Rajasthan Real estate (Regulation and Development) Rules 2017

Rule, 2017

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Were Weertsra Published by Authority Vaisakha 13, Wednesday, Saka 1939—May 3, 2017 WT 6 (@) - Urban Development Department
NOTIFICATION
: Jaipur, May 1, 2017 No.F.10(32)/UDH/3/2009 Part .-In exercise of the powers conferred by section 84 of theReal Estate (Regulation and Development) Act, 2016 (Central Act No.16 of 2016), the StateGovernment, hereby makes the Rajasthan Real Estate (Regulation and Development) Rules,2017. i By Order of theGovernor, Rajendra Singh Shekhawat, Joint Secretary to the Government.
Urban Development Department
NOTIFICATION
: Jaipur, May 1, 2017 ~ No. F.10(32)/UDH/3/2009 Part .-In exercise of the powers conferred by section 84 ofthe Real Estate (Regulation and Development) Act, 2016 (Central Act No.16 of 2016), the StateGovernment hereby makes the following rules, namely:- : Preliminary
1. Short title and Commencement.- (1) These rules may be called the i. yasthan RealEstate (Regulation and Development) Rules, 2017, .(2) They shall come into force from the date oftheir publication in the OfficialGazeute.2. Definitions.- (1) In these tules, unless the context otherwise requires,-(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (CentralAct No.16 of 2016); 4 (b)-“authenticated copy” means a self-attested copy of any document required to beprovided by any person under thesetules;
(c) “Form” means a form appended to these rules;
(d) “layout plan” means a plan ofthe project depicting the division or Pi poseddivision of land into plots, roads, open spaces, amenities, etc. and other det ils asmay be necessary and includes building layout plan;
(e) "limited common areas and facilities" means those common areas and faci ties' which are designated in writing by the Promoter before the allotment, sale orother transfer of any apartment as reserved for use of certain apartment orapartments to the exclusion ofthe other apartments. E
(f) "planning area" means a planning area or a development area as specified underthe master plan; s
(g) “project land”meansany piece, parcel or parcels of land on which the project isdeveloped and constructed by a promoter; and ee(h) “section” means a section ofthe Act. pe(2) Words and expressions used but not defined in these rules shall have the same meaningtespectively assigned to them in the Act..
CHAPTER-II
Real Estate Project
3. Additional information and documents to be furnished by the promoter forregistration of project.- (1) The promoter shall furnish the following additional information anddocuments, along with those specified under the section 4, for registration of the real estateproject with the Authority naniely:- f
(a) authenticated copy ofthe PAN card ofthe promoter;
(b) audited balance sheet of the promoter for thepreceding financial year;©) the number of parkingareas in éach type of parking such as open, basement,stilt, mechanical, parking etc. available in the said real estateproject;
(d) copy of the legal title deed reflecting thetitle oF the promoter to the land on which the real estate project is proposed to be developed along with legally valid documents for chain of title with authentication of such title;
(e) the details of encumbrances on the land on which development isproposed including any rights, title, interest or name of any party in or‘over such land along with details;
(f) where the promoter is not the owner of the land on which development is proposed details of the consent of the owner ofthe land along with a copy ofthe collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, duly executed, entered into between the promoter and such owner and copies of title and other dcuments reflecting the title of such owner.on the land proposed to be developed; and
(g) such other information and documents, as may be specified by the regulations.
(2) An application referred to in sub-section (1) of section 4 shall be madein writing in Form-A which shall be submittedin triplicate, untii theapplication procedureis made web based as provided under sub-section (3) of section 4.
