Rule, 2020

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, THURSDAY, OCTOBER 8, 2020

(ASVINA 16, 1942 SAKA) ( lxxxvi )

LEGISLATIVE SUPPLEMENT

Contents Pages Part - I Acts Nil Nil Part - III Delegated Legislation

1. Corrigendum dated the 25th September, 2020, in the Government of Punjab, Department of Housing and Urban Notification No. G.S.R.19/C.A.16/ 2016/Ss.

2 and 84/2017, dated the 8th June, 2017.

2. Notification No. G.S.R. 79/C.A.16/2016/ S.84/Amd.(1)/2020, dated the 25th September, 2020, containing amendment in the Punjab State Real Estate (Regulation and Development) Rules, 2017.

Part - IV Correction Slips, Republications and Replacements Nil

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

CORRIGENDUM

The 25th September, 2020 In the Government of Punjab, Department of Housing and Urban Development, Notification No.G.S.R.19/C.A.16/2016/Ss.2 and 84/2017, dated the 8th June, 2017,-

(i) in the preamble, FOR “Punjab,”, READ “Punjab”;

(ii) in rule 1, FOR “commencement:”, READ “commencement.-”;

(iii) in rule 2, in sub-rule (1), -

(a) in clause (c), FOR “allottees.”, READ “allottees;”;

(b) in clause (g), FOR “projects as the case may be.”, READ “projects, as the case may be;”;

(c) in clause (h), FOR “Section 2(s) and Section 2(t)”, and “project.”, READ “clauses (s) and (t) of section 2”, and “Project;” respectively;

(iv) in rule 8, in sub-rule (3), -

(a) FOR “Promoter”, wherever occurring, READ “promoter”;

(b) FOR “Allottee”, wherever occurring, READ “allottee”;

(v) in rule 12, in the heading, FOR “Registration”, READ “registration”;

(vi) in rule 15, in sub-rule (1); -

(a) in item A, -

(i) in sub-item (i), FOR “Promoter or group Profile”, READ “promoter or group profile”;

(ii) in sub-item (ii)(e), FOR “Section 4”, READ “section 4”; and

(iii) in sub-item (iv)(b), FOR “website.”, READ “website;”;

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(b) in item (B), -

(i) in sub-items (ii)(a) and (b), FOR “Section 4”, READ “section 4”, respectively;

(ii) in sub-item (iv), FOR “Names”, READ “names”;

(iii) in sub-item (vii), - (A) FOR “development Plan”, READ “development plan”;

(B) in clause (c), FOR “Project schedule”, and “same; and”, READ “project schedule”, and “same;”, respectively;

(C) in clause (d), FOR “The detailed”, and “to be used.”, READ “the detailed”, and “to be used; and”, respectively; and (D) in clause (e), FOR “etc”, READ “etc.;”;

(iv) in item C (ii), FOR “parent entity.”, READ “parent entity;”

(v) in item D, in sub-item (iv), - (A) FOR “Status”, READ “status”; and (B) in clause (d), FOR “project.”, READ “project;”;

(vi) in item E, in sub-item (ii) (a), FOR “the Performa”, READ “the proforma”; and

(vii) in item F, FOR “contact details”, READ “Contact details”;

(vii) in rule 25, in the margin heading, FOR “Section 40(g)”, READ “Section 40(2)”;

(viii) in rule 28,- (A) FOR “(1) The salaries and allowances”, READ “The salaries and allowances”;

(B) under the heading captioned as ‘(b) the Member:’,

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(ASVN 16, 1942 SAKA) in item 1 (d), FOR “01.01.2016”, READ “Ist January, 2016”;

(C) in item 1(e), FOR “Govt.” wherever occurring, READ “Government”; and (D) in item 2 (i), FOR “Govt.” wherever occurring, READ “Government”;

(ix) in rule 35, in the margin heading , FOR “Section 70(1)”, READ “Section 70”;

(x) in rule 37,- (A) after sub-rule (1), FOR “(3) The adjudicating officer”, READ (2) The adjudicating Officer”; and (B) in clause (I), appearing after clause (h), FOR “(I)”, READ “(i)”;

(xi) in rule 39,- (A) FOR “Annual Report”, appearing as heading, READ “Annual report”;

(B) in sub-rule (2), FOR “Annual Report”, READ “annual report”.

