all the apartments, plots or buildings, as the case may be, to the allottees are executed.


(b) be responsible to obtain the completion certificate or the occupancy certificate,
or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be;


(c) be responsible to obtain the lease certificate, where the real estate project is
developed on a leasehold land, specifying the period of lease, and certifying that all dues and charges in regard to the leasehold land has been paid, and to make the lease certificate available to the association of allottees;


(d) be responsible for providing and maintaining the essential services, on
reasonable charges, till the taking over of the maintenance of the project by the
association of the allottees;


(e) enable the formation of an association or society or co-operative society, as
the case may be, of the allottees, or a federation of the same, under the laws applicable:


Provided that in the absence of local laws, the association of allottees, by
whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building, as the case may be, in the project;


(f) execute a registered conveyance deed of the apartment, plot or building, as
the case may be, in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as the case may be, as provided under section 17 of this Act;


(g) pay all outgoings until he transfers the physical possession of the real estate
project to the allottee or the associations of allottees, as the case may be, which he has collected from the allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project):


Provided that where any promoter fails to pay all or any of the outgoings collected
by him from the allottees or any liability, mortgage loan and interest thereon before transferring the real estate project to such allottees, or the association of the allottees, as the case may be, the promoter shall continue to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person;


(h) after he executes an agreement for sale for any apartment, plot or building, as the case may be, not mortgage or create a charge on such apartment, plot or building, as the case may be, and if any such mortgage or charge is made or created then

notwithstanding anything contained in any other law for the time being in force, it shall not affect the right and interest of the allottee who has taken or agreed to take such apartment, plot or building, as the case may be;


(5) The promoter may cancel the allotment only in terms of the agreement for sale:


Provided that the allottee may approach the Authority for relief, if he is aggrieved by such cancellation and such cancellation is not in accordance with the terms of the agreement for sale, unilateral and without any sufficient cause.


(6) The promoter shall prepare and maintain all such other details as may be specified, from time to time, by regulations made by the Authority.

 

12. Obligations of Promoter regarding veracity of the advertisement or prospectus.

 

Where any person makes an advance or a deposit on the basis of the information
contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this Act:


Provided that if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, or the model apartment, plot or building, as the case may be, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed and the compensation in the manner provided under this Act.

 

13. No deposit or advance to be taken by promoter without fisrt entering into agreemnt for sale.

(1) A promoter shall not accept a sum more than ten per cent of the cost of the
apartment, plot, or building as the case may be, as an advance payment or an application fee, from a person without first entering into a written agreement for sale with such person and register the said agreement for sale, under any law for the time being in force.


(2) The agreement for sale referred to in sub-section (1) shall be in such form as may be prescribed and shall specify the particulars of development of the project including the construction of building and apartments, along with specifications and internal development works and external development works, the dates and the manner by which payments towards the cost of the apartment, plot or building, as the case may be, are to be made by the allottees and the date on which the possession of the apartment, plot or building is to be handed over, the rates of interest payable by the promoter to the allottee and the allottee to the promoter
in case of default, and such other particulars, as may be prescribed.

 

14. Adherence to sanctioned plans and project specifications by the promoter.

 

(1) The proposed project shall be developed and completed by the promoter in
accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities.


(2) Notwithstanding anything contained in any law, contract or agreement, after the
sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, plot or building, as the case may be, as approved by the competent authority, are disclosed or furnished to the person who agree to take one or more of the said apartment, plot or building, as the case may be, the promoter shall not make-


(i) any additions and alterations in the sanctioned plans, layout plans and
specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, which are agreed to be taken, without the previous consent of that person:


Provided that the promoter may make such minor additions or alterations as may be required by the allottee, or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by an authorised Architect or Engineer after proper declaration and intimation to the allottee.

 

Explanation.-For the purpose of this clause, "minor additions or alterations" excludes structural change including an addition to the area or change in height, or the removal of part of a building, or any change to the structure, such as the construction or removal or cutting into of any wall or a part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of access ingress or egress or a change to the fixtures or equipment, etc.


(ii) any other alterations or additions in the sanctioned plans, layout plans and
specifications of the buildings or the common areas within the project without the
previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building.


Explanation.-For the purpose of this clause, the allottees, irrespective of the number of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, etc., by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only.


(3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to
receive appropriate compensation in the manner as provided under this Act.

 

15. Obligations of Promoter in case of transfer of a real estate project to a third party.

(1) The promoter shall not transfer or assign his majority rights and liabilities in
respect of a real estate project to a third party without obtaining prior written consent from  two-third allottees, except the promoter, and without the prior written approval of the Authority:


Provided that such transfer or assignment shall not affect the allotment or sale of the apartments, plots or buildings as the case may be, in the real estate project made by the erstwhile promoter.


Explanation.-For the purpose of this sub-section, the allottee, irrespective of the
number of apartments or plots, as the case may be, booked by him or booked in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, by whatever name called, booked in its name or booked in the name of its associated entities or related enterprises, shall be considered as one allottee only.


(2) On the transfer or assignment being permitted by the allottees and the Authority under sub-section (1), the intending promoter shall be required to independently comply with all the pending obligations under the provisions of this Act or the rules and regulations made thereunder, and the pending obligations as per the agreement for sale entered into by the erstwhile promoter with the allottees:


Provided that any transfer or assignment permitted under provisions of this section
shall not result in extension of time to the intending promoter to complete the real estate project and he shall be required to comply with all the pending obligations of the erstwhile promoter, and in case of default, such intending promoter shall be liable to the consequences of breach or delay, as the case may be, as provided under this Act or the rules and regulations made thereunder.

 

16. Obligations of Promoter regarding insurance of real estate project.

 

(1) The promoter shall obtain all such insurances as may be notified by the
appropriate Government, including but not limited to insurance in respect of -


(i) title of the land and building as a part of the real estate project; and

(2) The promoter shall be liable to pay the premium and charges in respect of the
insurance specified in sub-section (1) and shall pay the same before transferring the insurance to the association of the allottees.


(3) The insurance as specified under sub-section (1) shall stand transferred to the
benefit of the allottee or the association of allottees, as the case may be, at the time of promoter entering into an agreement for sale with the allottee.


(4) On formation of the association of the allottees, all documents relating to the
insurance specified under sub-section (1) shall be handed over to the association of the allottees.


(ii) construction of the real estate project.

 

17. Transfer of Title.

(1) The promoter shall execute a registered conveyance deed in favour of the
allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment of building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws:


Provided that, in the absence of any local law, conveyance deed in favour of the
allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate.


(2) After obtaining the occupancy certificate and handing over physical possession to the allottees in terms of sub-section (1), it shall be the responsibility of the promoter to handover the necessary documents and plans, including common areas, to the association of the allottees or the competent authority, as the case may be, as per the local laws:


Provided that, in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, the association of the allottees or the competent authority, as the case may be, within thirty days after obtaining the occupancy certificate.

 

18. Return of amount and compensation.

(1) If the promoter fails to complete or is unable to give possession of an apartment, plot or building,-


(a) in accordance with the terms of the agreement for sale or, as the case may be,
duly completed by the date specified therein; or


(b) due to discontinuance of his business as a developer on account of suspension
or revocation of the registration under this Act or for any other reason,
he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act:


Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.


(2) The promoter shall compensate the allottees in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under this Act, and the claim for compensation under this subsection shall not be barred by limitation provided under any law for the time being in force.

 

(3) If the promoter fails to discharge any other obligations imposed on him under this Act or the rules or regulations made thereunder or in accordance with the terms and conditions of the agreement for sale, he shall be liable to pay such compensation to the allottees, in the manner as provided under this Act.

 

                                      CHAPTER IV

                        RIGHTS AND DUTIES OF ALLOTTEES

 

19. Rights and Duties of Allottees.

(1) The allottee shall be entitled to obtain the information relating to sanctioned
plans, layout plans along with the specifications, approved by the competent authority and such other information as provided in this Act or the rules and regulations made thereunder or the agreement for sale signed with the promoter.


(2) The allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale.


(3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub-clause (C) of clause (I) of sub-section (2) of section 4.


(4) The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act or the rules or regulations made thereunder.


(5) The allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as the case may be, by the promoter.


(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any.


(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6).


(8) The obligations of the allottee under sub-section (6) and the liability towards
interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee.


(9) Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same.


(10) Every allottee shall take physical possession of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or building, as the case may be.


(11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be, as provided under sub-section (1) of section 17 of this Act.

 

                                              CHAPTER V

                  THE REAL ESTATE REGULATORY AUTHORITY

 

20. Establishment and incorporation of Real Estate Regulatory Authority.

(1) The appropriate Government shall, within a period of one year from the date of
coming into force of this Act, by notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the powers conferred on it and to perform the functions assigned to it under this Act:


Provided that the appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Authority:


Provided further that, the appropriate Government may, if it deems fit, establish more than one Authority in a State or Union territory, as the case may be:


Provided also that until the establishment of a Regulatory Authority under this section, the appropriate Government shall, by order, designate any Regulatory Authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority for the purposes under this Act:


Provided also that after the establishment of the Regulatory Authority, all applications, complaints or cases pending with the Regulatory Authority designated, shall stand transferred to the Regulatory Authority so established and shall be heard from the stage such applications, complaints or cases are transferred.


(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with the power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

 

21. Composition of Authority.

The Authority shall consist of a Chairperson and not less than two whole time
Members to be appointed by the appropriate Government.

 

22. Qualifications of chairperson and members of Authority.

The Chairperson and other Members of the Authority shall be appointed by the
appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department dealing with Housing and the Law Secretary, in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at-least twenty years in case of the Chairperson and fifteen years in the case of the Members in urban development, housing, real estate development, infrastructure, economics, technical experts from relevant
fields, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration:


Provided that a person who is, or has been, in the service of the State Government shall not be appointed as a Chairperson unless such person has held the post of Additional Secretary to the Central Government or any equivalent post in the Central Government or State Government:


Provided further that a person who is, or has been, in the service of the State Government shall not be appointed as a member unless such person has held the post of Secretary to the State Government or any equivalent post in the State Government or Central Government.

 

23. Term of office of chairperson and members.

(1) The Chairperson and Members shall hold office for a term not exceeding five
years from the date on which they enter upon their office, or until they attain the age of sixtyfive years, whichever is earlier and shall not be eligible for re-appointment.


(2) Before appointing any person as a Chairperson or Member, the appropriate
Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such Member.

 

24. Salary and allowances payable to chairperson and members.

(1) The salary and allowances payable to, and the other terms and conditions of
service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure.

(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 23, the Chairperson or a Member, as the case may be, may,-


(a) relinquish his office by giving in writing, to the appropriate Government,
notice of not less than three months; or


(b) be removed from his office in accordance with the provisions of section 26 of
this Act.


(3) Any vacancy caused to the office of the Chairperson or any other Member shall be filled-up within a period of three months from the date on which such vacancy occurs.

 

25. Administrative powers of chairperson.

The Chairperson shall have powers of general superintendence and directions in
the conduct of the affairs of Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such administrative powers and functions of the Authority as may be prescribed.

 

26. Removal of chairperson and members from office in certain circumstances.

(1) The appropriate Government may, in accordance with the procedure notified,
remove from office the Chairperson or other Members, if the Chairperson or such other Member, as the case may be,-


(a) has been adjudged as an insolvent; or


(b) has been convicted of an offence, involving moral turpitude; or


(c) has become physically or mentally incapable of acting as a Member; or


(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions; or


(e) has so abused his position as to render his continuance in office prejudicial
to the public interest.


(2) The Chairperson or Member shall not be removed from his office on the ground specified under clause (d) or clause (e) of sub-section (1) except by an order made by the appropriate Government after an inquiry made by a Judge of the High Court in which such Chairperson or Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

 

27. Restrictions on chairperson or members on employement after cessation of office.

(1) The Chairperson or a Member, ceasing to hold office as such, shall not-


(a) accept any employment in, or connected with, the management or
administration of, any person or organisation which has been associated with any
work under this Act, from the date on which he ceases to hold office:
Provided that nothing contained in this clause shall apply to any employment
under the appropriate Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or provincial Act or a
Government Company, as defined under clause (45) of section 2 of the Companies Act, 2013, which is not a promoter as per the provisions of this Act;


(b) act, for or on behalf of any person or organisation in connection with any
specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or such Member had, before cessation of office, acted for or provided advice to, the Authority;


(c) give advice to any person using information which was obtained in his
capacity as the Chairperson or a Member and being unavailable to or not being able to be made available to the public;


(d) enter into a contract of service with, or accept an appointment to a borad of
directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such.


(2) The Chairperson and Members shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as such.

 

28. Officers and other employees of Authority.

(1) The appropriate Government may, in consultation with the Authority appoint
such officers and employees as it considers necessary for the efficient discharge of their functions under this Act who would discharge their functions under the general
superintendence of the Chairperson.

(2) The salary and allowances payable to, and the other terms and conditions of
service of, the officers and of the employees of the Authority appointed under sub-section (1) shall be such as may be prescribed.

 

29. Meetings of Authority.

(1) The Authority shall meet at such places and times, and shall follow such rules
of procedure in regard to the transaction of business at its meetings, (including quorum at such meetings), as may be specified by the regulations made by the Authority.


(2) If the Chairperson for any reason, is unable to attend a meeting of the Authority, any other Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting.


(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote.


(4) The questions which come up before the Authority shall be dealt with as
expeditiously as possible and the Authority shall dispose of the same within a period of sixty days from the date of receipt of the application:
Provided that where any such application could not be disposed of within the said
period of sixty days, the Authority shall record its reasons in writing for not disposing of the application within that period.

 

30.Vacancies or etc.not to invalidate proceeding of Authority.

No act or proceeding of the Authority shall be invalid merely by reason of-


(a) any vacancy in, or any defect in the constitution of, the Authority; or


(b) any defect in the appointment of a person acting as a Member of the
Authority; or


(c) any irregularity in the procedure of the Authority not affecting the merits of
the case.

 

31. Filing of complaints with the authority or the adjudicating officer.

(1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter allottee or real estate agent, as the cae may be.


Explanation.-For the purpose of this sub-section "person" shall include the
association of allottees or any voluntary consumer association registered under any law for the time being in force.


(2) The form, manner and fees for filing complaint under sub-section (1) shall be such as may be specified by regulations.

 

32.Functions of authority for promotion of real estate sector.

The Authority shall in order to facilitate the growth and promotion of a healthy,
transparent, efficient and competitive real estate sector make recommendations to the appropriate Government of the competent authority, as the case may be, on,-


(a) protection of interest of the allottees, promoter and real estate agent;


(b) creation of a single window system for ensuring time bound project approvals
and clearances for timely completion of the project;


(c) creation of a transparent and robust grievance redressal mechanism against
acts of ommission and commission of competent authorities and their officials;


(d) measures to encourage investment in the real estate sector including measures to increase financial assistance to affordable housing segment;


(e) measures to encourage construction of environmentally sustainable and
affordable housing, promoting standardisation and use of appropriate construction
materials, fixtures, fittings and construction techniques;


(f) measures to encourage grading of projects on various parameters of
development including grading of promoters;

(g) measures to facilitate amicable conciliation of disputes between the promoters
and the allottees through dispute settlement forums set up by the consumer or promoter associations;


(h) measures to facilitate digitization of land records and system towards
conclusive property titles with title guarantee;


(i) to render advice to the appropriate Government in matters relating to the
development of real estate sector;


(j) any other issue that the Authority may think necessary for the promotion of
the real estate sector.

 

33. Advocacy and awareness measures.

(1) The appropriate Government may, while formulating a policy on real estate
sector (including review of laws related to real estate sector) or any other matter, make a reference to the Authority for its opinion on possible effect, of such policy or law on real estate sector and on the receipt of such a reference, the Authority shall within a period of sixty days of making such reference, give its opinion to the appropriate Government which may therafter take further action as it deems fit.


(2) The opinion given by the Authority under sub-section (1) shall not be binding
upon the appropriate Government in formulating such policy or laws.


(3) The Authority shall take suitable measures for the promotion of advocacy, creating awareness and imparting training about laws relating to real estate sector and policies.

 

34. Functions of Authority.

The functions of the Authority shall include-
(a) to register and regulate real estate projects and real estate agents registered
under this Act;


(b) to publish and maintain a website of records, for public viewing, of all real
estate projects for which registration has been given, with such details as may be
prescribed, including information provided in the application for which registration
has been granted;


(c) to maintain a database, on its website, for public viewing, and enter the names
and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons therefor, for access to the general public;


(d) to maintain a database, on its website, for public viewing, and enter the
names and photograhps of real estate agents who have applied and registered under this Act, with such details as may be prescribed, including those whose registration has been rejected or revoked;


(e) to fix through regulations for each areas under its jurisdiction the standard
fees to be levied on the allottees or the promoter or the real estate agent, as the case may be.