(3) The promoter shall pay a registration fee at the time ofapplication forregistration byway of a demand draft, a bankers cheque drawn on any scheduled bahk or through online pamen "mode, as the case may be, for a sum calculated at the rate of,- (a)in case of group housing projects rupees five per square meter for project where the area of land proposed to be developed does not exceed one thousand square meters or rupees ten per square meter for projects where the area of land proposed to be developed exceeds one thousand”Square meters but shall not be more than five lakhs rupees;
(b) in case of mixed development (residential and commercial) projects rupzes ten per square meter for project where the area of land proposed to be developed does not exceed one thousand square meters or rupees fifteen per square meter for projects where the area of land proposed to be developed exceeds one thousaiid square meters but shall not be more than ten lakhs rupees;
(c)in case of commercial projects rupees twenty per square meterfor projects where the area of land proposed to be developed does not exceed one thousand square meters or rupees twenty five per square meter for commercial or any other projects, where the area of land proposed to be developed exceeds one thousand square meters but shall not be more than ten lakhs rupees; and ‘ (d)in case of plotted development projects rupees five per square meter but shall not be more than two lakhs rupees;
(4) The declaration to be submitted under clause (1) of sub-section (2) of section 4 shall bein Form-B which.shall include a declaration stating that the promoter shall not discriminate on the basis of caste, religion, language, region, sex or marital status against any allottee at the time of allotment of any apartment, plot or building, as the case may be. :
(5) In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of thirty davs provided under sub-section (1) of section 5, registration fee to the extent of five percent paid under sub-rule (3) above, or rupees twenty five thousand whichever is more, shall be retained as processing fee by the Authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal. :
4. Disclosure by promoters of ongoing projects.- (1) Upon the commencement of sub- section (1) of section 3, promoters of all ongoing projects which have not received completion certificate as required under local law shall within the time serine in the said sub-section make an application to the Authorityin rule 3.
(2) The promoter shall disclose all project details as wiquinad under the Act, rules and regulations made thereunder including the status ofthe project and the extent ofcompletion.
(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 ofthe 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) Where the project is to be developed as separate buildingsin phases, every such building or group of buildings as decided or declared by the promoter at the time of registration shall be considered as a phase and the promoter shall obtain registration under the Act =each phase separately.
Explanation : For the purpose of this rule “ongoing project" means a project wheredevelopment is going on and for which completion certificate has not beenissued but excludes such projects which fulfill any of the following criteria: on the date ofcommencement ofrelevant provisions of the Act:-
(i) where common areas and facilities have been handed over to the association of allottees or the competent authority, as the case may be, for maintenance;
(ii) where sale/lease deeds or possession letter of minimum sixty percent of‘the apartments /houses/plots in the phase/project have been executed: :(iii) where all development works have been completed and completioncertificate has been obtained from chartered engineer in practice as perprevalent Township Policy; :
(iv) where completion certificate has been obtained from the competent authority or where all development works have been completed and application has been filed with the competent authority;
(v) where development is done in phases then each phase shal’ be considered.as a separate project and the phases which fulfill any of the aboveconditions shall be excluded;
(vi) where competent authorities/local bodies have started issuing lease deedsfor plots by organising camps or otherwise in township schemes; or
(vii) where services have been handed over to the local authority for-Maintenance or more than fifty percent of the development charges forthe same have been deposited to the localauthority.
5. Withdrawal of sums deposited in separate account.- (1) For the purposes of sub-clause (D) of clause (1) of sub-section (2) of section 4, the land cost shall be the cost incurred bythe promoter whether as an outriight purchase, lease charges etc. and includes,-
(i) revenue or area share given to land owner in lieu of land under any kind ofagreement such as Joint Venture, Joint Development etc, in case the Promoter is_ not the owner of the land,
(ii) amount paid to land owner,
(iii) incidental costs related to acquisition of land such as stamp duty, brokerage,"settlement costs of litigation, premiums paid to government authorities related toland, ; :
(iv) interest on finance for purchase of land, (v)_ litigation costs incurred for landacquisition,
(vi) property and other taxes, fees, premiums paid. :(2) Fer the purposes of sub-clause (D) of clause (1) of sub-section (2) of section 4, theconstruction cost shall be the total cost incurged.by the promoter, towards the on-site expenditurefor the physical development of the project and includes fees payable to the architects,consultants, project _managers/staff including engineers, marketing agents ete.fees/charges/security deposit payable to various departments/authorities, Labor Cess, VATwhich are incurred during the development of theproject.
6. Grant or rejectionof registration of the project.- (1) Upon the registration of aproject under section 5, the’‘Authority shall grant a registration certificate with a registration number in-Form-C to the promoter.
(2) In case of rejection of the application as per section 5 the Authority shall inform theapplicant in Form-D.