SARVJIT SINGH,

Principal Secretary to Government of Punjab, Department of Housing and Urban Development.

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

(HOUSING-II BRANCH)

NOTIFICATION

The 25th September, 2020

No. G.S.R. 79/C.A.16/2016/S.84/Amd.(1)/2020.- In exercise of the powers conferred by section 84 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 further to amend the Punjab State Real Estate (Regulation and Development) Rules, 2017, namely: -

RULES

1. (1) These rules may be called the Punjab State Real Estate (Regulation and Development) ( First Amendment) Rules, 2020.

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

2. In the Punjab State Real Estate (Regulation and Development) Rules, 2017 (hereinafter referred to as the said rules), in the Notification No. G.S.R. 19/C.A.16/2016/Ss.2 and 84/2017, dated the 8th June, 2017 (vide which said rules were notified in the Official Gazette), -

(i) in the No., the figure and word ''2 and'' shall be omitted;

(ii) in the preamble, the words, brackets and figure ''read with sub-clause (iv) of clause (g) of section 2'' shall be omitted; and

(iii) after the preamble, the word ''RULES'' shall be inserted.

3. In the said rules, in rule 2, in sub-rule (1),-

(i) clause (b) shall be omitted;

(ii) after clause (i), the following clause shall be inserted, namely:- "(ia) 'Schedule' means the Schedule appended to these rules;"; and

(iii) clause (l) shall be omitted.

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4. In the said rules, for rules 3, 4, 5, 6 and 7, the following rules shall be substituted, namely: - "3. Information and document to be furnished for registration of a real estate project. - (1) The promoter shall make an application to the Authority online in such format as specified by it on its official website, alongwith all necessary documents specified in sub-section (2) of section 4, and such other information as specified below, 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;

(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 the 'Non Encumbrance Certificate' from the Revenue Authority (duly authorised in this behalf by the Government);

(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

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

(2) The promoter shall make payment of registration fee, as specified in the Schedule appended to these rules, online through Electronic Clearing Service or by way of demand draft or a banker cheque drawn on any Scheduled Bank in favour of the Authority or in any other mode as may be specified by the Authority from time to time.

(3) The promoter shall submit a declaration in Form 'B' as provided under clause (l) of sub-section (2) of section 4.

(4) The promoter of a real estate who obtains a license for his project, or the exemption under the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995), after coming into force of these rules shall also make an application to the Authority, for registration of his project, within a period of three months from the date of such grant of license or exemption, as the case may be, in the manner specified above.

4. Disclosure by the promoter of an ongoing project. - (1) The promoter of an ongoing project, who had not obtained the completion certificate or partial completion certificate, as the case may be, till the date of coming into force of the Act, shall also make an application to the Authority, within a period of three months, for registration of their project, as specified in rule 3 above.

(2) The promoter shall disclose the complete details of his project and its present status to the Authority including its status of the project at the time of making the application and the time left in its completion.

(3) The promoter shall disclose all the project details (i.e. the size of the apartment based on carpet area even if such apartment had been sold earlier on any other basis, like super area, super built up area or built up area, which shall not affect the validity of the agreement entered into between the promoter and allottee.

(4) The promoter shall disclose to the Authority about the area of the plots sold, in case he has developed the project by cutting plots, for sale.

5. Grant of registration certificate. - (1)The Authority shall grant registration certificate to the promoter in Form 'C', after considering the application made by the promoter for registration of his project, within a period of thirty days.

(2) In case the Authority is not satisfied with the information given by the promoter in his application, it may inform the applicant regarding rejection of his application in Form 'D':

Provided that the Authority shall give an opportunity to the promoter, for removing the defects in the application submitted by him, within such time as may be specified by the Authority, before taking any decision on the application of the promoter.

(3) In case the applicant is not informed about the granting or registration or rejection of application for registration of his project within a period of thirty days, then such project shall be deemed to have been registered for the purposes of these rules.

6. Extension of registration of the project. - (1) The promoter shall make an application for extension of his registration in Form 'E' or online on the official website of the Authority, within a period of three months prior to the expiry of the registration certificate.

(2) The application for extension of the registration shall be subject to the payment of fee, as specified in the Schedule:

Provided that where the promoter has to make an application for extension due to force majeure (i.e. natural calamities), in that case such promoter, shall not be liable to pay fee, for the extension of his project.