(f) to ensure compliance of the obligations cast upon the promoters, the allottees
and the real estate agents under this Act and the rules and regulations made thereunder;


(g) to ensure compliance of its regulations or orders or directions made in exercise
of its powers under this Act;


(h) to perform such other functions as may be entrusted to the Authority by the
appropriate Government as may be necessary to carry out the provisions of this Act.

 

35.Powers of the Authority to call for information,conduct investigtion.

 

(1) Where the Authority considers it expedient to do so, on a complaint or suo motu, relating to this Act or the rules of regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be.

(2) Notwithstanding anything contained in any other law for the time being in force,
while exercising the powers under sub-section (1), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-


(i) the discovery and production of books of account and other documents, at
such place and at such time as may be specified by the Authority;


(ii) summoning and enforcing the attendance of persons and examining them on
oath;


(iii) issuing commissions for the examination of witnesses or documents;


(iv) any other matter which may be perscribed.

 

36. Power to issue interim orders.

 

Where during an inquiry, the Authority is satisfied that an act in contravention of
this Act, or the rules and regulations made thereunder, has been committed and continues to be committed or that such act is about to be committed, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry of until further orders, without giving notice to such party, where the Authority deems it necessary.

 

37. Powers of Authority to issue directions.

The Authority may, for the purpose of discharging its functions under the provisions of this Act or rules or regulations made thereunder, issue such directions from time to time, to the promoters or allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concerned.

 

38. Powers of Authority

(1) The Authority shall have powers to impose penalty or interest, in regard to any
contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules and the regulations made thereunder.


(2) The Authority shall be guided by the principles of natural justice and, subject to the other provisions of this Act and the rules made thereunder, the Authority shall have powers to regulate its own procedure.


(3) Where an issue is raised relating to agreement, action, omission, practice or
procedure that-


(a) has an appreciable prevention, restriction or distortion of competition in
connection with the development of a real estate project; or


(b) has effect of market power of monopoly situation being abused for affecting
interest of allottees adversely, then the Authority, may suo motu, make reference in respect of such issue to the Competition Commission of India.

 

39. Rectifiction of Orders.

The Authority may, at any time within a period of two years from the date of the
order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties:


Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act:


Provided further that the Authority shall not, while rectifying any mistake apparent
from record, amend substantive part of its order passed under the provisions of this Act.

 

40. Recovery of Interest or penalty or compensation and enforcement of order etc.

(1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regualtions made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue.


(2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed.

 

 

                                         CHAPTER VI

                             CENTRAL ADVISORY COUNCIL

 

41. Establishment of Central Advisory Council

 

(1) The Central Government may, by notification, establish with effect from such
date as it may specify in such notification, a Council to be known as the Central Advisory Council.


(2) The Minister to the Government of India in charge of the Ministry of the Central
Government dealing with Housing shall be the ex officio Chairperson of the Central Advisory Council.


(3) The Central Advisory Council shall consist of representatives of the Ministry of
Finance, Ministry of Industry and Commerce, Ministry of Urban Development, Minsitry of Consumer Affairs, Minstry of Corporate Affairs, Ministry of Law and Justice, Niti Aayog, National Housing Bank, Housing and Urban Development Corporation, five representatives of State Governments to be selected by rotation, five representatives of the Real Estate Regulatory Authorities to be selected by rotation, and any other Central Government department as notified.


(4) The Central Advisory Council shall also consist of not more than ten members to represent the interests of real estate industry, consumers, real estate agents, construction labourers, non-governmental organisations and academic and research bodies in the real estate sector.

 

42.Functions of Central Advisory Council.

 

(1) The functions of the Central Advisory Council shall be to advise and recommend the Central Government,-


(a) on all matters concerning the implementation of this Act;


(b) on major questions of policy;


(c) towards protection of consumer interest;


(d) to foster the growth and development of the real estate sector;


(e) on any other matter as may be assigned to it by the Central Government.


(2) The Central Government may specify the rules to give effect to the recommendations of the Central Advisory Council on matters as provided under sub-section (1).

 

                                          CHAPTER VII

                      THE REAL ESTATE APPELLATE TRIBUNAL

 

43. Establishment of Real Estate Appellate Tribunal.

(1) The appropriate Government shall, within a period of one year from the date of
coming into force of this Act, by notification, establish an Appellate Tribunal to be known as the - (name of the State/Union territory) Real Estate Appellate Tribunal.


(2) The appropriate Government may, if it deems necessary, establish one or more benches of the Appellate Tribunal, for various jurisdictions, in the State or Union territory, as the case may be.


(3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one Administrative to Technical Member.


(4) The appropriate Government of two or more Staes or Union territories may, if it
deems fit, establish one single Appellate Tribunal:


Provided that, until the establishment of an Appellate Tribunal under this section, the appropriate Government shall designate, by order, any Appellate Tribunal Functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act:


Provided further that after the Appellate Tribunal under this section is established, all matters pending with the Appellate Tribunal designated to hear appeals, shall stand transferred to the Appellate Tribunal so established and shall be heard from the stage such appeal is transferred.


(5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jusrisdiction over the matter:


Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertatined, without the prmoter first having deposited with the Appellate Tribunal atleast thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.


Explanation.-For the purpose of this sub-section "person" shall include the
association of allottees or any voluntary consumer association registered under any law for the time being in force.

 

44. Application for settlement of disputes and appeals to Appellate Tribunal

 

(1) The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.


(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed:


Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period.


(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.


(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be.


(5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal:


Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.


(6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.

 

45. Composition of Appellate Tribunal.

 

The Appellate Tribunal shall consist of a Chairperson and not less than two whole
time Members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the appropriate Government.


Explanation.-For the purposes of this Chapter,-


(i) "Judicial Member" means a Member of the Appellate Tribunal appointed as such
under clause (b) of sub-section (1) of section 46;

 

(ii) "Technical or Administrative Member" means a Member of the Appellate Tribunal appointed as such under clause (c) of sub-section (1) of section 46.

 

46. Qualifications for appointment of Chairperson and members.

 

(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,-


(a) in the case of Chairperson, is or has been a Judge of a High Court; and


(b) in the case of a Judicial Member he has held a judicial office in the territory of
India for at least fifteen years or has been a member of the Indian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and


(c) in the case of a Technical or Administrative Member, he is a person who is
well-versed in the field of urban development, housing, real estate development,
infrastructure, economics, planning, law, commerce, accountancy, industry,
management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.


(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in consultation with the Chief Justice of High Court or his nominee.


(3) The judicial Members and Technical or Administrative Members of the Appellate
Tribunal shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary and in such manner as may be prescribed.

 

47. Term of office of Chairperson and member.

 

(1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall hold office, as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re appointment :


Provided that in case a person, who is or has been a Judge of a High Court, has been appointed as Chairperson of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years :


Provided further that no Judicial Member or Technical or Administrative Member shall hold office after he has attained the age of sixty-five years.


(2) Before appointing any person as Chairperson or Member, the appropriate Government shall satisfy itself that the person does not have any such financial or other interest, as is likely to affect prejudicially his functions as such member.

 

48. Salary and allowances payable to Chairperson and Members.

 

(1) The salary and allowances payable to, and the other terms and conditions of
service of, the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure.


(2) Notwithstanding anything contained in sub-sections (1) and (2) of section 47, the Chairperson or a Member, as the case may be, may:-


(a) relinquish his office by giving in writing to the appropriate Government a
notice of not less than three months;


(b) be removed from his office in accordance with the provisions of section 49.


(3) A vacancy caused to the office of the Chairperson or any other Member, as the case may be, shall be filled-up within a period of three months from the date on which such vacancy occurs.

 

49. Removal of Chairperson and member from office in certain circumstances.

 

(1) The appropriate Government may, in consultation with the Chief Justice of the
High Court, remove from office of the Chairperson or any judicial Member or Technical or Administrative Member of the Appellate Tribunal, who-


(a) has been adjudged as an insolvent; or


(b) has been convicted of an offence which, in the opinion of the appropriate
Government involves moral turpitude; or


(c) has become physically or mentally incapable; or


(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions; or


(e) has so abused his position as to render his continuance in office prejudicial
to the public interest.


(2) The Chairperson or Judicial member or Technical or Administrative Member shall not be removed from his office except by an order made by the appropriate Government after an inquiry made by the Judge of the High Court in which such Chairperson or Judicial member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.


(3) The appropriate Government may suspend from the office of the Chairperson or Judicial member or Technical or Administrative Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the High Court under sub-section (2), until the appropriate Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference.


(4) The appropriate Government may, by rules, regulate the procedure for inquiry
referred to in sub-section (2).

 

50. Restrictions on Chairperson, or Judicial Member or Technical administative Member on employement after cessation of office.

 

(1) The Chairperson or Judicial Member or Technical or Administrative Member,
ceasing to hold office as such shall not:-


(a) Accept any employment in, or connected with, the management or
administration of, any person or organisation which has been associated with any
work under this Act, from the date on which he ceases to hold office:


Provided that nothing contained in this clause shall apply to any employment
under the appropriate Government or a local authority or in any statutory authority or any corporation established by or under any Central, State of provincial Act or a
Government Company as defined under clause (45) of section 2 of the Companies
Act, 2013, which is not a promoter as per the provisions of this Act;


(b) act, for or on behalf of any person or organisation in connection with any
specific proceeding or transaction or negotiation or a case to which the Authority is a party and with respect to which the Chairperson or Judicial Member or Technical or Administrative Member had, before cessation of office, acted for or provided advice to, the Authority;


(c) give advice to any person using information which was obtained in his capacity
as the Chairperson or Judicial Member or Technical or Administrative Member and
being unavailable to or not being able to be made available to the public;


(d) enter into a contrat of service with, or accept an appointment to a board of
directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such.


(2) The Chairperson or Judicial Member or Technical or Administrative Member shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as such.

 

51. Officers and other employees of Appellate Tribunal.

 

(1) The appropriate Government shall provide the Appellate Tribunal with such
officers and employees as it may deem fit.


(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson.


(3) The salary and allowances payable to, and the other terms and conditions of
service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed.

 

52. Vacancies.

 

If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellae Tribunal from the stage at which the vacancy is filled.

 

53. Powers of Tribunal.

 

(1) The Appellate Tribunal shall not be bound by the procedure laid down by the
Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice.


(2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to
regulate its own procedure.


(3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872.


(4) The Appellate Tribunal shall have, for the purpose of discharging its functions
under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-


(a) summoning and enforcing the attendance of any person and examining him
on oath;


(b) requiring the discovery and production of documents;


(c) receiving evidence on affidavits;


(d) issuing commissions for the examinations of witnesses or documents;


(e) reviewing its decisions;


(f) dismissing an application for default or directing it ex parte; and


(g) any other matter which may be prescribed.


(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

 

54. The Chairperson shall have powers of general superintendence and direction in
the conduct of the affairs of Appellate Tribunal and he shall, in addition to presiding over the meetings of the Appellate Tribunal exercise and discharge such administrative powers and functions of the Appellate Tribunal as may be prescribed.

 

55.Vacancies etc. not to invalidate proceedings of Appellate Tribunal.

No act or proceeding of the Appellate Tribunal shall be invalid merely by reason
of-


(a) any vacancy in, or any defect in the constitution of, the Appellate Tribunal, or


(b) any defect in the appointment of a person acting as a Member of the Appellate
Tribunal; or


(c) Any irregularity in the procedure of the Appellate Tribunal not affecting the
merits of the case.

 

56. Right to Legal Representation.

The applicant or appellant may either appear in person or authorise one or more
chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be.


Explanation.-For the purposes of this section,-


(a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;


(b) "company secretary" means a company secretary as defined in clause (c) of
sub-section (1) of section 2 of the Company Secretaries Act, 1980 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;


(c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;


(d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice.

 

57. Orders Passed by Appelate Tribunal to be executable as a decree.

 

(1) Every order made by the Appellate Tribunal under this Act shall be executable
by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.


(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal
may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court.

 

58. Appeal to High Court.

 

(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may,
file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908:


Provided that the High Court may entertain the appeal after the expiry of the said
period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.


Explanation.-The expression "High Court" means the High Court of a State or Union territory where the real estate project is situated.


(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.

 

                                   CHAPTER VIII

                  OFFENCES, PENALTIES AND ADJUDICATION

 

59. Punishment for non registration under section 3.

(1) If any promoter contravenes the provisions of section 3, he shall be liable to a
penalty which may extend up to ten per cent. of the estimated cost of the real estate project as determined by the Authority.


(2) If any promoter does not comply with the orders, decisions or directions issued
under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both.

 

60. Penalty for contravention of sec.4.

If any promoter provides false information or contravenes the provisions of
section 4, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project, as determined by the Authority.

 

61. Penalty for contravention of other provisions of the Act.

 

If any promoter contravenes any other provisions of this Act, other than that
provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project as determined by the Authority

 

62. Penalty for non registration and contravention under sections 9 and 10.

If any real estate agent fails to comply with or contravenes the provisions of
section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent. of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.

 

63. Penalty for failure to comply with orders of authority by promoter.

 

If any promoter, who fails to comply with, or contravenes any of the orders or
directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority.

 

64. If any promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the Applellate Trinbunal, he shall be punishable with imprisonment for a term which may extend up to three years or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of the real estate project, or with both.

 

65. Penalty for failure to comply with orders of authority by real estate agent.

 

If any real estate agent, who fails to comply with, or contravenes any of the orders
or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority.

 

66. Penalty for failure to comply with orders of Appellate Tribunal by real estate
agent.

 

If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both.

 

67. Penalty for failure to comply with orders of Authority by allottee.

 

If any allottee, who fails to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent. of the plot, apartment or building cost, as the case may be, as determined by the Authority.

 

68. Penalty for failure to comply with orders of Appellate Tribunal by allottee.

 

If any allottee, who fails to comply with, or contravenes any of the orders or
directions of the Applellate Tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the plot, apartment or building cost, as the case may be, or with both.

 

69. Offences by Companies.

 

(1) Where an Offence under this Act has been committed by a company, every
person who, at the time, the offence was committed was in charge of, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:


Provided that nothing contained in this sub-section, shall render any such person
liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.


(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


Explanation.-For the purpose of this section,-


(a) ''company'' means any body corporate and includes a firm, or other association
of individuals; and


(b) ''director'' in releation to a firm, means a partner in the firm.

 

70. Compounding of Offence

 

Notwithstanding anything contained in the Code of Crimnal Procedure, 1973, if
any person is punished with imprisonment under this Act, the punishment may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed:


Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded.

 

71. Power to adjudicate.

 

(1) For the purpose of adjudging compensation under sections 12, 14, 18 and
section 19, the Authority shall appoint in consultation with the appropriate Government one or more judicial officer as deemed necessary, who is or has been a District Judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard:


Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986, on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.


(2) The application for adjudging compensation under sub-section (1), shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of sixty days from the date of receipt of the application:
Provided that where any such application could not be disposed of within the said
period of sixty days, the adjudicating officer shall record his reasons in writing for not disposing of the application within that period.


(3) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may direct to pay such compensation or interest, as the case any be, as he thinks fit in accordance with the provisions of any of those sections.

 

72. Factors to be taken into account by the adjudicating officer.

While adjudging the quantum of compensation or interest, as the case may be,
under section 71, the adjudicating officer shall have due regard to the following factors,namely:-


(a) the amount of disproportionate gain or unfair advantage, wherever
quantifiable, made as a result of the default;


(b) the amount of loss caused as a result of the default;


(c) the repetitive nature of the default;


(d) such other factors which the adjudicating officer considers necessary to the
case in furtherance of justice.

 

                                       CHAPTER IX

                     FINANCE, ACCOUNTS, AUDITS AND REPORTS

 

73. Grants and loans by central goverment.

 

The Central Government may, after due appropriation made by Parliament in this
behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary.

 

74. Grants and loans by state government.

The State Government may, after due appropriation made by State Legislature by
law in this behalf, make to the Authority, grants and loans of such sums of money as the State Government may think fit for being utilised for the purposes of this Act.

 

75. Constitution of Fund.

 

(1) The appropriate Government shall constitute a fund to be called the 'Real Estate Regulatory Fund' and there shall be credited thereto,-


(a) all Government grants received by the Authority;


(b) the fees received under this Act;


(c) the interest accrued on the amounts referred to in clauses (a) to (b).
(2) The Fund shall be applied for meeting-

 


(a) the salaries and allowances payable to the Chairperson and other Members,
the adjudicating officer and the administrative expenses including the salaries and
allowances payable to be officers and other employees of the Authority and the Appellate Tribunal;


(b) the other expenses of the Authority in connection with the discharge of its
functions and for the pruposes of this Act.


(3) The Fund shall be administered by a committee of such Members of the Authority as may be determined by the Chairperson.
(4) The committee appointed under sub-section (3) shall spend monies out of the Fund for carrying out the objects for which the Fund has been constituted.