7. Extension of registration of the project.- (1) The registration granted under section 5,may be extended as per section 6, on an application made by the promoter in Form-E prior to theexpiry of the registration granted. :
(2) The application for extension of registration shall be accompanied with a demand drafi orbankers cheque drawn on any scheduled bank or proof of payment through onliné mode, as thecase may be, for an amount equivalent to half of the registration fee as specified under sub-rule(3) of rule 3 along with an explanatory note setting out the reasons for delay in the completion ofthe project and the need for extension of registration for the project, along with documentssupporting such reasons: Provided that where extensiun of registration is due to force majeure the Authority mayat its discretion waive the fee for extension ofregistration. ; (3. Extension of registration of the projectshall not be beyond the period provided as per locallaws for completion of the project or phase thereof, as the case may be.
(4) In case of extension of registration the Authority shall grant the certificate for extension of registration in Form-F to promoter andin case of rejection of the application for extension of registration the Authority shall inform the promoter, in Form-D about the same: Provided that no application for. extension of registration shall be ngocted unless the applicant has been given an opportunity ofbeing heardin the matter.
8. Revocation of registration of the project.- Upon the revocation ofregistration of a project as per section 7 the Authority shall inform the promoter iin Form-D about such revocation.
9. Agreement for sale.- (1) For the purpose of sub-section (2) of section 13, the agreement for sale shall bein Form-G,
(2) Any application, letter, allotment letter or any other document signed jee the allottee,in respect of the apartment, plot or building, prior to the execution and registratior of the agreement for sale for such apartment, plot or building, as the case may be, shall not be :onstrued to limit the rights and interests of the allottee or the promoter under the agreement for sale, under the Act, the rules or the regulations made thereunder.
CHAPTER- III
Real Estate Agent *
10. 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 applicationin Form-H to the Authority along with the following documents, namely:-
(a) brief details of his enterprise includirg its name, registered address, type of enterprise (proprietorship, societys.partnership, company etc.);
(b) . particulars of registration (whether proprietorship, society, partnership, company etc.) including the bye-laws, rnemorandum of association, articles of association etc. as the case may be;
(c) photograph of the real estate agent if it.is an individual and the photograph of the partners, directors etc. in case of other entities;
(d) authenticated copy of the PAN card;
(e) authenticated copy of the address proofofthe place of business; and
(f) such other information and documents, as may be specified by regulations.
(2) The real estate agent shall paya registration fee at the time of application for registration by way of a demand draft or a bankers cheque drawn on any scheduled bank or through online mode, as the case may be, for a sum of rupees ten thousandin case of the applicant being an individual or rupees fifty thousandin case of the applicant being anyone other than an individual.
11. Grant of Registration to the real estate agent.- (1) Upon the registration of a real estate agent as per section 9 read with rule 10, the Authority shallissue a registration certificate with a registration numberin Form-I to the real estate agent.
(2) In case of rejection of the application as per section 9 the Authority shall inform in Form-J to the applicant.
(3) The registration granted under this rule shallbe valid for a period offive years.
12. Renewal of registration of real estate agent.- (i) The registration granted under section 9 may be renewed, on an application made by the real estate agent in Form-K which shall not be less than three months prior to the expiryofthe registration granted. :
(2) The appligation for renewal of registration shall be accompanied with a demand draft or bankers cheque drawn on any scheduled bank or proof of payment through online mode, as the case may be, for a sum of rupees five thousand in case ofthe real estate agent being an individual or rupees twenty five thousand in case of the real estate agent being anyone other than an individual.
(3) The real estate agent, shall also submit all the updated documents set out in clauses (a) to (f) of sub-rule (1) of rule 10 at the time of application for renewal.
(4) In case of.renewal of registration, the Authority shall grant the certificate for renewal of registration in Form-L to the real estate agent and in case of rejection of the application for renewal of registration the Authority, shall inform the real estate agent in Form-J: : Provided that no application for renewal of registration shall berejected unless the applicant has been given an opportunity of being heardin the matter. (S$) The renewal ofregistration ofthe real estateagent shall be granted provided that the real estate agent remains in compliance with the provisions of the Actand the rules and regulations made thereunder.
(6) The renewal granted under this rule shall be valid for a period five years.
13. Revocation of Registration of real estate agent.- The Authority may, due to reasons specified under sub-section (7) of section 9, 1evoke the registration granted to therealestate agent or renewal thereof, as the case may be, and intimate the real estate agent of such revocation in Form-J,”
14. Maintenance and preservation of books of accounts, records and documents.- The real estate agent shall maintain and preserve books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961. :
15. Other functions of a real estate agent.- The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfil their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.