(3) The Authority after considering the application for extension made by the promoter, shall inform the promoter in Form 'F', regarding grant of extension. In case the Authority is not satisfied with the reasons for extension in the registration period, it shall accordingly inform the promoter in Form 'D': Provided that the Authority may, grant an opportunity to the promoter for removing the defects, if any, in the application in the aforesaid Form 'E', within such time as may be specified by it, before taking any decision on the application of the promoter.

7. Revocation of registration. – In case of revocation of the registration certificate of a project in terms of the provisions section 7 of the Act, the Authority shall inform the promoter, of such revocation in Form 'D'."

5. In the said rule, in rule 8, -

(i) for sub-rule (1), the following sub-rule shall be substituted, namely:-

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2020

(ASVN 16, 1942 SAKA) "(1) For the purposes of sub-section (2) of section 13, the agreement for sale shall be in Form 'Q'.; and

(ii) in sub-rule (3), in the first proviso, for the words “alterations as per”, the words “ alterations under” shall be substituted.

6. In the said rules, in rule 9, -

(i) in sub-rule (1), for the words “register as per” and “Authority as per”, the words “register under” and “Authority in” shall, respectively, be substituted; and

(ii) in sub-rule (2), for the words “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-I”, the words “for registration as specified in the Schedule, online through Electronic Clearing Service, or by way of demand draft or a banker cheque drawn on any Scheduled Bank in favour of the Authority or in any other mode as may be specified by the Authority from time to time.” shall be substituted.

7. In the said rules, in rule 11,-

(i) for sub-rule (2), the following sub-rule shall be substituted, namely: - “(2) The application for renewal of registration alongwith such fee as specified in the Schedule appended to these rules, online through Electronic Clearing Service, or by way of demand draft or a banker cheque drawn on any Scheduled Bank in favour of the Authority or in any other mode as may be specified by the Authority from time to time."; and

(ii) for sub-rule (4), except the provisos, the following sub-rule shall be substituted, namely:- “(4) In case of renewal of registration, the Authority shall inform the real estate agent regarding renewal in Form ‘K’ and upon rejection of the application for renewal of registration, the Authority shall also intimate the real estate agent regarding rejection of application in Form ‘I’:”

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8. In the said rules, in rule 12, for the words “such revocation as per”, “such revocation in” shall be substituted.

9. In the said rules, in rule 15, in sub-rule (1), -

(i) in item B, in sub-item (iii), for the words and sign “garage/ covered”, wherever occurring, the words “garage or covered” shall, respectively, be substituted;

(ii) in item D, in sub-item (ii), for the words and sign "garages/ covered", the words "garage or covered" shall be substituted; and

(iii) in item E, in sub-item (i), in clause (b), for words and sign “khasra/khautni”, the words “khasra or khatauni” shall be substituted.

10. In the said rules, in rule 20,-

(i) in clause (i), the word “and” appearing at the end, shall be omitted; and

(ii) in clause ( j ), at the end, for sign “.”, the sign “;" shall be substituted and thereafter, the following clauses shall be inserted, namely: - “(k) all matters relating to the administrative control, functioning, monitoring and general superintendence of the adjudicating officers, including the quality of disposal of their cases; and

(l) any other matter that may be required for the efficient functioning of the Authority for carrying out the provisions of the Act and these rules.”

11. In the said rules, in rule 26, -

(i) in sub-rule (2), for the words “filed as per”, the words “filed in” shall be substituted; and

(ii) in sub-rule (6), in the proviso, for the words “the appellate or”, the words “the appellant or” shall be substituted.

12. In the said rules, in rule 28, under the heading captioned as “(b) the Member”, -

(i) in serial No.3, in item (ii), for the words “Principal Secretary

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(ASVN 16, 1942 SAKA) of State of Punjab”, the words “Principal Secretary to Government of Punjab” shall be substituted; and

(ii) in serial No. 4 and serial No. 5, for the words “Principal Secretary Grade Officer of the State of Punjab”, the words “Principal Secretary to Government of Punjab” shall be substituted.

13. In the said rules, in rule 34, in sub-rule (1), for the words “located at such as”, the words “located at such place as” shall be substituted.

14. In the said rules, in rule 36, in sub-rule (1), for the words “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.”, the words “a fee of rupees one thousand, online through Electronic Clearing Service, or by way of demand draft or a banker cheque drawn on any Scheduled Bank in favour of the Authority or in any other mode as may be specified by the Authority from time to time.” shall be substituted.