 

76. Crediting sums realised by way of penalties to Consolidated Fund of India or State account.

(1) All sums realised, by way of penalties, imposed by the Appellate Tribunal or the Authority, in the Union terriroties, shall be credited to the Consolidated Fund of India.


(2) All sums realised, by way of penalties, imposed by the Applellate Tribunal or the Authority, in a State, shall be credited to such account as the State Government may specify.

 

77. Budget, accounts and audit.

(1) The Authority shall prepare a budget, maintain proper accounts and other
relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate Government in consultation with the Comptroller and Auditor- General of India.


(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-
General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor- General of India.


(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular shall have the right to demand and production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Authority.


(4) The accounts of the Authority, as certified by the Comprtoller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the appropriate Government by the Authority and the appropriate Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature
consists of one House, before the House.

 

78. Annual Report.

 

(1) The Authority shall prepare once in every year, in such form and at such time as may be prescribed by the appropriate Government,-


(a) a description of all the activities of the Authority for the previous year;


(b) the annual accounts for the previous year; and


(c) the programmes of work for the coming year.


(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before the State Legislature or the Union Territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.

 

                                          CHAPTER X

                                       MISCELLANEOUS

 

79. Bar of Jurisdiction.

No civil court shall have jurisdiction to entertain any suit or proceeding in respect
of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

 

80. Cognizance of Offences.

 

(1) No court shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder save on a complaint in writing made by the Authority or by any officer of the Authority duly authorised by it for this purpose.


(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

 

81. Delegation.

 

The Authority may, by general or special order in writing, delegate to any member,
officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 85, as it may deem necessary.

 

82. Power of appropriate government to supersede authority.

(1) If, at any time, the appropriate Government is of the opinion,-


(a) that, on account of circumstances beyond the control of the Authority, it is
unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or


(b) that the Authority has persistently defaulted in complying with any direction
given by the appropriate Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has suffered; or


(c) that circumstances exist which render it necessary in the public interest so to
do, the appropriate Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the President or the Governor, as the case may be, may direct to exercise powers and discharge functions under this Act:


Provided that before issuing any such notification, the appropriate Government shall give a reasonable opportunity to the Authority to make representations against the proposed supersession and shall consider the representations, if any, of the Authority.


(2) Upon the publication of a notification under sub-section (1) superseding the
Authority,-


(a) the Chairperson and other Members shall, as from the date of supersession,
vacate their offices as such;


(b) all the powers, functions and duties which may, by or under the provisions
of this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstitued under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and


(c) all properties owned or controlled by the Authority shall, until the Authority
is reconstituted under sub-section (3), vest in the appropriate Government.


(3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the appropriate Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment.


(4) The appropriate Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament or, as the case may be, before the State Legislature, or the Union Territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House.

 

 

83.Powers of appropriate Government to issue directions to Authority and obtain reports and returns.

 

(1) Without prejudice to the foregoing provisions of this Act, the Authority shall,
in exercise of its powers and in performance of its functions under this Act, be bound by such directions on questions of policy, as the appropriate Government may give in writing to it from time to time :


Provided that the Authority shall, as far as practicable, be given an opportunity to
express its views before any direction is given under this sub-section.


(2) If any dispute arises between the appropriate Government and the Authority as to whether a question is or is not a question of policy, the decision of the appropriate Government thereon shall be final.

(3) The Authority shall furnish to the appropriate Government such returns or other
information with respect to its activities as the appropriate Government may, from time to time, require.

 

84. Power of appropriate Government to make rules.

 

(1) The appropriate Government shall, within a period of six months of the
commencement of this Act, by notification, make rules for carrying out the provisions of this
Act.


(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-


(a) information and documents for application to Authority for registration under
clause (m) of sub-section (2) of section 4;


(b) the form and manner of making application and fee and documents to be
accompanied with such application as under sub-section (2) of section 9;


(c) the period, manner and conditions under which the registration is to be
granted under sub-section (3) of section 9;


(d) the validity of the period of registration and the manner and fee for renewal
under sub-section (6) of section 9;


(e) the maintenance and preservation of books of account, records and documents
under clause (b) of section 10;


(f) the discharge of other functions by the real estate agent under clause (e) of
section 10;


(g) the rate of interest payable under section 12;


(h) the form and particulars of agreement for sale under sub-section (2) of
section 13;


(i) the rate of interest payable under clause (b) of sub-section (1) of section 18;


(j) the rate of interest payable under sub-section (4) of section 19;


(k) the rate of interest payable under sub-section (7) of section 19;


(l) the manner of selection of Chairperson and Members of Authority under
section 22;


(m) the salaries and allowances payable to, and the other terms and conditions of
service of, the Chairperson and other Members of the Authority under sub-section (1) of section 24;


(n) the administrative powers of the Chairpersons under section 25;


(o) the salaries and allowances payable to, and the other terms and conditions of
service of, the officers and other employees of the Authority under sub-section (2) of section 28;


(p) the details to be published on the website as under clause (b) and under
clause (d) of section 34;


(q) the additional functions which may be performed by the Authority under
clause (iv) of sub-section (2) of section 35;


(r) the manner of recovery of interest, penalty and compensation under
sub-section (1) of section 40;


(s) the manner of implementation of the order, direction or decisions of the
adjudicating officer, the Authority or the Appellate Tribunal under sub-section (2) of
section 40;

(t) recommendations received from the Central Advisory Council under
sub-section (2) of section 42;


(u) the form and manner and fee for filling of appeal under sub-section (2) of
section 44;


(v) the manner of selection of Members of the Tribunal under sub-section (3) of
section 46;


(w) the salaries and allowances payable to, and the other terms and conditions of
service of, the Chairperson and other Members of the Appellate Tribunal under
sub-section (1) of section 48;


(x) the procedure for inquiry of the charges against the Chairperson or Judicial
Member of the Tribunal under sub-section (4) of section 49;


(y) the salaries and allowances payable to, and the other terms and conditions of
service of, the officers and employees of the Appellate Tribunal under sub-section (3) of section 51;


(z) any other powers of the Tribunal under clause (h) of sub-section (4) of
section 53;


(za) the powers of the Chairperson of the Appellate Tribunal under section 54;


(zb) the terms and conditions and the payment of such sum for compounding of
the offences under section 70;


(zc) the manner of inquiry under sub-section (1) of section 71;


(zd) the form to be specified in which the Authority shall prepare a budget,
maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 77;


(ze) the form in which and time at which the Authority shall prepare an annual
report under sub-section (1) of section 78;


(zf) any other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made, by rules.

 

85. Power to make regulations.

 

(1) The Authority shall, within a period of three months of its establishment, by
notification, make regulations, consistent with this Act and the rules made thereunder to carry out the purposes of this Act.


(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-


(a) the form and manner of making application and fee payable herewith under
sub-section (1) of section 4;


(b) the form of application and the fees for extension of registration under
section 6;


(c) such other information and documents required under clause (f) of
sub-section (1) of section 11;


(d) display of sanctioned plans, layout plans along with specifications, approved
by the competent authority, for display under clause (a) of sub-section (3) of
section 11;


(e) preparation and maintenance of other details under sub-section (6) of
section 11;


(f) time, places and the procedure in regard to transaction of business at the
meetings of the Authority under sub-section (1) of section 29;

 

(g) the form, manner and fees for filing a complaint under sub-section (2) of
section 31;


(h) standard fees to be levied on the promoter, the allottees or the real estate
agent under clause (e) of section 34;


(i) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations.

 

86. Laying of rules.

 

(1) Every rule made by the Central Government, every regulation made by the
Authority under the Union terriotry of Delhi and the Union territories without Legislature and every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule of regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be.


(2) Every rule made by a State Government or the Union territory Government, as the case may be, every regulation made by the Authority under the State Government or the Union territory Government of Puducherry, as the case may be, and every notification issued by the State Government or the Union territory Government of Puducherry, as the case may be, under this Act, shall be laid as soon as may be, after it is made, before the State Legislature, or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House.

 

87.Members etc. to be public servant.

The Chairperson, Members and other officers and employees of the Authority, and
the Appellate Tribunal and the adjudicating officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

 

88. Application of other laws not barred.

The provisions of this Act shall be in addition to, and not in derogation of, the
provisions of any other law for the time being in force.

 

89. Act to have overriding effect.

The provisions of this Act shall have effect, notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.

 

90. Protection of action taken in good faith.

 

No suit, prosecution or other legal proceedings shall lie against the appropriate
Government or the Authority or any officer of the appropriate Government or any member, officer or other employees of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder

 

91. Power to remove difficulties.

 

1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:


Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.


(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

 

92. Repeal.

The Maharashtra Housing (Regulation and Development) Act, 2012 is hereby
repealed.

 

 

       THE PUNJAB REAL ESTATE (REGULATION AND DEVELOPMENT ) RULES, 2017.

 

In exercise of the powers conferred by section 84 read with sub-clause (iv) of clause (g) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (Central Act No.16 of 2016), and all other powers enabling him in this behalf, the
Governor of Punjab, is pleased to make the following rules, for carrying out
the purpose of the said Act, namely:-

 

                                              CHAPTER I

                                                         PRELIMINARY

 

1. Short title and commencement: (1) These rules may be called the
Punjab State Real Estate (Regulation and Development) Rules, 2017.


(2) They shall come into force on and with effect from the date of their
publication in the Official Gazette.


2. Definitions.- (1) In these rules, unless the context otherwise requires,-


(a) "Act" means the Real Estate (Regulation and Development) Act,
2016 (Central Act No. 16 of 2016);


(b) "Annexure" means an annexure appended to these rules;


(c) "association of allottees" means a collective of the allottees of a
real estate project, by whatever name called, registered under any
law for the time being in force, acting as a group to serve the case
of its members, and shall include the authorized representative of
the allottees.


(d) "authenticated copy" means a self-attested copy of any document
required to be provided by any person under these rules;


(e) "Form" means a form appended to these rules;


(f) "layout plan" means a plan of the project depicting the division or
proposed division of land into plots, roads, open spaces, amenities,
etc. and other details, as may be necessary;


(g) "partial completion certificate" means a certificate issued by the
Authority competent to issue the same for a part of project area on
completion of development works in that part or of a building block
in case of built up projects as the case may be.


(h) "ongoing projects" means the Real Estate Projects which are ongoing
in which development and development works as defined in Section
2(s) and Section 2(t) of the Act are still under way, excluding the
area of portion of the Real Estate Project for which partial
completion or occupation certificate, as the case may be, has been
obtained by the promoter of the project.


(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) "State Government" means the Government of the State of Punjab
in the Department of Housing and Urban Development; and


(l) "super area of an apartment" means the gross covered area of the
building, including the area covered by all such parts/areas in the
project, which the allottee shall use by sharing it with other occupants
of the project, including entrance lobby, drivers'/common toilet at
ground floor, lift shafts, electrical shafts, fire shafts, plumbing shafts,
common corridors and passages, staircases, mumties, service areas,
including but not limited to lift machine room, maintenance offices
or stores, security or fire control rooms and architectural features,
if provided.


(2) The words and expressions used in these rules but not defined, shall
have the same meaning respectively assigned to them in the Act.

 

                                           CHAPTER II

                                            REAL ESTATE PROJECT

 

3. Information and documents to be furnished by the promoter for
registration of real estate project.- (1) The promoter shall furnish the
following additional information and documents, along with those specified in
section 4 for registration of the real estate project with the Authority, namely:-


(a) authenticated copy of the PAN(Permanent account number) card
of the promoter;


(b) annual report including audited profit and loss account, balance
sheet, cash flow statement, Director's report and the auditor's report
of the promoter for the immediately preceding three financial years;
and where annual report is not available, the audited profit and loss
account, balance sheet, cash flow statement and the auditor's report
of the promoter for the immediately preceding three financial years;


(c) the number of open parking areas and the number of covered parking
areas available in the real estate project;


(d) authenticated copy of the legal title deed reflecting the title of the
promoter to the land on which development of project is proposed
along with legally valid documents for change of title with
authentication of such title;


(e) details of encumbrances on the land on which development of project
is proposed, including details of any rights, title, interest, dues,
litigation and name of party in or over such land or non encumbrance
certificate through an advocate having experience of atleast ten
years from the revenue authority not below the rank of Tehshildar,
as the case may be;


(f) where the promoter is not the owner of the land on which
development of real estate project is proposed, details of the consent
of the owner of the land along with a copy of the collaboration
agreement, development agreement, joint development agreement
or any other agreement, as the case may be, entered into between
the promoter and such owner and copies of title and other
documents reflecting the title of such owner on the land on which
real estate project is proposed to be developed; and


(g) name, photograph, contact details and address of the promoter if it
is an individual and the name, photograph, contact details and
address of the Chairman, partners, Directors, as the case may be,
and the authorised person in case of other entities.


(2) An application to the Authority for registration of real estate project
shall be made in writing in Form'A' in triplicate until the procedure is
made web based for filling of such application


(3) The declaration to be submitted under clause (I) of sub-section (2)
of section 4 of the Act, shall be as per Form 'B', which shall include a
declaration stating that the promoter shall not discriminate against any
allottee at the time of allotment of any apartment, plot or building, as the
case may be. However, the promoter may charge different rates from
allottees for plots/apartments for different locations, specifications and
at different times.


(4) The promoter shall pay registration fee by way of demand draft
for a sum calculated at the rate given in Schedule-1 as amended from
time to time.


4. Disclosure by promoters of ongoing 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
or partial completion certificate, as the case may be, shall, within the
time specified in the said sub-section, make an application to the Authority
in the form and manner as provided in rule 3.


(2) The promoter shall disclose all project details as required under the
Act and the rules and regulations made there under, 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.


5. Grant or rejection of registration of the real estate project.-
(1) Upon the registration of a real estate project as per section 5 read
with rule 3 and rule 4, as the case may be, the Authority shall issue a
registration certificate within a period of thirty days with a registration
number as per Form 'C' to the promoter.


(2) In case of rejection of the application as per section 5, the Authority
shall inform the applicant as per Form 'D':
Provided that the Authority may grant an opportunity to the applicant
to rectify the defects in the application within such time period as may
be specified by it:


Provided further that if no intimation regarding registration or
rejection of registration of the project is given within a period of thirty
days, the registration of the real estate project shall be deemed to have
been given.



6. Extension of registration of real estate project.- (1) The registration
granted under the Act, may be extended by the Authority, on an application
made by the promoter in Form 'E', in triplicate, until the application
procedure is made web based, within three months prior to the expiry of
the registration granted.


(2) The application for extension of registration shall be accompanied
with a demand draft or a bankers cheque drawn on any scheduled bank
or through online payment mode, as the case may be, for an amount
equivalent to half the registration fees as specified under sub-rule (4) of
rule 3 along with an explanatory note setting out the reasons for delay in
the completion of the real estate project and the need for extension of
registration for the real estate project, along with documents supporting
such reasons:


Provided that where the promoter applies for extension of
registration of the real estate project due to force majeure, he shall not
be liable to pay any fee.


(3) In case of extension of registration, the Authority shall inform the
promoter about such extension in Form 'F' and in case of rejection of
the application for extension of registration, the Authority shall inform
the promoter about such rejection in Form 'D':


Provided that the Authority may grant an opportunity to the promoter
to rectify the defects in the application within such time period as may
be specified by it.

7. Revocation of Registration of the project.- Upon the revocation of
registration of a project as per section 7, the Authority shall inform the
promoter about such revocation as per Form 'D'.


8. Agreement for sale.- (1) For the purpose of sub-section (2) of section
13, the agreement for sale shall be in the form as per Annexure 'A'.


(2) Any application letter, allotment letter or any other document signed
by the allottee, in respect of the apartment, plot or building, prior to the
execution and registration of the agreement for sale for such apartment,
plot or building, as the case may be, shall not be construed to limit the
rights and interests of the allottee under the agreement for sale.


(3) The Promoter shall not make any additions and alterations beyond
the extent of 5(five) percent in the sanctioned plans, layout plans and
specifications and the nature of fixtures, fittings and amenities described
therein in respect of the apartment, plot or building, as the case may be,
without the previous written consent of the Allottee:


Provided that the Promoter may make such minor additions
or alterations as may be required by the Allottee, or such minor changes
or alterations as per the provisions of the Act:


Provided further that if the Authority competent to issue
approvals is of the view that certain changes in the project are necessary,
he may on application of the promoter do so for the reasons to be recorded
in writing and in that case consent of allottees shall not be required.

 

                                             CHAPTER III

                                        REAL ESTATE AGENT

 

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 for registration in writing to the Authority as per Form 'G'
along with the following documents, namely:-


(a) brief details of his enterprise including its name, registered address,
type of enterprise (proprietorship, society, partnership, company
etc.);


(b) particulars of registration including the bye-laws, memorandum of
association, articles of association etc., as the case may be;


(c) name, address, contact details and photograph of the real estate
agent, if he is an individual and the names, addresses, contact details
and photographs of the partners, directors etc. in case of other
entities;


(d) authenticated copy of the PAN card of the real estate agent;


(e) authenticated copy of the address proof of the place of business;
and


(f) 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 or renewal fee, as the case may be, by way
of a demand draft or a bankers cheque drawn on any scheduled bank,
for a sum as per Schedule-1.