CHAPTER - IV
: . Details to be published on the Website of the Authority
16. Details to be published ou the website.- (1) For the purpose of clause (b) of section 34, 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 ofthe promoter including thefollowing:- _ @) Developer or Group Profile:
(a) a brief detail of his enterprise including its name, registered address, type of enterprise (proprietorship, limited liability partnership, society, partnership, company, competent authority) and the particulars of registration and in case of a newly incorporated or registered entity, brief details of the parent entity.including its name, registered address, type of enterprise (proprietorship, society, _ limited liability partnership, partnership, companies, competentauthority);
(b) background of promoter such as educational qualification, work experience 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; and
(c) name, address, contact details and photograph of the pron oter in case of an individual and the name, address, contact details and ph: sograph of the chairman, directors, partners, as the case may be and that of the authorised persons. ne
(ii) Track record ofthe promoter:
(a) number of years of experience of the promoter or parent entity in real estate construction in the State;
(b) number of years of experience of the promoter or parent entity in real _ estate construction in other states or union territories;
(c) number of completed projects and area constructed till date;
(d) number of ongoing projgcts and proposed area to be constructed; « d
(e) details and profile of ongoing and completed projects for the la t five years as provided under clause (b) of sub-section (2) of section 4.(iii) L:tigations: :details of litigations in relation to the real estateprojects developed or Lcingdeveloped in the past five years by the promoter.
(a) web link to the developer or group website;
(b) web link to the project website.
(B) Details ofthe real estate project including the following:-
(i) Registration: 2 ;
. (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 thephase 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.
(ii) Apartment and garage related details:
(a) details of the number, type and carpet area of apartments for sale in theproject as provided under clause (h) of sub-section (2) of section 4;(b) details of the number and areas of garage or basement parking or stiltparking for sale in the project as provided under-clause (i) of sub-section(2) of section 4; and
(c) details of the number of open parking including visitor patking areas available in the real estate project.
(iii) Registered Agents: = names and addresses of real estate agents, if any, as provided under clause
(j) of sub-section (2) of section 4. es
(iv) Consultants:
details, including name and addresses, of contractors, architect and structural engineers and other persons concerned with the development of the real estate project as provided under clause (k) of sub-section (2) of section 4, such as:- :
(a) Name and address ofthe person;
(b) . Names of promoters;
(c) Year of establishment; and
(d) Names and profile of key projects completed.
(v) Location:
the locationdetails of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project as provided under clause (f) of sub-section
(2) of section 4. :
(a) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof’ including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc. as provided under clause (e) of sub-section (2) of section 4; : : :
(b) a detailed note explainingthe 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; and
(c) gantt charts or milestone charts and pruject schedule i.e. the plan of the 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 .
(C) Financial details of the promoter:
(i) authenticated copy ofthe PAN card of the promoter; and
(ii) audited balance sheet of the promoter for the preceding financial year and in case of a newly incorporated or registered entity annual audited balance sheet of the last three financial vears ofthe 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: :
(i) list of number and types of apartments or plots, as the case may be, booked;
(ii) list of number of garages booked;
(iii) status of the project: 3
(a) _ status of construction of each building with photographs;
(b) _ status of construction of each floor; 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; and
(d) modifications, amendment or revisions, if any, issued by the competent authority with regard to any sanctioned plans, layout plans, specifications, license, permit or approval for the project. (E) Downloads:
(i) Approvals: ; :
(a) no objection certificates (wherever required under local law)
(i) environmental clearance,
(iii) permission for water supply and sewerage;
(iv) height clearance from the Airport Authority of India; and
(v) such other approvals as may be required and obtained for the project.
(b) authenticated. copy of the land use permission and building sanction plan (e) (f) (g) 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 land use permission and building sanction plan for each of such phases;
authenticated copy of the site plan or site map showing the location of the project land along with names of revenue villages, survey numbers, khasra numbers, plot numbers and area of each parcels of the project land;
authenticated copy of the layout plan of the project or the phase thereof, and also the layout plan of the whole project as sanctioned by the competentauthority;
floor plans for each tower and block including clubhouse, amenities and common areas;
any other permission, approval or licence that mayate required under applicable law; and authenticated copy of occupancy certificate or completion certificate (whicheveriis required under lawapplicable) including its application. (a) (c) (d) (e) (i) (g) details including the performa of the application form, allotment letter, agreement for sale and the conveyance deed;
authenticated copy of the legal title deed reflecting the title of the promoter to the land on which development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;
landtitle. search report from an advocate having experience of at least. three years in land related matters;
details of encumbrances on the land on which developmentis proposed including any rights, title, interest or name of any party in or over such land along with details or no encumbrance certificate from an advocate having experience of at least three years in land related matters; 7 where the promoter is not. the owner of the land on which development is. pgpposed details of the consent of the owner of the land along with a copy of thecollaboration 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;
sanction letters:
(i) from banks for construction loan; and
(ii) from banks for home loan tie-ups.
details of mortgage or charge, if any, created on the land and the project.
contact address, contact numbers and email-id of the promoter and other officials handling the project.