15. In the said rules, in rule 37, -

(i) in sub-rule (1), for the words “a fee of one thousand rupees in the form of a demand draft or a bankers cheque drawn on a scheduled bank in favour of the Authority and payable at the branch of that bank at the station where the seat of the Authority is situated.”, the words “ a fee of rupees one thousand, online through Electronic Clearing Service, or by way of demand draft or a banker cheque drawn on any Scheduled Bank in favour of the Authority or in any other mode as may be specified by the Authority from time to time, on its official website.” shall be substituted; and

(ii) in sub-rule (2), in clause (h), in sub-clause (i), for the words “in accordance with the provisions with”, the words “in accordance with the provisions” shall be substituted.

16. In the said rules, after rule 39, for the words, letter, brackets and figures, “ANNEXURE ‘A’ [See rule 7] AGREEMENT FOR SALE (To be inserted)”, the following shall be substituted, namely:-

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2020

(ASVN 16, 1942 SAKA) "SCHEDULE [See rules 3(4), 6(2), 9(2) and 11(2)]"

A. RATES OF REGISTRATION FEE

Serial Zone/Area Category wise charges (in rupees) per square yard No. Residential Group Commercial Industrial Plots Housing (Apartments) 1 Master Plan Area of 3 5 10 2 Chandigarh and Zirakpur;

2 Master Plan Area of 2 4 8 1.5 Kharar, Dera Bassi and Banur;

3 Ludhiana (within and 3 5 10 2 outside municipal limits upto 15 Kms.);

4 Jalandhar (within and 2 4 8 1.5 outside municipal limits upto 10 Kms.);

5 Amritsar, Patiala, Khanna, 2 4 6 1.5 Rajpura, Mandi Gobindgarh, Sirhind and Phagwara within and outside municipal limits upto 7 Kms and NH-1 upto 2 Kms., on both sides, outside the potential zone;

6 Bathinda, Moga, Batala, 2 3 4 1 Pathankot, Barnala, Malerkotla, Morinda, Hoshiarpur, within and outside municipal limits upto 5 Kms.;

7 Sangrur, Sunam Udham Singh 1 2 3 1 Wala, Nabha, Faridkot, Kotkapura, Ferozepur, Malout,

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(ASVN 16, 1942 SAKA) Abohar, Sri Muktsar Sahib, Kapurthala, Nawanshahr, Rupnagar, Taran Taran, Gurdaspur, Samana, Jagraon, Mansa, Lalru, Kurali within and outside municipal limits upto 3 Kms and all other Scheduled Roads upto outside the potential zone; and 8 Rest of Punjab 1 2 3 1 B. FEE FOR EXTENSION OF PERIOD OF REGISTRATION. - The rate of fee for extension of registration period, of a project, shall be half the rate of registration fee, of the respective zone/area.

Note: - A promoter,-

(i) shall be liable to pay the aforesaid fee on the total area of the project land; and

(ii) shall be liable to pay late fee at such rates as may be specified by the Authority from time to time, in case he fails to submit his application for registration of the project in time.

C. REGISTRATION AND RENEWAL FEE OF THE LICENSE OF A REAL

ESTATE AGENT

Serial . Type Registration Renewal No fee 1 For sole proprietor 5,000 3000 2 Where the proprietorship is in the form of the 25,000 12,000'' Firm (consisting of more than one person)

17. In the said rules, Form 'A' shall be omitted.

18. In the said rules, in Form ‘B’, for the words and sign “I_____________promoter of the proposed project /duly authorized by the promoter of the proposed project do hereby”, the words and sign “I____________promoter/ or his duly authorized agent of the proposed project, namely, ______, do hereby” shall be substituted.