10. Grant or rejection of registration of the real estate agent.- (1) On
receipt of the application under rule 9, the Authority shall within a period
of thirty days either grant registration to the real estate agent or reject
the application, as the case may be:


Provided that the Authority may grant an opportunity to the real
estate agent to rectify the defects in the application within such time
period as may be specified by it.


(2) Upon the registration of a real estate agent, the Authority shall
issue a registration certificate with a registration number in Form 'H' to
the real estate agent.


(3) In case of rejection of the application, the Authority shall inform
the applicant in Form 'I'.


(4) The registration granted under this rule shall be valid for a period
of five years.


11. Renewal of registration of real estate agent.- (1) The registration
granted to a real estate agent under the Act may be renewed 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.


(2) The application for renewal of registration shall be accompanied
with a demand draft or a banker's cheque drawn on any scheduled
bank, for a sum as mentioned in Schedule 1.


(3) The real estate agent shall also submit all the updated documents
set out in clauses (a) to (f) of sub-rule (1) of rule 9 at the time of
application for renewal.


(4) In case of renewal of registration, the Authority shall inform the
real estate agent about the same as per Form 'K' and in case of rejection
of the application for renewal of registration the Authority shall inform
the real estate agent as per 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:


Provided further that the Authority may grant an opportunity to the
real estate agent to rectify the defects in the application within such time
period as may be specified by it.


(5) The renewal of registration granted under this rule shall be valid
for a period five years.



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'.


13. Books of accounts, records and documents.- The real estate agent
shall maintain and preserve his books of accounts, records and documents
in accordance with the provisions of the Income Tax Act, 1961.


14. 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 UPLOADED ON THE WEBSITE OF THE
                  AUTHORITY.

 

15. Details to be uploaded on the website.-(1) The Authority shall ensure
that the following information, as applicable, shall be made available on
its website in respect of each project registered under the Act, namely:-


A. Details of the promoter including the following, namely :-


(i) Promoter or group Profile,-


(a) a brief detail of his enterprise including its name,
registered address, type of enterprise (proprietorship,
limited liability partnership, society, partnership,
company, competent authority) and the particulars of
registration. In case of a newly incorporated or registered
entity, brief details of the parent entity including its name,
registered address, type of enterprise (proprietorship,
society, limited liability partnership, partnership, company,
competent authority);


(b) background of promoter,- work experience of the
promoter and in case of a newly incorporated or
registered entity, work experience of the Chairman,
Director, Partners, as the case may be, and that of the
authorized persons of the parent entity ;and


(c) name , address, contact details and photograph of the
promoter in case of an individual and the name, address,
contact details and photograph of the Chairman,
Directors, Partners, as the case may be, and that of the
authorized persons;


(ii) track record of the promoter,-


(a) number of years of experience of the promoter or parent
entity, as the case may be, in real estate development in the
State of Punjab;


(b) number of years of experience of the promoter or parent
entity, as the case may be, in real estate development in
other States or Union Territories;


(c) number of completed projects and area constructed till date
in the past five years, including the status of the projects,
delay in its completion, details of type of land and payments
pending;


(d) number of ongoing projects and proposed area to be
constructed; and


(e) details and profile of ongoing and completed projects for the
last five years as provided under clause (b) of sub-section (2)
of Section 4;


(iii) litigations,- details of litigations in relation to the real estate projects
being registered with the Authority;


(iv) website,-


(a) web link to the promoter or parent entity, as the case may be;
and


(b) web link to the project website.


B. Details of the real estate project including the following,- namely:-


(i) advertisement and prospectus issued with regards to the project;


(ii) 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; and


(c) details of the registration granted by the Authority;


(iii) apartment, plot and garage/ covered car parking in stilt and
basement related details,-


(a) details of the number, type and carpet area of apartments for
sale in the project along-with the area of the exclusive balcony
or verandah areas and the exclusive open terrace areas with
the apartment, if any, or details of the number, type and area
of plots for sale in the project or both, as the case may be;


(b) details of the number and areas of garage/ covered car parking
in stilt and basement for sale in the project; and


(c) details of the number of open parking areas and covered
parking areas available in the project;


(iv) real estate agents registered under the Act;
Names and addresses of real estate agents for the project;


(v) consultants,- details, including name and addresses of contractors,
architect and structural engineers and other persons concerned
with the development of the project such as,-


(a) name and address of the person;


(b) names of promoters;


(c) year of establishment; and


(d) names and profile of key projects completed;


(vi) location,- the details of the location of the project, with clear
demarcation of land dedicated for the project along with its
boundaries including the latitude and longitude of the end points of
the project;


(vii) development Plan,-


(a) the plan of development works to be executed in the proposed
real estate project and the proposed facilities to be provided
thereof including fire fighting facilities, drinking water facilities,
emergency evacuation services, use of renewable energy etc.;


(b) amenities:- a detailed note explaining the salient features of
the proposed project including access to the project, design
for electric supply including street lighting, water supply
arrangements and site for disposal and treatment of storm
and sullage water, any other facilities and amenities or public
health services proposed to be provided in the project;


(c) Project schedule:- the plan of development works to be executed
in the project and the details of the proposed facilities to be
provided thereof and the timelines to achieve the same; and


(d) The detailed specification of design of apartment and material
to be used.


(e) The stage wise time schedule of completion of the real estate
project, including the provision for civic infrastructure like
water, sanitation and electricity etc


C. Financial details of the promoter,-


(i) authenticated copy of the PAN card of the promoter; and


(ii) the annual report including audited profit and loss account, balance
sheet, cash flow statement, Director's report and the auditor's report
of the promoter for the immediately preceding three financial years
and where annual report is not available, the audited profit and loss
account, balance sheet, cash flow statement and the auditor's report
of the promoter for the immediately preceding three financial years
and in case of newly incorporated or registered entity such
information shall be disclosed for the parent entity.


D. The promoter shall upload the following updates on the webpage for the
project, within fifteen days from the expiry of each quarter, namely :-


(i) list of number and types of apartments or plots booked;


(ii) list of number of garages/ covered car parking in stilt and basement
for sale and booked;


(iii) status of the project,-


(a) status of construction of each building with photographs;


(b) status of construction of each floor with photographs; and


(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 sanctioned plan, layout
plan, specification, license, permit or approval for the project.


E. Details of approvals, permissions, clearances, legal documents,-


(i) approvals,-


(a) authenticated copy of the license or land use permission,
building sanction plan and the commencement certificate from
the competent authority obtained in accordance with the laws
applicable for the project, and where the project is proposed
to be developed in phases, an authenticated copy of the license
or land use permission, building sanction plan and the
commencement certificate for each of such phases;


(b) authenticated copy of the site plan or site map showing the
location of the project land along with names of revenue estates,
khasra/khautni numbers and area of each parcel of the project
land;


(c) authenticated copy of the layout plan of the real estate project
or the phase thereof, and also the layout plan of the whole
real estate project as sanctioned by the competent authority
and other specifications of the real estate project ;


(d) floor plans for each tower and block including clubhouse,
amenities and common areas;


(e) any other permission, approval, or license that may be required
under applicable law; and


(f) authenticated copy of occupancy certificate and completion
certificate including its application;


(ii) legal documents,-


(a) details including the Performa of the application form,
allotment letter, agreement for sale and the conveyance deed;


(b) authenticated copy of the legal title deed reflecting the title of
the promoter to the land on which development of project is
proposed along with legally valid documents 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;


(d) details of encumbrances on the land on which development
of project is proposed including details of any rights, title,
interest and name of any party in or over such land or non
encumbrance certificate through an advocate having
experience of atleast ten years from the revenue authority
not below the rank of Tehsildar, as the case may be;


(e) where the promoter is not the owner of the land on which
development is proposed, details of the consent of the owner
of the land along with a copy of the collaboration agreement,
development agreement, joint development agreement or any
other agreement, as the case may be, entered into between
the promoter and such owner and copies of title and other
documents reflecting the title of such owner on the land
proposed to be developed;


(f) details of mortgage or charge, if any, created on the land and
the project.


F. contact details,- contact address, contact numbers and email-ids of the
promoter, authorized person and other officials handling the project.


(2) The Authority shall ensure that the following information is made available
on its website in respect of each real estate agent registered with it or whose
application for registration has been rejected or revoked, namely:-


A. For real estate agents registered with the Authority:-


(i) registration number and the period of validity of the registration of
the real estate agent with the Authority;


(ii) brief details of his enterprise including its name, registered address,
type of enterprise (proprietorship, society, partnership, company
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 he is an individual and the
photograph(s) of the partners, directors etc. in case of other persons;


(v) authenticated copy of the PAN card(s);


(vi) 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 have been rejected or real estate agents whose registration has
been revoked by the Authority:-


(i) registration number and the period of validity of the registration of
the real estate agent with the Authority;


(ii) brief details of his enterprise including its name, registered address,
type of enterprise (proprietorship, society, partnership, company
etc.);


(iii) photograph of the real estate agent if he is an individual and the
photograph(s) 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 there under.


(3) 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.

 

 

 

 

15. Details to be uploaded on the website.-(1) The Authority shall ensure
that the following information, as applicable, shall be made available on
its website in respect of each project registered under the Act, namely:-


A. Details of the promoter including the following, namely :-


(i) Promoter or group Profile,-


(a) a brief detail of his enterprise including its name,
registered address, type of enterprise (proprietorship,
limited liability partnership, society, partnership,
company, competent authority) and the particulars of
registration. In case of a newly incorporated or registered
entity, brief details of the parent entity including its name,
registered address, type of enterprise (proprietorship,
society, limited liability partnership, partnership, company,
competent authority);


(b) background of promoter,- work experience of the
promoter and in case of a newly incorporated or
registered entity, work experience of the Chairman,
Director, Partners, as the case may be, and that of the
authorized persons of the parent entity ;and


(c) name , address, contact details and photograph of the
promoter in case of an individual and the name, address,
contact details and photograph of the Chairman,
Directors, Partners, as the case may be, and that of the
authorized persons;


(ii) track record of the promoter,-


(a) number of years of experience of the promoter or parent
entity, as the case may be, in real estate development in the
State of Punjab;


(b) number of years of experience of the promoter or parent
entity, as the case may be, in real estate development in
other States or Union Territories;


(c) number of completed projects and area constructed till date
in the past five years, including the status of the projects,
delay in its completion, details of type of land and payments
pending;


(d) number of ongoing projects and proposed area to be
constructed; and


(e) details and profile of ongoing and completed projects for the
last five years as provided under clause (b) of sub-section (2)
of Section 4;


(iii) litigations,- details of litigations in relation to the real estate projects
being registered with the Authority;


(iv) website,-


(a) web link to the promoter or parent entity, as the case may be;
and


(b) web link to the project website.


B. Details of the real estate project including the following,- namely:-


(i) advertisement and prospectus issued with regards to the project;


(ii) 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; and


(c) details of the registration granted by the Authority;


(iii) apartment, plot and garage/ covered car parking in stilt and
basement related details,-


(a) details of the number, type and carpet area of apartments for
sale in the project along-with the area of the exclusive balcony
or verandah areas and the exclusive open terrace areas with
the apartment, if any, or details of the number, type and area
of plots for sale in the project or both, as the case may be;


(b) details of the number and areas of garage/ covered car parking
in stilt and basement for sale in the project; and


(c) details of the number of open parking areas and covered
parking areas available in the project;


(iv) real estate agents registered under the Act;
Names and addresses of real estate agents for the project;


(v) consultants,- details, including name and addresses of contractors,
architect and structural engineers and other persons concerned
with the development of the project such as,-


(a) name and address of the person;


(b) names of promoters;


(c) year of establishment; and


(d) names and profile of key projects completed;


(vi) location,- the details of the location of the project, with clear
demarcation of land dedicated for the project along with its
boundaries including the latitude and longitude of the end points of
the project;


(vii) development Plan,-


(a) the plan of development works to be executed in the proposed
real estate project and the proposed facilities to be provided
thereof including fire fighting facilities, drinking water facilities,
emergency evacuation services, use of renewable energy etc.;


(b) amenities:- a detailed note explaining the salient features of
the proposed project including access to the project, design
for electric supply including street lighting, water supply
arrangements and site for disposal and treatment of storm
and sullage water, any other facilities and amenities or public
health services proposed to be provided in the project;


(c) Project schedule:- the plan of development works to be executed
in the project and the details of the proposed facilities to be
provided thereof and the timelines to achieve the same; and


(d) The detailed specification of design of apartment and material
to be used.


(e) The stage wise time schedule of completion of the real estate
project, including the provision for civic infrastructure like
water, sanitation and electricity etc


C. Financial details of the promoter,-


(i) authenticated copy of the PAN card of the promoter; and


(ii) the annual report including audited profit and loss account, balance
sheet, cash flow statement, Director's report and the auditor's report
of the promoter for the immediately preceding three financial years
and where annual report is not available, the audited profit and loss
account, balance sheet, cash flow statement and the auditor's report
of the promoter for the immediately preceding three financial years
and in case of newly incorporated or registered entity such
information shall be disclosed for the parent entity.


D. The promoter shall upload the following updates on the webpage for the
project, within fifteen days from the expiry of each quarter, namely :-


(i) list of number and types of apartments or plots booked;


(ii) list of number of garages/ covered car parking in stilt and basement
for sale and booked;


(iii) status of the project,-


(a) status of construction of each building with photographs;


(b) status of construction of each floor with photographs; and


(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 sanctioned plan, layout
plan, specification, license, permit or approval for the project.


E. Details of approvals, permissions, clearances, legal documents,-


(i) approvals,-


(a) authenticated copy of the license or land use permission,
building sanction plan and the commencement certificate from
the competent authority obtained in accordance with the laws
applicable for the project, and where the project is proposed
to be developed in phases, an authenticated copy of the license
or land use permission, building sanction plan and the
commencement certificate for each of such phases;


(b) authenticated copy of the site plan or site map showing the
location of the project land along with names of revenue estates,
khasra/khautni numbers and area of each parcel of the project
land;


(c) authenticated copy of the layout plan of the real estate project
or the phase thereof, and also the layout plan of the whole
real estate project as sanctioned by the competent authority
and other specifications of the real estate project ;


(d) floor plans for each tower and block including clubhouse,
amenities and common areas;


(e) any other permission, approval, or license that may be required
under applicable law; and


(f) authenticated copy of occupancy certificate and completion
certificate including its application;


(ii) legal documents,-


(a) details including the Performa of the application form,
allotment letter, agreement for sale and the conveyance deed;


(b) authenticated copy of the legal title deed reflecting the title of
the promoter to the land on which development of project is
proposed along with legally valid documents 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;


(d) details of encumbrances on the land on which development
of project is proposed including details of any rights, title,
interest and name of any party in or over such land or non
encumbrance certificate through an advocate having
experience of atleast ten years from the revenue authority
not below the rank of Tehsildar, as the case may be;


(e) where the promoter is not the owner of the land on which
development is proposed, details of the consent of the owner
of the land along with a copy of the collaboration agreement,
development agreement, joint development agreement or any
other agreement, as the case may be, entered into between
the promoter and such owner and copies of title and other
documents reflecting the title of such owner on the land
proposed to be developed;


(f) details of mortgage or charge, if any, created on the land and
the project.


F. contact details,- contact address, contact numbers and email-ids of the
promoter, authorized person and other officials handling the project.


(2) The Authority shall ensure that the following information is made available
on its website in respect of each real estate agent registered with it or whose
application for registration has been rejected or revoked, namely:-


A. For real estate agents registered with the Authority:-


(i) registration number and the period of validity of the registration of
the real estate agent with the Authority;


(ii) brief details of his enterprise including its name, registered address,
type of enterprise (proprietorship, society, partnership, company
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 he is an individual and the
photograph(s) of the partners, directors etc. in case of other persons;


(v) authenticated copy of the PAN card(s);


(vi) 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 have been rejected or real estate agents whose registration has
been revoked by the Authority:-


(i) registration number and the period of validity of the registration of
the real estate agent with the Authority;


(ii) brief details of his enterprise including its name, registered address,
type of enterprise (proprietorship, society, partnership, company
etc.);


(iii) photograph of the real estate agent if he is an individual and the
photograph(s) 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 there under.


(3) The Authority shall maintain a back-up, in digital form, of the contents of
its website in terms of this rule, and ensure that such back-up is updated on
the last day of each month.

 

                                        CHAPTER V

         INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND
         TIMELINES FOR REFUND

 

16. Interest payable by the promoter and the allottee.- The rate of
interest payable by the promoter to the allottee or by the allottee to the
promoter, as the case may be, shall be the State Bank of India highest
Marginal Cost of Lending Rate plus two percent:


Provided that in case the State Bank of India Marginal Cost of
Lending Rate is not in use, it would replaced by such bench mark lending
rates which the State Bank of India may fix from time to time for lending
to the general public.