(G) Such other documents or information as may be specified by the Act or the rules and regulations made thereunder.
(2) For the purpose of clause (c) of section 34, the Authority shall mairitain a database and ensure that the information specified therein shall be made available on its websitein respect of each promoter as defaulter including the project details, registration for which has been revoked or have been penalised under the Act.
(3) For the purpose of clause (d) of section 34, the Authority shall ensure that the following information shall be made available on its website in respect of each real estate agent registered with it or whose application for registration has been rejected or revoked: (A) _ for real estate agents registered with the Authority:
(i) registration number and the period ofvalidity of the registration of the. real estate agent;
(ii) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, society, partnership, company etc.);
(iii) particulars of registration as proprietorship, society, partnership, company ete 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 he is an individual and the name, address, contact details and photograph of the partners, directors etc. in case of others;
(v) authenticated copy of the PAN card; and
(vi) ‘authenticated copy of the address proof of the place o “business of the real estate agent and its other officials.
(B) Incase 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; eas * :
(ii) brief details of his enterprise including its name, registered address, type ofenterprise (proprietorship, society, partnership, company etc.); and
(iii) name, address, contact details and photograph of the real estate agent if he is an individual and. the name, address, contact details and photograph of thepartners, directors etc. in case of others, (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, ofthe contents of its website in terms of this rule and ensure that such back-up is updated on the last day of each month. 5 CHAPTER- V ;
Rate of interest payable by Promoter and Allottee and timelines for refund
17. Rate of 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 funds based lending rates is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix, from time to time, for lending to the generalpublic. i
18. Timelines for refund.- (1) Any refund along with the applicable interest and compensation, if any, payable by the promoter in-terms of the provisions of section 18 ofthe Act shall be payable by the promoter to the allotteewithin forty-five.days from the date on which such refund along with interest and compensation, if any, becomes due. :
(2) In case the allottee proposes to withdraw from the project without any default of the promoter, before the completion of project, the interest.and time period for refund shall be determined as per terms and conditions between the parties in agreement to sale.
CHAPTER- VI
Real Estate Regulatory Authority
19. Manner of selection of Chairperson and Members of the Authority. (1) As and when vacancies of Chairperson or a Member in the Authority exist or arise or are likely to arise, the State Government may makeareference 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 possessing the requisite qualification and experience and suitable for being considered for‘appointment as Chairperson or Member ofthe Authority.
(3) The Selection Committee shall select two persons for each vacancy and recomunend the sarne 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 Geer i
(5) The State Government shall within thirty days from the date of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Chairperson or Member, as the case may be. am 6. (@) WORE WAT, AE 3, 2017, 21(9)
20. Salary and allowances payable and other terms and conditions of serviceofChairperson and Members of the Authority.- (1) The Chairperson and whole-time Membersof the Authority shall be paid such salary and allowances as may be fixed by. the StateGovernment, from time to time, but if the Chairperson or a Member so appointed is or was in theservice of the State Government or Central Government or any authority thereunder, he shall bepaid a monthly salary equivalent to the last drawn salary at the post held by such person, prior tohis appointment as Chairperson or a Member, as the case may be, of the Authority:Provided that if the Chairperson or a Member of the Authority before the date ofassuming office as Chairperson or a Member, as the case may be, was in receipt of or being‘elig:ble to receive any pension in respect of any previous service under the Central Governmentor the State Government or any authority thereunder, his salary in respect of service as aChairperson or as a Member, as the case may be, shall be reduced by the amount of that pension_and. dearness relief thereon, including any portion of the pension which may have been‘commuted. -(2) In case of persons re-employed after retirement, the provisions contained in the RajasthanService Rules, 1956 regarding leave and leave salary shall apply except the following, namely:-(i) encashment of balance of Privileged Leave during the period of re-employment,(ii) encashment balance ofPrivileged Leave on expiry of re-employment, and(ili) medical leave.