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19. In the said rules, -

(1) in Form ‘C’,-

(i) in para 2, -

(a) in condition (i),for the word and letter "Annexure A", the word and letter "Form Q" shall be substituted;

(b) in condition (ii), for the words “areas as per section 17”, the words “areas as specified in section 17” shall be substituted; and

(c) in condition (iv), for the words "renewed by the Real Estate Regulatory Authority in accordance with section 6 read with rule 7 of the Act", the words "extended by the Real Estate Regulatory Authority in accordance with the provisions of section 6 read with rule 6 of these rules" shall be substituted; and

(ii) in para 3, for the words “ as per the”, the words “in accordance with the provisions of the” shall be substituted;

(2) in Form ‘D’ and Form ‘F’, for the figures and brackets “6(4)”, the figures and brackets “6(3)” shall be substituted;

(3) in Form ‘H’, in Para 4, for the words “as per the”, the words “in accordance with the provisions of the” shall be substituted;

(4) in Form ‘K’, in Para 4, for the words “as per the”, the words “in accordance with the provisions of the” shall be substituted;

(5) in Form ‘M’, in Para 7, for the words “Complainant not pending”, the words “Complaint not pending” shall be substituted; and

(6) in Form ‘P’, in Para IV, for the words “of the provisions rules”, the words “of the provisions of these rules” shall be substituted.

20. In the said rules, in Annexure ‘A’, -

(1) for the title "Annexure 'A'", and the words, figures and brackets “[sub-rule (1) of rule 8], the title words, figures and brackets “Form 'Q' [See rule 8(1)]” shall, respectively, be substituted;

(2) for clause G, the following clause shall be substituted, namely: "G. The Allottee had applied for an apartment in the Project, vide Application No. ________ dated ______, and

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(ASVN 16, 1942 SAKA) has been allotted Apartment No. ________ , having carpet area of _________ square feet, Type _____, on ______ floor, in Tower/Block/Building No. _______, along with Garage/Closed Parking No. ______ (with exact location), admeasuring ______ square feet, as permissible under the applicable law and of pro rata share in the 'common area' as defined under clause (n) of section 2 of the Act, with complete description of the apartment (alongwith the floor plan or the plot, as the case may be, the garage or closed parking if any, with such apartment or plot, shall be annexed with the Agreement for Sale describing the boundaries in all four directions (i.e. North, South, East and West, respectively); OR The Allottee had applied for a plot in the Project, vide Application No. _______ dated ________, and has been allotted Plot No. ______ , having area of _________ yards and the area for garage/closed parking ________ (with exact location), admeasuring ______ square feet (if applicable), as permissible under the applicable law and of pro rata share in the 'common area' as defined under clause (n) of section 2 of the Act, with its complete description indicating boundaries in all four directions as above;"

(3) in Para 1.4, for the words and bracket "the payment plan set out in Schedule C ("Payment Plan").", the words "the payment plan mutually set out by the Promoter and the Allottee, shall be annexed with the Agreement for Sale" shall be substituted;

(4) in Para 1.7, for the words "after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority", the words ''after completion of construction work of the Building and the occupancy certificate or such other certificate (by whatever name may be called), is granted by the competent authority," shall be substituted;

(5) for Para 5, the following Para shall be substituted, namely: - "5. Time. – The time is of essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the Project and handing

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(ASVN 16, 1942 SAKA) over the Apartment or Plot, as the case may be, to the Allottee and the common areas to the association of the Allottees after receiving the occupancy [or such other certificate (by whatever name may be called)], or the completion certificate or both, as the case may be.

Similarly, the Allottee shall make timely payments of the installments and other dues payable by him and shall meet other obligations under the Agreement of Sale, subject, however, to the simultaneous completion of the construction work by the Promoter as per the payment plan set out in Para 1.4.";

(6) in Para 7.2, for the words "occupancy certificate* from", the words "occupancy certificate or such other certificate (by whatever name may be called), from" shall be substituted;

(7) in Para 7.4, for the words "occupancy certificate*", the words "occupancy certificate or such other certificate (by whatever name may be called)" shall be substituted;

(8) in Para 10, for the words "occupancy certificate*", the words "occupancy certificate or such other certificate (by whatever name may be called)" shall be substituted; and

(9) in Para 33, for the words “All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.”, the words “In case of any dispute arising out of or in relation to the terms and conditions of this Agreement, the same shall be settled amicably through discussion by the parties concerned, failing which the same shall be settled either by the Authority or the adjudicating officer, duly appointed under the Act, as the case may be.” shall be substituted.

21. In the said rules, at the end, -

(i) the SCHEDULE ‘A’, SCHEDULE ‘B’ and SCHEDULE ‘C’ shall, respectively, be omitted; and

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(ii) the words "* or such other certificate by whatever name called issued by the competent authority." shall be omitted.

SARVJIT SINGH,

Principal Secretary to Government of Punjab, Department of Housing and Urban Development.

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