17. 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 ninety days from the date on which
such refund along with applicable interest and compensation, if any,
becomes due.

 


                           CHAPTER VI

               REAL ESTATE REGULATORY
                AUTHORITY


18. Selection of Chairperson and Members of the Authority.- (1) As
and when vacancies of Chairperson or any other Member in the Authority
exist or arise, or are likely to arise, the State Government may make a
reference to the Selection Committee in respect of the vacancies to be
filled.


(2) The Selection Committee may, for the purpose of selection of the
Chairperson or a Member of the Authority, follow such procedure as
deemed fit including the appointment of a search committee consisting
of such persons as the Selection Committee considers appropriate to
suggest a panel of names for appointment as Chairperson or Member of
the Authority.


(3) The Selection Committee shall select two persons for each vacancy
and recommend the same to the State Government.


(4) The Selection Committee shall make its recommendation to the
State Government within a period of sixty days from the date of reference
made under sub- rule (1).


(5) The State Government shall within thirty days from the date of
receipt of the recommendation by the Selection Committee, appoint one
of the two persons recommended by the Selection Committee for the
vacancy of the Chairperson or other Member, as the case may be.


19. Salary and allowances payable to and other terms and conditions
of service of Chairperson and other Members of the Authority.-


(1) The salaries and allowances payable to the Chairperson and other
Members of the Authority shall be as follows:-


(a) The Chairperson shall be paid a consolidated monthly salary of
two lakh fifty thousand rupees and shall not be entitled to any
allowance relating to house and vehicle;


(b) The Member shall be paid a consolidated monthly salary of two
lakh rupees and shall not be entitled to any allowance relating to
house and vehicle;


(2) The Chairperson and other Members shall be entitled to thirty days
of earned leave for every completed one year of service.

(3) The other allowances and conditions of service of the Chairperson
and the Members shall be such as may be determined by the State
Government from time to time.


20. Administrative powers of the Chairperson of the Authority.- The
administrative powers of the Chairperson of the regulatory authority
shall include making decisions with regard to the following:-


(a) Officiating against sanctioned posts;


(b) authorization of tours to be undertaken by any Member, officer or
employees of the Authority within India and the allowance(s) to be
granted for the same. For foreign tours, prior approval of the State
Government shall be required;


(c) all matters in relation to reimbursement of medical claims;


(d) all matters in relation to grant or rejection of leaves.


(e) permission for hiring of vehicles for official use. However, for the
number and type of vehicles to be hired, prior approval of the State
Government shall be required;


(f) nominations for attending seminars, conferences and training
courses in India. For foreign trainings, prior approval of the State
Government shall be required ;


(g) permission for invitation of guests to carry out training course;


(h) all matters pertaining to staff welfare expenses;


(i) sanction regarding scrapping or write-off of capital assets which
due to normal wear and tear have become unserviceable or are
considered beyond economical repairs; and


(j) all matters relating to disciplinary action against the employees of
the Authority.


21. Salary and allowances payable to and other terms and conditions
of service of the officers and other employees of the Authority.-


(1) The conditions of service of the officers and employees of the
Authority in the matter of pay, allowances, leave, joining time, joining
time pay, age of superannuation and other conditions of service, shall be
regulated in accordance with such rules and regulations as are, from
time to time, applicable to the officers and employees of the State
Government and drawing the corresponding scales of pay.

(2) The State Government shall have the power to relax the provisions
of any of these rules in respect of any class or category of officers or
employees.


22. Functioning of the Authority.- (1) The office of the Authority shall be
located at such place as may be determined by the State Government by
notification.


(2) The working days and office hours of the Authority shall be the
same as that of the normal working days and office norms of the other
offices of the State Government.


(3) The official common seal and emblem of the Authority shall be
such as the State Government may specify.


(4) Every notice, order and direction of the Authority shall bear the
seal of the Authority which shall be in custody with the person designated
by the Chairperson.


(5) The Authority shall ordinarily have sitting at its headquarters and at
such other places as the Chairperson may by general or special order
specify.


23. Additional powers of the Authority.- (1) In addition to the powers
specified in sub-section (2) of section 35, the Authority shall exercise the
following additional powers, namely:-


(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; and


(b) requisitioning, subject to the provisions of sections 123 and 124 of
the Indian Evidence Act, 1872 (1 of 1872), any public record or
document or copy of such record or document from any office.


(2) The Authority may call upon such experts or consultants from the
fields of economics, commerce, accountancy, real estate, construction,
architecture, law or engineering or from any other discipline as it deems
necessary, to assist the Authority in the conduct of any inquiry or
proceedings before it.


(3) The Authority may in the interest of the allottees, 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 under
sub- clause (D) of clause (l) of sub-section (2) of section 4; or

(b) used any amounts paid to such promoter by the allottees for the
real estate project for which the penalty, interest or compensation
is payable, or any other real estate project; or


(c) recovered the amounts paid as penalty, fine or compensation from
the allottees of the relevant real estate project or any other real
estate project.


24. Recovery of interest, penalty and compensation.- The recovery of
the amount due such as interest, penalty or compensation shall be
recovered as arrears of land revenue in the manner provided under
applicable local laws.


25. 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, Authority or Appellate Tribunal, as the case may be,
under the Act or the rules and regulations made there under, shall be
enforced by the adjudicating officer, 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, 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

 

26. Appeal and the fees payable.- (1) Every appeal filed under sub- section
(1) of section 44 shall be accompanied by a fee of one thousand rupees
in the form of a demand draft or a bankers cheque drawn on any
scheduled bank in favor of the Appellate Tribunal and payable at the
branch of that Bank at the station where the seat of the said Appellate
Tribunal is situated.


(2) Every appeal shall be filed as per Form 'L' along with the following
documents, namely:-


(a) true copy of the order against which the appeal is filed;

(b) copies of the documents relied upon by the appellant and referred
to in the appeal; and


(c) an index of the documents.


(3) Every appeal shall be either filed at the filing counter of the Registry
of the Appellate Tribunal or through a registered post or through
online system, as applicable.


(4) In case of an appeal sent by post under sub-rule (3), it shall be
deemed to have been presented to the Appellate Tribunal on the
day on which it is received in its office.


(5) Where a party to the appeal is represented by an authorized person,
as provided under section 56, a copy of the authorization to act as
such and the written consent thereto by such authorized person,
both in original, shall be appended to the appeal or the reply to the
notice of the appeal, as the case may be.


(6) On the date of hearing or any other date to which hearing could be
adjourned, it shall be obligatory on the parties or their agents, as the
case may be, to appear before the Appellate Tribunal:


Provided that where the appellate or his authorized person,
as the case may be, fails to appear before the Appellate Tribunal
on such days, the Appellate Tribunal may in its distraction either
dismiss the appeal for default or decide it on merits and where the
opposite party or his authorized person fails to appear on the date
of hearing, the Appellate Tribunal may decide the appeal ex-parte.


(7) The procedure for day to day functioning of the Appellate Tribunal,
which have not been provided by the Act or the rules made
thereunder, shall be as specified by the Appellate Tribunal.


27. Selection of members of the Appellate Tribunal.- (1) As and when
vacancies of a Member in the Appellate Tribunal exist or arise, or are
likely to arise, the State Government may make a reference to the
Selection Committee in respect of the vacancies to be filled.


(2) The Selection Committee may, for the purpose of selection of the
Member of the Appellate Tribunal, follow such procedure as deemed fit
including the appointment of a search committee consisting of such
persons as the Selection Committee considers appropriate to suggest a
panel of names for appointment as Member of the Appellate Tribunal.

(3) The Selection Committee shall select two persons for each vacancy
and recommend the same to the State Government.


(4) 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 (1).


(5) The State Government shall within thirty days from the date of the
receipt of the recommendation by the Selection Committee, appoint one
of the two persons recommended by the Selection Committee for the
vacancy of the Member.


28. 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 and other terms and conditions
of service of the Chairperson and Members of the Appellate Tribunal
shall be as follows, namely:-

 

(a) the Chairperson:


1. Salary-  In case of serving Judge, the monthly salary
shall not be less than the salary he/she is drawing
as a serving Judge of the High Court and in
case of a retired Judge, the monthly salary shall
be the last drawn salary as a Judge minus
pension. DA as admissible from time to time.


2. Vehicle- Staff Car with 200 liters of petrol per month or
actual consumption (Whichever is less).


3. Medical facility- At the rate admissible to a sitting Judge of High
Court at present means actual reimbursement without any limit.


4. Electricity/ Water 
reimbursement -  Shall be entitled to reimbursement of electricity for his residence up to limit of 10000 units per annum and 3600 KL water per month.


5. Leave- Shall be entitled to 30 days of earned leave for
every completed one year of service.


6. Telephone- Shall be entitled to telephone at office (with no
limit) and at residence up to limit of 5000 calls per month.


7. Accommodation-  Shall be entitled to a rent free accommodation
as per entitlement of a sitting Judge or in lieu of
Government accommodation, House Rent
Allowance as per entitlement of a sitting Judge
of High Court i.e. @ Rs. 10000/- per mensum.


8. Sumptuary allowance- As admissible to a sitting Judge of High Court.

9. LTC At the rate admissible to a sitting Judge of High
Court.


(b) the Member:



1. Salary and allowance and other benefits of Members -  Shall be entitled to receive last pay drawn at  the time of his retirement in the State of Punjab:
Provided that if, the Member at the time of his appointment was in receipt of a pension or being eligible for that elected to draw a pension in respect of any previous service under the Central Government or a State Government, his
salary in respect of any service as a Member shall be reduced:


a) By the amount of that pension;


b) If he had, before assuming office, received
in lieu of portion of pension due to him/ her
in respect of such previous service, the
commuted value thereof by the amount of
that portion of the pension; and


c) By any other form of retirement benefits,
being drawn or availed of or to be drawn
by him.


d) In case a Member has retired from service
before 01.01.2016, his last pay would be
revised on notional basis in the revised pay
scale as per relevant fitment table.

e) The member, who is not a servant of the
Govt., shall be paid a monthly salary
equivalent to the Additional Secretary to the
Govt. of India.


2. Accommodation for Member i) The Member shall be entitled to Govt. accommodation as per entitlement of the rank of Principal Secretary to Govt. of
Punjab.


ii) In case, a member does not avail of the
facility of Government accommodation,
he shall be entitled to get maximum,
amount of Rs. 10,000/- in lieu of such
accommodation as rent.


3. Transport- i) The Member shall be provided a staff car and a driver. However, if he wishes to use his personal car and driver, he/ she shall be granted an additional allowance of Rs. 10,000/- per month in lieu of the staff car, petrol and the driver.


ii) The member shall be entitled to use Goverment vehicle for private purpose on the same analogy as is admissible to the Principal Secretary of the State of Punjab.


4. Travel Allowance-  For journey performed on duty within or outside the State of Punjab, but within the territory of India, or at the time of appointment or
retirement, the Member shall be entitled to draw such travelling and daily allowance, as is admissible to the Principal Secretary, Grade Officer of the State of Punjab.


5. Medical Treatment The medical treatment to a member and his
family members shall be provided in accordance with the rules which for the time being, apply to the Principal Secretary Grade Officer of the State of Punjab.


6. Leave- Shall be entitled to 30 days of earned leave for
every completed one year of service.

7. Authority- The power to grant or refuse leave to the competent to Member and to revoke or curtail the leave grant leave granted to him, shall vest in the Governor of State of Punjab.


8. Pension- The Member shall not be entitled to any pensionary benefits for the period of service rendered in the Tribunal.

 

29. Inquiry of the charges against the Chairperson or Member of the
Authority or the Appellate Tribunal.- (1) The State Government
shall on the 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 Authority or as specified under sub-section (1) of
section 49 in case of a Chairperson or Member of the Appellate Tribunal,
either by receipt of a complaint in this regard or suo motu, as the case
may be, make a preliminary scrutiny with respect to such charges against
the Chairperson or any Member of the Authority or Appellate Tribunal,
as the case may be.


(2) If, on preliminary scrutiny, the State Government considers it
necessary to investigate into the allegation, it shall place the complaint, if
any, together with supporting material as may be available, before the
Chief Justice of the Punjab and Haryana High Court to appoint a sitting
or retired judge of the High Court for conducting the inquiry in the matter.


(3) The State Government shall forward to the Judge appointed under
sub-rule (2), copies of,-


(a) the statement of charges against the Chairperson or Member of
the Authority or Appellate Tribunal, as the case may be; and


(b) material documents relevant to the inquiry.


(4) The Chairperson or Member of the Authority or Appellate Tribunal,
as the case may be, shall be given a reasonable opportunity of being
heard with respect to the charges within the time period as may be
specified in this behalf by the Judge conducting the inquiry in the matter.


(5) Where it is alleged that the Chairperson or Member of the 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 State Government stating therein his findings and the reasons
thereof on each of the articles of charges separately with such
observations on the whole case as he thinks fit.


(7) After receipt of the report under sub-rule (6), State Government
shall, in consultation with the Chief Justice of the Punjab and Haryana
High Court, decide to either remove or not to remove the Chairperson or
Member of the Authority or Appellate Tribunal, as the case may be.


30. 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 Appellate Tribunal and any other category of employees in the
matter of pay, allowances, leave, joining time, joining time pay, age of
superannuation and other conditions of service, shall be regulated in
accordance with such rules and regulations as are, from time to time,
applicable to the officers and employees of the State Government and
drawing the corresponding scales of pay.


(2) The State Government shall have power to relax the provisions of
any of these rules in respect of any class or category of officers or
employees.


31. Additional powers of the Appellate Tribunal.- In addition to the
powers specified in clause (g) of sub-section (4) of section 53, the
Appellate Tribunal shall exercise the following additional powers,-
(a) require the promoter, allottee or real estate agent to furnish in writing
such information or explanation or produce such documents within
such reasonable time, as it may deem necessary; and
(b) requisitioning, subject to the provisions of sections 123 and 124 of
the Indian Evidence Act, 1872 (1 of 1872), any public record or
document or copy of such record or document from any office.


32. The Appellate Tribunal may call upon such experts or consultants from
the fields of economics, commerce, accountancy, real estate, construction,
architecture, law or engineering or from any other discipline as it deems
necessary, to assist the Appellate Tribunal in the conduct of any inquiry
or proceedings before it.


33. Administrative powers of 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) officiating against sanctioned posts;


(b) authorization of tours to be undertaken by any Member, officer or
employee within India and the allowance(s) to be granted for the
same. For foreign tours, prior approval of the State Government
shall be required;


(c) all matters in relation to reimbursement of medical claims;


(d) all matters in relation to grant or rejection of leaves;


(e) permission for hiring of vehicles for official use. However, for the
number and type of vehicles to be hired, the prior approval of the
State Government shall be required;


(f) nominations for attending seminars, conferences and training
courses in India. For foreign training courses, prior approval of the
State Government shall be required;


(g) permission for invitation of guests to carry out training course;


(h) all matters pertaining to staff welfare expenses; and


(i) sanction regarding scrapping or write-off of capital assets which
due to normal wear and tear have become unserviceable or are
considered beyond economical repairs;


34. Functioning of the Appellate Tribunal.- (1) The office of the Appellate
Tribunal shall be located at such as may be determined by the State
Government by notification.


(2) The working days and office hours of the Appellate Tribunal shall
be the same as that of the normal working days and office hours of
other offices of the State Government.


(3) The official common seal and emblem of the Appellate Tribunal
shall be such as the State Government may specify.


(4) Every notice, order and judgement of the Appellate Tribunal shall
bear seal of the Appellate Tribunal which shall be in custody with
the person designated by the Chairperson.


(5) The Appellate Tribunal shall ordinarily have sittings at its
headquarters and at such places as the Chairperson may by general
or special order specify.

 

                                          CHAPTER VIII

                                      OFFENCES AND PENALTIES

 

35. Terms and conditions and the fine payable for compounding of
offence.- (1) The court shall, for the purposes of compounding any offence
punishable with imprisonment under the Act, accept an amount as specified below:-


Punishable with imprisonment under sb section (2) of section 59 - Upto ten percent of the estimated cost  of the ongoing real estate project.


Punishable with imprisonment under section 64- Upto ten percent of the estimated cost of the ongoing real estate project.


Punishable with imprisonment under section 66- Upto ten percent of the estimated cost of the plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated.


Punishable with imprisonment under section 68- Upto ten percent of the estimated cost of the plot, apartment or building, as the case may be.

 

(2) The promoter, allottee or real estate agent, as the case may be, shall
comply with the orders of the Authority or the Appellate Tribunal, within the
period specified by the court, which shall not be more than thirty days from
the date of compounding of the offence.


(3) On the payment of the sum of money in accordance with sub-rule (1)
and subsequent to compliance of the orders of the Authority or the Appellate
Tribunal as provided in sub-rule (2), any person in custody in connection with
that offence shall be set at liberty and no proceedings shall be instituted or
continued against such person in any court for that offence.