(3) The other allowances payable to and conditions of service of the Chairperson and thewhole-time Member of the Authority shall be such as may be determined by the StateGovernment, from time to time.
(4) Every part-time member of the Authority, who is not a servant of the Government, shallbe paida sitting fee for each day he attends the meetings of the Authority as may be determinedby the State Government, from time to time and they shall not be entitled to any other allowance.(5) A person, who, on the date of his appointment as a Chairperson or 2 Member of theAuthority, as the case may be, was in the service of the Central Governm at or the StateGovernment shall be deemed to have been retired from service i.e, from the d. e@ on which heenters upon his office as Chairperson or a Member.
21. Administrative powers of the Chairperson of the Authority.- The administrativepowers of the Chairperson of the Authority shall include making decisions, subject toprevailingservice rules applicable on the State Government employce pertaining to staff and officers,budget provisions and general directions of the State Government, with regard to the followi ng:(a) all matters pertaining to creation and abolition of posts with the previoussanction of the Finance Department; :
(b) all matters pertaining to appointments, promotions and confirmation for allposts; :
(c) acceptance of resignatio#’6Fa Member, officer or employee of the Auth rty;(d) officiating arrangement against sanctioned posts;
(e) authorisation for-tours to be undertaken by any Member, officer or emj yeewithin India and allowance to be granted for the same;
(f) all matters in relation to reimbursement of medical claims:
(g) _all- matters. in relation to grant or rejection of leaves to Members, Staif andOfficers
(h) _ permission for hiring of vehicles, with the previous sanction of the FinanceDepartment, for official use; .(i) nominations for attending seminars, conferences and training courses in India;Gj) permission for invitation ofguests to carry out training course;(k) all matters pertaining to staff welfare expenses: ()_ sanction scrapping or write-off of capital assets which due tp normal wear and. tear have become unserviceable or are considered beyond economical repairs;- (m) all matters relating todisciplinary action against any officer or employee; and(n) any other powers that may be required for the efficient functioning of the: Authority and enforcement ofthe provisions of the Act and these rules.22, Salary and allowances payable and other terms and conditions of service of theofficers and other employees of the Authority and experts and consultants engaged by the. Authority.- (1) The conditions of service of the officers and employees of the Authority and anyother category of employees in the matter of pay, allowances, leave, joining time, joining timepay, age of superannuation and other conditions of service, shall be regulated in accordance withsuch rules and regulations as are, from time to time, applicable to officers and employees of theState Government and drawing the corresponding scales ofpay;
(2) Consultants or experts that may be engaged by the Authority:
(a) shall be paid a monthly honorarium as may be determined by the State Government, from time to time; :
(b) the consultant or expert may be appointed for a tenure of one year, extendable. on year to year basis; ;
(c) the terms of their appointment may be terminated by the Authority by serving © one month’s notice. :
(3) The State Government shall have power to relax the provisions of any of these rules in respect of any class orcategory of officers or employees or consultants and experts, as the case may be. : :
23. Functioning of the Authority.- (1) The office oftheAuthority shall be located at such place as may be determined by the State Government, from time to time. .
(2) The working days and office hours of the Authority shall be the same as that of the State Government. :
(3) The official common seal and emblem of the Authority shall be such as the State Government may specif).
24. Additional powers of the Authority.- ( 1) In addition to the powers specified in sub- section (2) of section 35 the Authority shall alsohave the following 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 reesonable . time, as it may deem necessary; and
(b) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, any public reé®rd°or document or copy of such record or document from any office.
(2) The Authority may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architectureorengineering or law or from any other discipline as it deems necessary, to assist the Authority in the conduct of any inquiry or proceedings before it. i aS
(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 ‘he promoter has not.- : :
(a) withdrawn the said amounts from the account maintained as provided under sub-clause (D) of clause (1) of sub-section (2) of section 4; or
(b) used any amounts paid to such promoter by the allottees for that real estate project for which the penalty, interest or compensation is payable, or any other real estate project; or :
(c) recovered the amounts paid as penalty, fine or compensation from he allottees of the relevant real estate project or any other real estateproject.