(4) The acceptance of the sum of money for compounding an offence under
sub-rule (1), by the Court shall be deemed to amount to be an acquittal within
the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of
1974).

 

                                       CHAPTER IX

            FILING OF COMPLAINT WITH THE AUTHORITY AND THE
            ADJUDICATING OFFICER.

 

Filing of complaint with the Authority and inquiry by the Authority.-


(1) Any aggrieved person may file a complaint with the 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 one thousand in the
form of a demand draft or a bankers cheque drawn on a scheduled bank
in favor of the Authority and payable at the branch of that bank at the
station where the seat of the Authority is situated.


(2) The Authority shall for the purposes of deciding any complaint as
specified under sub-rule (1), follow summary procedure for inquiry in
the following manner, namely:-


(a) upon receipt of the complaint, the Authority shall issue a notice
along with particulars of the alleged contravention and the relevant
documents to the respondent;


(b) the respondent against whom such notice is issued under clause (a) of sub-rule (2), may file his reply in respect of the complaint within the period as specified in the notice;


(c) the notice may specify a date and time for further hearing and the
date and time for the hearing shall also be communicated to the
complainant;


(d) on the date so fixed, the Authority shall explain to the respondent
about the contravention alleged to have been committed in relation
to any of the provisions of the Act or the rules and regulations
made thereunder and if the respondent,-


(i) pleads guilty, the Authority shall record the plea, and pass
such orders including imposition of penalty as it thinks fit in
accordance with the provisions of the Act or the rules and
regulations, made thereunder; or


(ii) does not plead guilty and contests the complaint, the Authority
shall demand an explanation from the respondent;


(e) in case the Authority is satisfied on the basis of the submissions
made that the complaint does not require any further inquiry, it may dismiss the complaint;

(f) in case the Authority is satisfied on the basis of the submissions
made that there is need for further hearing into the complaint, it
may order production of documents or other evidence on a date
and time fixed by it;


(g) the Authority shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;


(h) on the date so fixed, if the Authority, upon consideration of the
evidence produced before it and other records and submissions, is
satisfied that,-


(i) the respondent is in contravention of the provisions of the Act
or the rules and regulations made there under, it shall pass
such orders including imposition of penalty as it thinks fit in
accordance with the provisions of the Act or the rules and
regulations made there under; or


(ii) the respondent is not in contravention of the provisions of the
Act or the rules and regulations made there under the Authority
may, by order in writing, dismiss the complaint, with reasons
to be recorded in writing;


(i) if any person fails, neglects or refuses to appear, or present himself
as required before the Authority, the Authority shall have the power
to proceed with the inquiry in the absence of such person or persons
after recording the reasons for doing so.


37. Filing a complaint with the adjudicating officer and inquiry by the
adjudicating officer.- (1) Any aggrieved person may file a complaint
with the adjudicating officer for interest and compensation as provided
under sections 12, 14, 18 and 19 in Form 'N' which shall be accompanied
by a fee of one thousand rupees in the form of a demand draft or a
bankers cheque drawn on a scheduled bank in favor of the Authority
and payable at the branch of that bank at the station where the seat of
the Authority is situated.


(3) The adjudicating officer shall for the purposes of adjudging interest
and compensation follow summary procedure for inquiry in the
following manner, namely :-


(a) upon receipt of the complaint the adjudicating officer shall issue a
notice along with particulars of the alleged contravention and the
relevant documents to the respondent;

(b) the respondent against whom such notice is issued under clause (a) of sub-rule (2), may file his reply in respect of the complaint within the period as specified in the notice;


(c) the notice may specify a date and time for further hearing and the
date and time for the hearing shall also be communicated to the
complainant;


(d) on the date so fixed, the adjudicating officer shall explain to the
respondent about the contravention alleged to have been committed
in relation to any of the provisions of the Act or the rules and
regulations made there under and if the respondent,-


(i) pleads guilty, the adjudicating officer shall record the plea,
and by order in writing, order payment of interest as specified
in rule 15 and such compensation as he thinks fit, as the case
may be, in accordance with the provisions of the Act or the
rules and regulations, made there under; or


(ii) does not plead guilty and contests the complaint, the
adjudicating officer shall demand an explanation from the
respondent;


(e) in case the adjudicating officer is satisfied on the basis of the
submissions made that complaint does not require any further
inquiry ,he may dismiss the complaint;


(f) in case the adjudicating officer is satisfied on the basis of the
submissions made that there is need for further hearing into the
complaint, he may order production of documents or other evidence
on a date and time fixed by him;


(g) the adjudicating officer shall have the power to carry out an inquiry
into the complaint on the basis of documents and submissions;


(h) on the date so fixed, if the adjudicating officer, upon consideration
of the evidence produced before him and other records and
submissions, is satisfied that the respondent is,-


(i) liable to pay interest and compensation, as the case may be, the adjudicating officer may, by order in writing, order payment of interest as specified in rule 15 and such compensation, as he thinks fit, as the case may be, in accordance with the provisions with of the Act or the rules and regulations made
thereunder; or

(ii) not liable to any interest and compensation, as the case may be, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing;


(I) 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

 

Budget, accounts and audit.- (1) At the end of the financial year of
every year, the Authority shall prepare a budget, maintain proper accounts
and other relevant records and prepare an annual statement of accounts
in Form 'O'.


(2) The Authority shall preserve the accounts and other relevant
records prepared under sub-rule (1) for a minimum period of five years.


(3) The accounts and other relevant records under sub-rule (1) shall
be signed by the Chairperson, Members, Secretary and the officer incharge
of Finance and Accounts.


(4) The accounts of the Authority and the audit report shall, as soon as
possible, be submitted to the State Government for laying before the
State Legislature.


39. Annual Report.- (1) The Authority shall prepare its annual report in
Form 'P'.


(2) The Authority may also include in the Annual Report such other
matters as deemed fit by the Authority for reporting to the State
Government.


(3) The annual report shall, after adoption at a meeting of the Authority
and signed by the Chairperson and Members and authenticated by affixing
the common seal of the Authority, with requisite number of copies thereof,
be submitted to the State Government within a period of one hundred
and eighty days immediately following the close of the year for which it
has been prepared.

 

THE HARAYANA STATE REAL ESTATE (REGULATION AND DEVELOPEMENT ) RULES, 2017.

 

In exercise of the powers conferred by sub section (1) read with sub
section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) and with reference to the Haryana Government, Town and Country Planning Department, notification No. MISC-107(A)/ED(R)/1/55/2016-ITCP dated the 28th April, 2017 the Governor of
Haryana hereby makes the following rules, namely,-

 

                                              PART I

                                                   PRELIMINARY

 

   Short title and commencement.

1. (1) These rules may be called as the Haryana Real Estate (Regulation and
Development) Rules, 2017.


(2) They shall come into force on the date of their publication in the Official
Gazette.

 

Definitions.

2. (1) In these rules, unless the context otherwise requires, -


(a) "Act" means the Real Estate (Regulation and Development) Act, 2016
(Central Act 16 of 2016).


(b) "annexure" means an annexure appended to these rules;


(c) "association of allottees" means a collective of the allottees of a real
estate project, by whatever name called, registered under any law for
the time being in force, acting as a group to serve the cause of its
members, and shall include the authorised representatives of the
allottees;


(d) "authenticated copy" means a self-attested copy of any document
required to be provided by any person under these rules;


(e) "colony" shall have the same meaning as defined under the
Haryana Development and Regulation of Urban Areas Act, 1975 (8 of
1975).


Explanation.- Colony may contain more than one project and each
such project may be developed in phases.


(f) "common areas and facilities" shall have the same meaning as defined
in the Haryana Apartment Ownership Act, 1983 (10 of 1983) in case
of group housing, integrated commercial complex, cyber city/ park and
in case of plotted colony, shall have the same meaning as defined in
of the Haryana Development and Regulation of Urban Areas Act, 1975
(8 of 1975);


(g) "cyber city" shall have the same meaning as defined under the
Haryana Development and Regulation of Urban Areas Act, 1975 (8 of
1975);


(h) "cyber park" shall have the same meaning as defined under the
Haryana Development and Regulation of Urban Areas Act, 1975 (8 of
1975);


(i) "external development works" shall have the same meaning as defined
under the Haryana Development and Regulation of Urban Areas Act,
1975 (8 of 1975);


(j) "form" means a form appended to these rules;


(k) "group housing" shall have the same meaning as defined under the
Haryana Development and Regulation of Urban Areas Act, 1975 (8 of
1975);


(l) "integrated commercial complex" shall have the same meaning as
defined under the Haryana Development and Regulation of Urban
Areas Act, 1975 (8 of 1975);


(m) "internal development works" shall have the same meaning as defined
under the Haryana Development and Regulation of Urban Areas Act,
1975 (8 of 1975);


(n) "layout plan" means a plan of the colony depicting the division or
proposed division of land into plots, roads, open spaces, etc and other
details, as may be necessary;


(o) "on going project" means a project for which a license was issued for
the development under the Haryana Development and Regulation of
Urban Area Act, 1975 on or before the 1st May, 2017 and where
development works were yet to be completed on the said date, but
does not include:


(i) any project for which after completion of development works, an
application under Rule 16 of the Haryana Development and
Regulation of Urban Area Rules, 1976 or under sub code 4.10 of the
Haryana Building Code 2017, as the case may be, is made to the
Competent Authority on or before publication of these rules and


(ii) that part of any project for which part completion/completion,
occupation certificate or part thereof has been granted on or before
publication of these rules.


(p) "parking" shall have the same meaning as defined in the Haryana
Building Code 2017(Building Rules);


(q) "project land" means any parcel or parcels of land on which the
project is developed and constructed by a promoter;


(r) "section" means a section of the Act;


(s) "Government" means the Government of the State of Haryana;


(t) "schedule" means a schedule appended to these rules;


(u) "structural defects" means actual physical damage/ defects to the
designated load-bearing elements of the building, apartment or unit
like faults, breakage or cracks, appearing over time in elements such as
load bearing columns, walls, slabs, beams etc. which can affect the
strength and stability of the apartment or the building and shall include
any of the following, namely:-


(i) defects due to design attributes of reinforced cement concrete
(RCC) or structural mild steel (MS) elements of an engineered
(structurally designed) building structure;


(ii) defects due to faulty or bad workmanship of RCC or MS work;


(iii) defects due to materials used in such RCC or MS work;


(iv) major cracks in masonry work that are induced as result of failures
of RCC or MS work;


(v) any defect which is established to have occurred on account of
negligence, use of inferior materials or non-adherence to the
regulatory codes of practice by the promoter.


Explanation:- The promoter shall not be liable for any such
structural/ architectural defect induced by the allottee, by means of
carrying out structural or architectural changes from the original
specifications/ design.


(2) Words and expressions used but not defined in these rules, shall have the
same meanings respectively assigned to them in the Act.

 

                                                PART II

                                     REAL ESTATE PROJECT

 

3. Application for registration under section 4.

 

(1) An application to the Authority for registration of the real estate project
shall be made in writing in Form 'REP-I', in triplicate to furnish the following
information and documents alongwith those specified under section 4 of the
Act, for registration of the project with the Authority, namely.-


(a) authenticated copy of the PAN card of the promoter;


(b) annual report including the liabilities on the books of the builder,
specially its debt to asset ratio, audited profit and loss account,
balance sheet, cash flow statement, directors report and the
auditors report of the promoter for the immediately preceding three
financial years; and where annual report is not available, the
audited profit and lost account, balance sheet, cash flow statement
and the auditors report of the promoter for the immediately
preceding three financial years;


(c) the number of open parking areas and the number of covered
parking areas available in the real estate project;


(d) authenticated copy of the legal title deed reflecting the title of the
promoter to the land on which development of project is proposed
along with legally valid documents for chain of title with
authentication of such title;


(e) details of encumbrances on the land on which development of
project is proposed; including details of any rights, title, interest,
dues, litigation and name of any party in or over such land. Non
encumbrance certificate issued by the concerned revenue authority
not below the rank of Tehsildar;


(f) where the promoter is not the owner of the land on which
development of project is proposed, details of the consent of the
owner(s) of the land along with a copy of the registered (wherever
applicable) collaboration agreement, development agreement, joint
development agreement or any other agreement, as the case may
be, entered into between the promoter and such owner and copies
of title and other documents reflecting the title of such owner on
the land on which project is proposed to be developed;


(g) name, photograph, contact details and address of the promoter if it
is an individual and the name, photograph, contact details and
address of the chairman, partners, directors, as the case may be,
and the authorized person, in case of other entities.


(2) The promoter shall pay a registration fee at the time of application for
registration by way of a demand draft or a banker's cheque in favour of
"Haryana Real Estate Regulatory Authority" drawn on any Scheduled bank
or through online payment mode, as the case may be, for a sum calculated
at the rate mentioned in Schedule-1.



(3) The declaration to be submitted under clause (l) of sub-section (2) of
section 4, shall be in Form 'REP-II', which shall include a declaration
stating that the promoter shall not discriminate against any allottee at the
time of allotment of any apartment, plot or building, as the case may be on
the grounds of sex, cast, creed, colour, religion etc. The promoter may
have differential pricing of units/ apartments/ plots.

 

4. Additional disclosure by Promoters of ongoing projects. section 4

 

(1) The promoter of an ongoing project shall make an application to the
Authority to furnish the following information, namely:-


(a) the total money collected from the allottees, money spent on
development of the project and the balance/ unspent amount lying
with the promoter;


(b) status of the project (extent of the development carried out till
date and the extent of the development pending) including the
original time period disclosed to the allottees for completion of
the project at the time of sale including the delay and the time
period within which he undertakes to complete the pending
project, which shall be commensurate with the extent of
development already completed, and this information shall be
certified by an engineer, an architect and a chartered accountant.


(2) The promoter shall disclose the size of the apartment based on the carpet
area even if 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 allottees to that extent.


(3) In case of a plotted development, the promoter shall disclose the area of
the plot being sold to the allottees as per the demarcation/ zoning plan
approved by the competent authority.


(4) For ongoing and new projects, the promoter shall, within a period of
three months of the application for registration of the project with the
Authority, deposit in a separate bank account, seventy percent of the amount
already realized from the allottees, which shall be utilized for meeting the
land and construction cost of the project as provided under sub-clause(D) of
clause (l) of sub-section (2) of section 4 which shall be used for the purposes
specified therein.


Explanation.- (1) For the purposes of sub-clause (D) of clause (l) of sub-section
(2) of section 4, the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease, registrationcharges, stamp duty and brokerage cost etc.


(2) The construction cost shall be the cost incurred by the promoter, towards the on-site expenditure for the physical of the project inclusive of all statutory charges as well as external development charges (EDC).


(5) A Project where an application under rule 16 of the Haryana Development and
Regulation of Urban Area Rules, 1976 or under sub-code 4.10 of the Haryana
Building Code 2017, as the case may be, is made to the competent Authority on or before publication of these rules but the grant of part completion/ completion under The Haryana Development and Regulation of Urban Area Rules, 1976 or
occupation certificate, part thereof, under sub code 4.10 of the Haryana Building
Code 2017, as the case may be, is refused by the Competent Authority, whether
before, on or after 31.07.2017,the promoter shall have to make an application to
the Haryana Real Estates Regulatory Authority for registration of the project
within thirty days of receipt of communication of such refusal by the applicant.

 

5. Grant or rejection of registration of project.

 

(1) Upon the registration of a project, the Authority shall issue a registration
certificate with a registration number in Form 'REP-III' to the promoter for
the stipulated period of completion of the project as mentioned in the
application of the promoter provided that the license and other permissions
granted to the promoter by the competent authorities are valid at the time of
such registration. In case, the stipulated time of such registration is beyond
the validity period of license, then the promoter shall renew his said license/
permissions for the remaining period well in time. Otherwise, his
registration may be cancelled after giving him an opportunity of being heard.


(2) In case of rejection of the application, the Authority shall inform the
promoter in Form 'REP-IV':


Provided that, the Authority may grant an opportunity to the promoter to
rectify the defects, if any, within a period of thirty days from the date of
issuance of communication regarding such defects.

 

6. Extension of registration of project.

(1) The registration granted under the Act, may be extended by the
Authority, on an application made by the promoter in Form REP-V, in
triplicate within three months prior to the expiry of the registration granted.


(2) The application for extension of registration shall be accompanied with a
demand draft or a bankers cheque in favour of "Haryana Real Estate
Regulatory Authority" drawn on any Scheduled bank or through online
payment mode, as the case may be, for an amount equivalent to half the
registration fees as prescribed under sub-rule (2) 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, Court
orders, Government policy/ guidelines, decisions, the Authority may at its
discretion, waive the extension fee of registration.


(3) In case of extension of registration, the Authority shall inform the
promoter about the same in Form 'REP-VI' and in case of rejection of the
application for extension of registration, the Authority shall inform the
promoter about such rejection in Form REP-IV.


Provided that, the Authority may grant an opportunity to the promoter to
rectify the defects, if any, within a period of thirty days from the date of
issuance of communication regarding such defects.

 

7. Revocation of registration of project.

 

Upon the revocation of registration of a project under section 7, the
Authority shall inform the promoter about such revocation in Form 'REPIV'.
Provided that, the promoter shall be given an opportunity of being heard
before revocation of registration of his project.

 

8. Agreement for sale.

 

(1) The agreement for sale shall be as per Annexure 'A'.


(2) Any application letter, allotment letter or any other document signed by the allottees, in respect of the apartment, plot or building, prior to the execution and
registration of the agreement for sale for such apartment, plot or building, as the
case may be, shall not be construed to limit rights and interests of the allottees
under the agreement for the sale or under the Act or the rules for the regulations
made thereunder.

 

                                                        PART III

                                                  REAL ESTATE AGENT

 

(1) Every real estate agent shall make an application in writing to the
Authority in Form REA-I, in triplicate, for registration alongwith following
documents, namely:-


(a) the brief details of his enterprise including its name, registered
address, type of enterprise (proprietorship, society, partnership,
company etc.);


(b) the particulars of registration (whether as a proprietorship, partnership,
company, society etc.) including the bye-laws, memorandum of
association, articles of association, etc. as the case may be;


(c) name, address, contact details and photograph of the real estate agent,
if it is an individual and the name, address, contact details and
photograph of the partners, directors etc. in case of other entities;


(d) the authenticated copy of the PAN card of the real estate agent;


(e) the authenticated copy of the address proof of the place of business;


(f) 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 or a bankers cheque in favour of
"Haryana Real Estate Regulatory Authority" drawn on any Scheduled bank or
through online payment, as the case may be, for a sum calculated at the rate
mentioned in Schedule II.

 

10. Grant of registration to real estate agent. (section 9).

 

(1) On receipt of the application under rule 9, the Authority shall within a
period of thirty days either grant registration to the real estate agent or reject
the application, as the case may be:


Provided that, the Authority may grant an opportunity of being heard to the
real estate agent to rectify the defects, if any, within a period of thirty days
from the date of issuance of communication regarding such defects.


(2) Upon the registration of a real estate agent, the Authority shall issue a
registration certificate with a registration number in Form REA-II to the real
estate agent.


(3) In case of rejection of the application, the Authority shall inform the
applicant in Form REA-III.


(4) The registration granted under this rule shall be valid for a period of five
years.

 

11. Renewal of registration of real estate agent. (Section 9)

 

(1) The registration granted to a real estate agent under the Act, may be
renewed, on an application made by the real estate agent in Form REA-IV,
in triplicate, within three months prior to the expiry of the registration
granted.


(2) The application for renewal of registration shall be accompanied with a
demand draft or a bankers cheque in favour of "Haryana Real Estate
Regulatory Authority" drawn on any Scheduled bank or through online
payment, as the case may be, for a sum calculated at the rate mentioned in
Schedule II.


(3) The real estate agent shall also submit all the updated documents set out
in clauses (a) to (f) of sub-rule (1) of rule 9 at the time of application for
renewal.


(4) In case of renewal of registration, the Authority shall inform the real
estate agent about the same in Form REA-V and in case of rejection of the
application for renewal of registration, the Authority shall inform the real
estate agent in Form REA-III:


Provided that no application for renewal of registration shall be rejected,
unless the real estate agent has been given an opportunity of being heard:


Provided further that the Authority may grant an opportunity to the real
estate agent to rectify the defects, if any, within a period of thirty days
from the date of issuance of communication regarding such defects.


(5) The renewal granted under this rule shall be valid for a period of five
years.

 

12. Revocation of registration of real estate agent. (section 9)

 

The Authority may revoke the registration granted to the real estate agent or
renewal thereof, as the case may be, shall intimate the real estate agent of
such revocation in Form REA-III.

 

13. Books of accounts, records and documents. (section 10).

 

The real estate agent shall maintain and preserve its books of account, records
and documents in accordance with the provisions of the Income Tax Act,
1961 (43 of 1961) and the rules made thereunder.

 

                                           PART IV

          DETAILS TO BE PUBLISHED ON THE WEBSITE OF THE AUTHORITY

 

14. Details to be published on the website. (section 34.)

(1) The Authority shall ensure that the following information, shall be made
available on its website in respect of each project registered under the Act,
namely:-


(a) details of the promoter including the following, namely:


(i) promoter or group profile:


(A) a brief detail of his enterprise including its name, registered
address, type of enterprise (proprietorship, limited liability
partnership, society, partnership, company, competent
authority) and the particulars of registration of such enterprise
and in case of a newly incorporated or registered entity, brief
details of the parent entity including its name, registered
address, type of enterprise (whether as proprietorship, society,
limited liability partnership, partnership, company, competent
authority);


(B) background of the promoter, work experience of the promoter
and in case of a newly incorporated or registered entity, work
experience of the chairman, directors, partners, as the case
may be and that of the authorised persons of the parent entity;


(C) name, address, contact details and photograph of the promoter
in case of an individual and in other cases, the name, address,
contact details and photograph of the chairman, directors,
partners, as the case may be and that of the authorised
persons.


(ii) Track record of the promoter in the State:


(A) number of years of experience of the promoter or parent
entity, as the case may be, in real estate development;


(B) number of completed projects and area constructed till date in
the past five years including the status of the projects, delay in
its completion, details of type of land and payments pending;


(C) number of ongoing projects and proposed area to be
constructed launched in the past five years including the
status of the said projects, delay in its completion, details of
type of land and payments pending;


(D) details and profile of ongoing and completed projects for the
last five years as provided under clause (b) of sub-section (2)
of section 4:


Provided that if the promoter does not have past experience of developing
real estate project within the State, the Authority may ask number of
years of experience of the promoter or parent entity, as the case may be,
in real estate development in other States or Union Territories.


Above information are required to be given in a prescribed manner as per
'Annexure - B'.


(iii) Litigations: Details of ongoing litigation in the past five years in
relation to the real estate projects developed or being developed
by the promoter in the State.


Above information are required to be given in a prescribed manner as per
'Annexure - C'.


(iv) Website:


(A) web link of the promoter or parent entity, as the case may be;


(B) web link of the project.


(b) details of the real estate project including the following, namely:


(i) advertisement and prospectus issued in regard to the project;


(ii) compliance(s) and registration details,-


(A) authenticated copy of the approvals/ sanctions received from
the competent authority as provided under clause (c) of subsection
(2) of section 4;


(B) the original and subsequent sanctioned zoning/ building plan,
layout plan and specifications of the project or the phase
thereof, and the whole project as sanctioned by the competent
authority as provided under clause (d) of sub-section (2) of
section 4;


(C) details of the registration granted by the Authority under the
Act;.


(iii) Apartment, plot and parking related details,-


(A) details of the number, type and carpet area of apartments for
sale in the project along with the area of the exclusive
balcony or verandah areas and the exclusive open terrace
areas with the apartment, if any, or details of the number,
type and area of plots for sale in the project or both, as the
case may be;


(B) details of the number and area of garage/ parking space for
sale in the project;


(C) Details of the number and areas of parking space including
surface, stilt and basement as provided in sanctioned
building/ site plans and available in the project;


(iv) registered real estate agents,- names and addresses of real estate
agents for the project alongwith his registration number issued by
the Authority;


(v) details of consultants, contractors, architect, structural engineers
and other persons concerned with the development of the real
estate project such as-


(A) name and address of the person;


(B) names of firms/ association/ enterprise/ promoters, as the
case may be;


(C) year of establishment;


(D) names and profile of key projects completed;


(vi) location:- the details of the location of the project in revenue
estate, Tehsil and District with clear demarcation of land where
the project is situated along with its boundaries including its
latitudes and longitudes;


(vii) Development Works Plan:


(A) The plan of development works to be executed in the
proposed project and the proposed facilities to be provided as
per approval in the service plan estimates regarding provision
of basic infrastructure like water supply, sewerage, drainage,
electricity, horticulture, ,fire fighting facilities, emergency
evacuation services, use of renewable energy, etc., as the case
may be;


(B) Amenities:- a detailed note explaining the salient features of
the proposed project including access to the project, design
for electric supply including street lighting, water supply
arrangements and site for disposal and treatment of storm and
sullage water, and any other facilities and amenities or public
health services proposed to be provided in the project;


(C) Gantt charts or milestone charts and project schedule:- the
plan of development works to be executed in the project and
the details of the proposed facilities to be provided thereof
and the respective timelines to achieve the same;


(c) financial details of the promoter,-


(i) the authenticated copy of the PAN card of the promoter;


(ii) the annual report including the liabilities on the books of the builders,
specially its debt to asset ratio audited profit and loss account, balance
sheet, cash flow statement, director's report and the auditor's report of
the promoter for the immediately preceding three financial years and
where annual report is not available then the audited profit and loss
account, balance sheet, cash flow statement and the auditors report of the
promoter for the immediately preceding three financial years and in case
of newly incorporated or registered entity such information shall be
disclosed for the parent entity;


(d) the promoter shall upload the following updates on the webpage for the
project, within fifteen days from the expiry of each quarter, namely:-


(i) list of number and types of apartments or plots, booked;


(ii) list of number of garages/ parking space booked;


(iii) status of the project,-


(A) Status of construction of each building with photographs;


(B) Status of construction of internal infrastructure and common areas
with photographs.


(iv) Status of approvals:


(A) approval received;


(B) approvals applied for and expected date of such approvals as per
notification no. 7/31/2014-3AR dated 07.05.2015 of the Haryana
Right to Service Act, 2014, (4 of 2014);


(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 licence, permit or approval
for the project.


(e) the details of approvals, permissions, clearances, legal documents:


(i) Approvals:


(A) authenticated copy of the licence or land use permission, sanctioned
building(s) plan and other sanctions from the competent authority
obtained in accordance with the laws applicable and where the
project is proposed to be developed in phases, an authenticated copy
of the licence or land use permission, sanctioned layout plan/
building(s) plan as the case may be for each of such phase(s);

(B) authenticated copy of the site plan or site map showing the location
of the project land along with names of revenue estates, survey
numbers, cadastral numbers, khasra numbers and area of each
parcels of the project land;


(C) authenticated copy of the layout plan of the project or the phase(s)
thereof, and also the layout plan of the whole project as sanctioned
by the competent authority and other specifications of the project;
(D) floor plans for each tower and block including clubhouse, amenities
and common areas;


(E) any other permission, approval or sanction that may be required
under applicable law including fire no-objection certificate,
permission from water and sewerage department etc.;


(F) authenticated copy of part completion/ completion certificate,
occupation certificate or part thereof.


(ii) legal documents-


(A) the details including the proforma of the application form, allotment
letter, agreement for sale and the conveyance deed of land;


(B) authenticated copy of the legal title deed reflecting the title of the
land on which development of such project or its phase(s) is
proposed, as the case may be;


(C) land title search report from an advocate having experience of at
least ten years;


(D) details of encumbrances on the land on which development of
project is proposed; including details of any rights, title, interest,
dues, litigation and name of any party in or over such land. Non
encumbrance certificate issued by the concerned revenue authority
not below the rank of Tehsildar;


(E) where the promoter is not the owner of the land on which
development is proposed, details of the consent of the owner(s) of
the land along with a copy of the registered (wherever applicable)
collaboration agreement/ development agreement/ joint development
agreement or any other agreement, as the case may be, entered into
between the promoter and such owner(s) and copies of title and
other documents reflecting the title of such land proposed to be
developed;


(F) details of sanction/ approval letter obtained from bank(s)/ financial
institution/ organization for the purposes of home loan tie-up;


(f) Contact details:- name, address, contact numbers and email-id of the
promoter/ authorised person and other officials related to the project, as the
case may be.


(2) The Authority shall maintain a database related to the project(s) and
ensure that the information specified therein shall be made available on its
website in respect of each project(s) revoked or penalised, as the case may
be.


(3) The Authority shall ensure that the following information shall be made
available on its website in respect of each real estate agent(s) registered with
it or whose application for registration has been rejected or revoked, namely:-


(a) for real estate agents registered with the Authority:-


(i) registration number and the period of validity of the registration of
the real estate agent with the Authority;


(ii) brief details of his enterprise including its name, registered address,
type of enterprise (whether as proprietorship, society, partnership,
company etc.);


(iii) particulars of registration as proprietorship, society, partnership,
company etc. including the bye-laws, memorandum of association,
articles of association, etc., as the case may be;


(iv) name, address, contact details and photograph of the real estate
agent, if it is an individual and the name, address, contact details
and photograph of the partners, directors, etc. in case of other
persons;


(v) authenticated copy of the PAN card of the real estate agent/ agency;


(vi) authenticated copy of the address proof or the place of business and
the contact address, contact numbers and email-id of the real estate
agent/ agency and its other officials;


(b) In case of applicants, whose application for registration as a real estate
agent have been rejected or real estate agents whose registration has
been revoked by the Authority:-


(i) registration number and the period of validity of the registration of
the real estate agent with the Authority;


(ii) brief details of his enterprise including its name, registered address,
type of enterprise (whether as proprietorship, society, partnership,
company, etc.);


(iii) name, address, contact details and photograph of the real estate
agent if it is an individual and the name, address, contact details
and photograph of the partners, directors, etc. in case of other
persons;


(c) such other documents or information as may be specified by the Act or
the rules and regulations made thereunder.


(4) The Authority shall maintain a back-up, in digital form, of the contents
of its website in terms of this rule, and ensure that such back-up is updated
regularly.

 

                                        PART V

                  INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND
                  TIMELINES FOR REFUND

 

15. Interest payable by promoter and Allottee (Section 19)

 

An allottee shall be compensated by the promoter for loss or damage
sustained due to incorrect or false statement in the notice, advertisement,
prospectus or brochure in the terms of section 12. In case, allottee wishes to
withdraw from the project due to discontinuance of promoter's business as
developers on account of suspension or revocation of the registration or any
other reason(s) in terms of clause (b) sub-section (I) of Section 18 or the
promoter fails to give possession of the apartment/ plot in accordance with
terms and conditions of agreement for sale in terms of sub-section (4) of
section 19. The promoter shall return the entire amount with interest as well
as the compensation payable. The rate of interest payable by the promoter to
the allottee or by the allottee to the promoter, as the case may be, shall be the
State Bank of India highest marginal cost of lending rate plus two percent. In
case, the allottee fails to pay to the promoter as per agreed terms and
conditions, then in such case, the allottee shall also be liable to pay in terms
of sub-section (7) of section 19:


Provided that in case the State Bank of India marginal cost of lending rate
(MCLR) is not in use, it shall be replaced by such benchmark lending rates
which the State Bank of India may fix from time to time for lending to the
general public.

 

16.Timelines for refund. (section 9)

 

Any refund of money alongwith the applicable interest and compensation
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 a
period of ninety days from the date on which such refund alongwith
applicable interest and compensation, as the case may be, becomes due.

 

                                        PART VI

                     REAL ESTATE REGULATORY AUTHORITY

 

17. Manner for appointment of Chairperson and Members. (section 22)

 

(1) As and when, vacancies of Chairperson or any other Member in the
Authority exists or arises, or is likely to arise, the Government may make a
reference to the Selection Committee in respect of the vacancies to be filled.


(2) The Selection Committee may, for the purpose of selection of the
Chairperson or Member of the Authority, follow such procedure as deemed
fit including the appointment of a Search Committee consisting of such
persons as the Selection Committee considers appropriate to suggest a panel
of names for appointment as a Chairperson or Member of the Authority.


(3) The Selection Committee shall select two persons for each vacancy and
recommend the same to the Government.


(4) The Selection Committee shall make its recommendation to the
Government within a period of sixty days from the date of reference made
under sub-rule (1).


(5) The Government shall within thirty days from the date of receipt of the
recommendation by the Selection Committee, appoint one of the two
persons recommended by the Selection Committee for the vacancy of the
Chairperson or Member, as the case may be.

 

18. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of Authority. section 24

 

(1) The salaries and allowances payable to the Chairperson and Members of
the Authority shall be as follows, namely:


(a) the Chairperson of the Authority shall be paid a salary equivalent to
that of the Chief Secretary of the State Government; if he is or has
been in the service of the Central/ State Government or shall be paid a
consolidated monthly salary of ` two lakh fifty thousand rupees; if he
has not been in Central/ State Government;


(b) the Members of the Authority shall be paid a salary equivalent to
Principal Secretary of the State Government; if he is or has been in the
service of the Central/ State Government or shall be paid a
consolidated monthly salary of ` two lakh rupees; if he has not been in
Central/ State Government;


(2) The Chairperson and Member shall be entitled to thirty days of earned
leave for every completed year of service.


(3)The Chairperson and Members shall be entitled to residential houses and
vehicles as per their entitlement;


(4) All other allowances and conditions of service of the Chairperson and the
Member shall be such, as determined by the State Government from time to
time.