25. Manner of recovery of interest, penalty and compensation.- Subject to the provisions of sub-section (1) of section 40, the recovery of the amounts due as arrears of land revenue shall be recovered in the manner as provided in the Rajasthan Land Revenue Act, 1956 and rules made thereunder. oh
26. 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 thereunder, 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 orAppellate 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. a
CHAPTER- VII
Real Estate Appellate Tribunal }
27. Form for filing Appeal and the fees payable.- (1) Every appeal filed under sub- section (1) of section 44 shall be-accompanied by a fee of rupees five thousand in the form of a cemand draft or a bankers cheque drawn on a nationalized bank in favour of the Appellate Tribunal and payable at the branch of that bank at the station where the seat of the saidAppellate Tribunal is situated or proof of payment through online mode.
(2) Every appeal shall be filed in Form-M, in‘triplicate until the application procedure is madeweb based, along with the following documents:-
(a) An attested true copy of the order against which the appeal is filed;
(b) Attested 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 filling counter of the Registry of the AppellateTribunal or througha registered post or through online system, as applicable.(4) In case ofan appeal sent by post under sub-rule (3), it shall be deemed to have been presentedto the Appellate Tribunal on the day on which it is received in its office, ?(5) Whether a party to the appeal is represented by an authorised person, as provided undersecticn 56, a copy of the authorisation to act as such and the written consent thereto by suchauthorised person, both in original, shall be appended to the appeal or the reply to the notice ofthe appeal, as the case may be.
(6) On the date of hearing or any other date to which hearing could be adjourned, it shall beobligatory on the parties or their agents, as the case may be, to appear before the AppellateTribunal: Provided that where the appellant or his authorised person, as the case may be, fails toappear before the Appellate Tribunal on’such days, the Appellate Tribunal may in its discretioneither dismiss the appeal for default or decide it on the merits and where the Opposite party or hisauthorised person fails to appear on the date of hearing, the Appellate Tribunal may decide theappeal ex-parte.
(7) The procedure for day to day functioning of the Appellate Tribunal, which have not beenprovided by the Act or the rules made thereunder, shall be as decided by the Appellate Tribunal.28. Manner of selection of Members of the Appellate Tribunal.- (1) As and whenvacancies of a Member in the Appellate Tribunal exist or arise or are likely to arise, the StateGovernment may make a reference to the Selection Committee in respect of the vacancies to befilled.
(2) The Selection Committee may, for the purpose of selection of the Member of theAppellateTribunal, follow such procedure as deemed fit including the appointment of a search committeeconsisting of such persons as the Selection Committee considers appropriate to suggest apanelof names possessing the requisite qualification and experience and suitable fo- being consideredfor appointment as Member of the Appellate Tribunal.
(3) The Selection Committee shall select two persons for each vacancy and recommend the sameto the State Government.
(4) The Selection Committee shall make its recommendation to the State Government within aperiod 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 recommendation by theSelection Committee, appoint one of the two persons recommended by the Selection Committeefor the vacancy of the Member.
29. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal.- (1) The salaries and allowances payable to the Chairperson and Members ofthe Appellate Tribunal shall be as follows:- . (a) _ the Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge ofa High Court;
(b) the whole time Member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a Member of the Appellate Tribunal:
Provided that if the Chairperson or a Member, before the date of assuming : office as Chairperson or a Member, as the case may be, was in receipt of or being eligible so to receive any pension in respect of any previous service under the Central Government or the State Government or any authority thereunder, his - Salary in respect of service as a Chairperson or as a Member, as the case may be, shall .be reduced by the amount of that pension and dearness relief thereon, including any portion of the pension which may have been commuted.
(c) Every whole time Member, who was not receiving pension from the Central Government or the State Government or any authority thereunder, shall be paid a monthly salary. equivalent to the salaries (dearness allowance inclusive) as admissible to an officer of the rank of Principal Secretary to the Government of Rajasthan. He shall be fixed at the entry level pay as admissible to an officer of such rank;
21(12) eas WOR WAT, HE3,2017a(BW)
(d) Every part-time Member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the Appellate Tribunal as may be determined by the State Government, from time to time and they shall not be entitled to any other allowance;
(2) The Chairperson and every whole time Member shall be entitled to thirty days of earned leave for every completed calendar year of service in the Appellate Tribunal. The power to grant or refuse leave to the Chairperson and to revoke or curtail leave granted to him shall vest in the Governor.