 

19. Administrative powers of the Chairperson of Authority. (section 25)

 

The Chairperson of the Authority shall exercise the following powers,
namely:-


(a) matters pertaining to staff strength, wages and salary structures,
emoluments, perquisites and personnel policies with the prior approval
of the Government;


(b) matters pertaining to creation and abolition of posts, appointments,
promotions and confirmation of employee of Group 'A' and 'B' with
the prior approval of the Government;


(c) acceptance of resignations of employees of Group C and D.


(d) acceptance of resignation of Group 'A' and 'B', employees and
Member(s), with prior approval of the Government;


(e) authorization of tours to be undertaken by any Member, officer or
employee within the State and outside;


(f) matters in relation to reimbursement of medical claims;


(g) matters in relation to grant or rejection of leave(s).


(h) permission for hiring of vehicles for official use;


(i) nomination for attending seminars, conferences and training courses
the State and outside;


(j) permission for invitation of guest(s)/ experts to carry out training
course;


(k) matters pertaining to staff welfare and expenses;


(l) sanction of new capital assets or scrapping/ write-off of capital assets
which have become unserviceable or are considered beyond
economical repairs;


(m) matters relating to disciplinary action against any officer or employee
of the Authority.

 

20. Salary and allowances payable to and the other terms and conditions
of service of officers and employees of Authority. (section 28)

 

(1) The conditions of service of the officers and employees of the Authority in
the matter of pay, allowances, leave, joining time, joining time pay, age of
superannuation and other conditions of service, shall be regulated in
accordance with such rules and regulations as are, from time to time,
applicable to officers and employees of the State Government.


(2) The Government shall have power to relax the provisions of any of above
rules in respect of any class or category of officers or employees.

 

21. Additional powers of Authority. (section 35)

 

(1) In addition to the powers specified in clause (iv) of sub-section (2) of
section 35, the Authority may require the promoter(s), allottee(s) or real
estate agent(s) to furnish in writing such information or explanation or
produce such documents within such reasonable time, as it may deem
necessary.


(2) The Authority may call upon such experts or consultants from the fields
of urban planning, economics, commerce, accountancy, real estate,
competition, construction, architecture, law or engineering or from any other
discipline as it deems necessary, to assist the Authority in the conduct of any
inquiry or proceedings before it.


(3) The Authority may in the interest of the allottees, inquire into the
payment of amounts imposed as penalty, interest or compensation, paid or
payable by the promoter, in order to ensure that the promoter has not,-


(a) withdrawn the said amounts from the account(s) maintained under
sub-clause (D) of clause (l) of sub-section (2) of section 4; or;


(b) used any amounts paid by the allotte(s) to such promoter for that real
estate project for which the penalty, interest or compensation is
payable, or any other real estate project(s); or


(c) recovered the amounts paid/ payable as penalty, fine or compensation
from the allottees of the relevant real estate project or any other real
estate project.


(4) For the purpose of adjudging the compensation under section 12, 14, 18
and 19, the Authority shall in consultation with Government appoint one or
more officers, who shall not be below the rank of Class-I Officer/ Additional
District Judge who have sufficient expertise and experience for holding
judicial/ quasi judicial court/ enquiry. The adjudicating officer shall give a
reasonable opportunity of hearing to the parties before determining the
compensation.

 

                                                 PART VII

                         REAL ESTATE APPELLATE TRIBUNAL

 

22.Appeal and fees (section 31 and 44)

 

(1) Every appeal filed under sub-section (1) of section 44, shall be filed in
Form 'AAT', in triplicate, along with the following documents, namely:-


(a) true copy of the order against which the appeal is filed;


(b) copies of the documents relied upon by the appellant and referred to in
the appeal; and;


(c) an index of the documents.


(2) Every appeal shall be accompanied by a fee as specified in Schedule - III
in the form of a demand draft or a bankers cheque drawn on a Scheduled
bank in favour of the Appellate Tribunal.


(3) In case of an appeal sent by post, it shall be deemed to have been
presented to the Appellate Tribunal on the day on which it is received in its
office.


(4) Where a party to the appeal is represented by an authorised person, a
copy of the authorisation to act as such and the written consent thereto by
such authorised person, both in original, shall be appended to the appeal or
the reply to the notice of the appeal, as the case may be.


(5) The procedure for day to day functioning of the Appellate Tribunal, shall
be such, as may be adopted by it.

 

23. Selection of Members of Appellate Tribunal

 

(1) As and when vacancies of a Member(s) in the Appellate Tribunal exists
or arises, or is likely to arise, the Government may make a reference to the
Selection Committee in respect of the vacancies to be filled.


(2) The Selection Committee may, for the purpose of selection of the
Member of the Appellate Tribunal, follow such procedure as deemed fit
including the appointment of a Search Committee consisting of such
persons as the Selection Committee considers appropriate to suggest a panel
of names for appointment as Member(s) of the Appellate Tribunal.


(3) The Selection Committee shall select two persons for each vacancy and
recommend the same to the Government.


(4) The Selection Committee shall make its recommendation to the
Government within a period of sixty days from the date of reference made
under sub-rule (1).


(5) The Government shall within thirty days from the date of the receipt of
the recommendation by the Selection Committee, appoint one of the two
persons recommended by the Selection Committee for the vacancy of the
Member(s).

 

23A. Salary and allowances payable and other terms and
conditions of service of Chairperson and Members of Appellate Tribunal. (section 48)

 

(1) The salaries and allowances payable to the Chairperson and Members of
the Appellate Tribunal shall be as follows, namely:-


(a) the Chairperson shall be paid a monthly salary equivalent to the last
drawn salary by such person, as a Judge of a High Court;


(b) the Member shall be paid a monthly salary equivalent to the salary
drawn at the maximum of the scale of pay of Additional Secretary to
the Government of India:


Provided that any person who has held a post with the Government,
senior than that of Additional Secretary to the Government of India,
prior to becoming a Member, he shall be paid a monthly salary
corresponding to the post at which he retired.


(2) The Chairperson and Member shall be entitled to thirty days of earned
leave for every completed year of service.


(3) The Chairperson and member shall be entitled to residential houses and
vehicles as per their entitlement.


(4) All other allowances and conditions of service of the Chairperson and the
other Member shall be such, as may be determined by the State Government,
from time to time.

 

24. Salary and allowances payable and other terms and conditions of service of officers and other employees of Appellate Tribunal. (section 51)

 

(1) The conditions of service of the officers and employees of the Appellate
Tribunal and any other category of employees in the matter of pay,
allowances, leave, joining time, age of superannuation and other conditions
of service, shall be regulated in accordance with such rules and regulations
as are applicable to officers and employees of the Government and drawing
the corresponding scales of pay.


(2) The Government shall have power to relax the provisions of any of these
rules in respect of any class or category of officers or employees, as the case
may be.

 

25.Additional powers of Appellate Tribunal. (section 53)

 

(1) In addition to the powers specified in clause (g) of sub-section (4) of
section 53, the Appellate Tribunal may require the promoter(s), allottee(s) or
real estate agent(s) to furnish in writing such information or explanation or
produce such documents within such reasonable time, as it may deem
necessary.


(2) The Appellate Tribunal may call upon such experts or consultants from
the fields of urban planning, economics, commerce, accountancy, real estate,
competition, construction, architecture, law or engineering or from any other
discipline as it deems necessary, to assist the Appellate Tribunal in the
conduct of any inquiry or proceedings before it.

 

26. Administrative powers of Chairperson of Appellate Tribunal. (section 54)

 

The Chairperson of the Appellate Tribunal shall exercise the administrative
powers in respect of,


(a) matters pertaining to staff strength, wages and salary structures,
emoluments, perquisites and personnel policies with prior approval of
the Government;


(b) matters pertaining to creation and abolition of posts with prior approval
of the Government;


(c) matters pertaining to appointments, promotions and confirmation for all
posts with prior approval of the Government;


(d) acceptance of resignations by any Member(s) or officer(s) with prior
approval of the Government;


(e) authorisation of tours to be undertaken by any Member, officer or
employee within and outside State;


(f) matters in relation to reimbursement of medical claims;


(g) matters in relation to grant or rejection of leaves;


(h) permission for hiring of vehicles for official use;


(i) nominations for attending seminars, conferences and training courses
within and outside State;


(j) permission for invitation of guests/ experts to carry out training course;


(k) matters pertaining to staff welfare expenses;


(l) sanction of new capital assets or scrapping/ write-off of capital assets
which have become unserviceable or are considered beyond economical
repairs


(m) all matters relating to disciplinary action against any officer or
employee.

 

                                             PART VIII

                                  OFFENCES AND PENALTIES

 

27. Enforcement of order, direction or decision of adjudicating officer, Authority or Appellate Tribunal. (section 40)

 

(1) Every order passed by the adjudicating officer or the Authority or the
Appellate Tribunal, as the case may be, under the Act or rules and the
regulation made thereunder, shall be enforced by an adjudicating officer of
the Authority or Appellate Tribunal in the same manner as if it were a decree
or a order made by a civil court in a suite pending therein; and it shall be
lawful for the adjudicating officer or the Authority or the Appellate Tribunal,
as the case may be, in the event of its inability to execute the order, send
such order to the civil court, to execute such order.


(2) The court may, for the purposes of compounding any offence punishable
with imprisonment under the Act accept an amount as specified in the Table
below:-

Punishable with imprisonment under sub section (2) of section 59- -five to ten percent of the estimatedcost of the real estate project.

 

Punishable with imprisonment under section 64.- five to ten percent of the estimated cost of the real estate project

 

Punishable with imprisonment under section 66.- five to ten percent of the estimated cost of the plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated.

 

Punishable with imprisonment under section 68.- five to ten percent of the estimated cost of the plot, apartment or building, as the case may be.

 

                                       PART IX

                        FILING OF COMPLAINT WITH THE AUTHORITY AND
                        THE ADJUCATING OFFICER

 

28. Filing of complaint with the Authority (Section 31)

 

(1) Any aggrieved person may file a complaint with the Authority for any
violation of the provisions of the Act or the rules and regulations made
thereunder, save as those provided to be adjudicated by the adjudicating
officer, in Form 'CRA', in triplicate, which shall be accompanied by a fees as
prescribed in Schedule III in the form of a demand draft or a bankers cheque
drawn on a Scheduled bank in favour of "Haryana Real Estate Regulatory
Authority".


(2) The Authority shall for the purposes of deciding any complaint as
specified under sub-rule (1), follow summary procedure for inquiry in the
following manner, namely:-


(a) upon receipt of the complaint, the Authority shall issue a notice
alongwith particulars of the alleged contravention and the relevant
documents to the respondent specifying date and time of hearing;


(b) the respondent against whom such notice is issued under clause (a) of
sub-rule (2), shall file his reply in respect of the complaint within the
period as specified in the notice;


(c) the notice shall specify a date and time for further hearing and the date
and time for the hearing shall also be communicated to the
complainant;


(d) on the date so fixed, the Authority shall explain to the respondent
about the contravention alleged to have been committed in relation to
any of the provisions of the Act or the rules and regulations made
thereunder and if the respondent.


(i) pleads guilty, the Authority shall record the plea, and pass such
orders including imposition of penalty as it deems fit in accordance
with the provisions of the Act or the rules and regulations, made
thereunder;


(ii) does not plead guilty and contests the complaint, the Authority
shall demand an explanation from the respondent;


(e) in case the Authority is satisfied on the basis of the submissions made
that the complaint does not require any further inquiry, it may dismiss
the complaint with reasons to be recorded in writing;


(f) in case the Authority is satisfied on the basis of the submissions made
that there is a need for further hearing into the complaint, it may order
production of documents or other evidence(s) on a date and time fixed
by it;


(g) the Authority shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;


(h) the Authority shall have the power to summon and enforce the
attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any documents which in the
opinion of the adjudicating officer, may be useful for or relevant to the
subject matter of the inquiry, and in taking such evidence, the
Authority shall not be bound to observe the provisions of the Indian
Evidence Act, 1872 (11 of 1872);


(i) on the date so fixed, the Authority upon consideration of the evidence
produced before it and other records and submissions, is satisfied that,


(i) the respondent is in contravention of the provisions of the Act or
the rules and regulations made 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 Authority may,
by order in writing, dismiss the complaint, with reasons to be recorded in writing;


(j) if any person fails, neglects or refuses to appear, or present himself as
required before the Authority, the Authority shall have the power to
proceed with the inquiry in the absence of such person or persons after
recording the reasons for doing so.


(3) The procedure for day to day functioning of the Authority, which have
not been provided by the Act or the rules made thereunder, shall be as
specified by regulations made by the Authority.


(4) Where a party to the complaint is represented by an authorised person,
as provided under section 56, a copy of the authorisation to act as such and
the written consent thereto by such authorised person, both in original, shall
be appended to the complaint or the reply to the notice of the complaint, as
the case may be.

 

29. Filing of complaint and inquiry by adjudicating officer. (sections 12, 14, 18
and 19.)

 

(1) Any aggrieved person may file a complaint with the adjudicating officer
for interest and compensation as provided under sections 12, 14, 18 and 19 in
Form 'CAO', in triplicate, which shall be accompanied by a fee as mentioned
in Schedule III in the form of a demand draft or a bankers cheque drawn on a
Scheduled bank in favour of "Haryana Real Estate Regulatory Authority"
and payable at the branch of that bank at the station where the seat of the said
Authority is situated.


(2) The adjudicating officer shall for the purposes of adjudging interest and
compensation follow summary procedure for inquiry in the following
manner, namely:-


(a) upon receipt of the complaint, the adjudicating officer shall issue a
notice along with particulars of the alleged contravention and the
relevant documents to the respondent;


(b) the respondent against whom such notice is issued under clause (a) of
sub-rule (2) may file his reply in respect of the complaint within the
period as specified in the notice;


(c) the notice may specify a date and time for further hearing and the date
and time for the hearing shall also be communicated to the
complainant;


(d) on the date so fixed, the adjudicating officer shall explain to the
respondent about the contravention alleged to have been committed in
relation to any of the provisions of the Act or the rules and regulations
made thereunder and if the respondent,


(i) pleads guilty, the adjudicating officer shall record theplea, and by order in writing, order payment of interest as specified in rule 15 and such compensation as he deems fit, as the case may be, in accordance with the provisionsof the Act or the rules and regulations, made thereunder;


(ii) does not plead guilty and contests the complaint, the adjudicating officer shall demand and explanation from the respondent;


(e) in case the adjudicating officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry, he may dismiss the complaint;


(f) in case the adjudicating officer is satisfied on the basis of the submissions made that the there is a need for further hearing into the complaint, he may order production of documents or other evidence on a date and time fixed by him;


(g) the adjudicating officer shall have the power to carry out an inquiry
into the complaint on the basis of documents and submissions;


(h) the adjudicating officer shall have the power to summon and enforce
the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence.


(i) on the date so fixed, the adjudicating officer upon consideration of the
evidence produced before him and other records and submissions is
satisfied that the respondent is,-


(i) liable to pay interest and compensation, as the case may be, the adjudicating officer may, by order in writing, orderpayment of interest as specified in rule 14 and such compensation as he deems fit.


(ii) not liable to any interest or compensation, as the case may be, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing;


(j) if any person fails, neglects or refuses to appear, or present himself as required before the adjudicating officer, the adjudicating officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.


(3) The procedure for day to day functioning of the adjudicating officer, which have not been provided by the Act or the rules made thereunder, shall be as specified by regulations made by the Authority.


(4) Where a party to the complaint is represented by an authorised person, a
copy of the authorisation to act as such and the written consent thereto by
such authorised person, both in original, shall be appended to the complaint
or the reply to the notice of the complaint, as the case may be.

 

                                             PART X

                                  BUDGET AND REPORT

 

30. Budget, accounts and audit. (section 77)

(1) At the end of each financial year, the Authority shall prepare a budget,
maintain proper accounts and other relevant records and prepare an annual
statement of accounts in Form 'ASA'.


(2) The Authority shall preserve the accounts and other relevant records
prepared under sub-rule (1) for a minimum period of five years.


(3) The accounts and other relevant records under sub-rule (1) shall be signed
by the Chairperson, Members, Secretary and the officer in-charge of Finance
and Accounts.


(4) The accounts of the Authority and the audit report shall, as soon as possible,
be submitted to the Government for laying before the Parliament.

 

31. Annual report (section 78)

 

(1) The Authority shall prepare its annual report in Form 'ARA'.


(2) The Authority may also include in the Annual Report such other matters
as deemed fit by the Authority for reporting to the Government.


(3) The annual report shall, after adoption at a meeting of the Authority and
signed by the Chairperson and Members and authenticated by affixing the
common seal of the Authority, with requisite number of copies thereof, be
submitted to the Government within a period of one hundred and eighty days
immediately following the close of the financial year for which it has been
prepared.