(3) The other allowances payable to and conditions of service of the Chairperson and the whole ~ time Member shall be determined by the State Government, from time to time. 30, Functioning of Appellate Tribunal.- (1) The office of the Appellat: Tribunal shall be located at such place as may be determined by the State Government.
(2) The working days and office hours of the Appellate Tribunal shall be the same as that of the normal working days and office hours of the other offices of the State Government.
(3) The official common seal and emblern of the Appellate Tribunal shall be such as the State Government may specify.
(4) Every notice, order and judgment of the Appellate Tribunal shall bear the seal of the Appellate Tribunal which shall bein custody with the person designated by the oetpenien of the Tribunal.
(5) The Appellate Tribunal shall ordinarily havesittings at its headquarters and at such places as the Chairperson may by general or special order specify.
31. 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 einployees 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 employeesofthe State Savers and drawing the correspondingscales of pay.
(2) The State Government shall have power to relax the provisions of any of these rules in respect ofany class or category of officers or employees or consultants and experts, as the case may be.
32. Additional powers of the Appellate Tribunal.- (1) In addition to the powers specified in of section 53, the Appellate Tribunal shall exercise the following additional powers, namely:-
(a) require the promoter, allottee or real estate agent to furaish 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, any public record or document or copy of such record or document from any office.
(2) The Appellate Tribunal may call upon such experts or onintadl aan from the fields of economics. commerce, accountancy, real estate, competition. construction, architecture or engineezing or law 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 shallinclude making decisions subject to prevailing service rulesapplicable on the State Government employees pertaining to Staff and Officers, budget provisions and general directions of the State Government with regard to the following:-
(a) all matters pertaining to creation andabolition of posts;
(b) all matters pertaining to appointments, promotions and confirmation forall posts;
(c) acceptance of resignation by any Member, officer or employee;
(d) _ officiating arrangemtents against sanctioned posts;
(e) authorisation of tours to be undertaken by any Member, officer or employee, within India and allowance to be granted for the same;
(f) all matters in relation to reimbursement of medical claims;
(g) all 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 in India or abroad; :
(j) _ permission for invitation of guests to carry out training cour se; : (k) all matters pertaining to staff welfare expenses;
(1) sanction scrapping or write-off of capital assets which due to normal wear . and tear have become unserviceableor are considered beyond economical _ repairs; :
(m) all matters relating to disciplinary action against any officer or employee; and
(n) any other powers that may be required for the efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and these rules.
CHAPTER - VII
: Offences and Penalties
34. Terms and conditions and the fine payable for compounding of offence.- (1) Thecourt ray compound any offence specified under section 70 on payment of amount as specifiedin the table given below:- Table S.N. Offence Amount to be paid for compounding the offence
I 2 3
i Punishable with imprisonment| five percent of the estimated cost of the real estate under sub-section (2) of section project 2 Punishable with imprisonment| five percent of the estimated cost of the real estateunder section 64 project 3 Punishable with imprisonment| five percent of the estimated cost of the plot,under section 66 apartment or building, as the case -aay be, of the real estate project, for which the s: 2 or purchase has been facilitated ;4. Punishable with imprisonment| five percent of the cost of the plot, :partment or under section 68. building, as the case may be
(2) On payment of the amount in accordance with sub-rule (1) and subsequent to compliance ofthe orders of the Authority or Appellate Tribunal-as provided under sub-rule (4), any person incustody in connection with that oufence shall be set at liberty and no proceedings shall beinstituted or continued against such person in any court.
(3) The acceptance of the amount for compounding an offence under sub-rule (1), by the Courtshall be deemed te an acquittal within the meaning of section 300 of the Code of ('riminal Procedure, 1973. oan
(4) The promoter, allottee or real estate agent, as the case may be, shall comply with the of the Authority or the Appellate Tribunal, within the period specified by the court, which not be more than thirty days from the date of‘compounding of the offence. rders hall
35. Manner of filing a complaint with the Authority and the manner of holding ‘an 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-N, in triplicate until the application procedure is made web based, which ’shall be accompanied by a fee of rupees one thousand in the form of a demand draft or bankers cheque drawn ona nationalised bank in favor of Authority and payable at the branch of that bank at the station where the seat of the said Authority is situated or through online payment,as the case may be.
(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; : :
the respondent against whom such notice is issued under clause (a) above, may file his reply in respect of the complaint within’ the period as specified in the notice; i 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; (b) _21(14) WRI WA-TA, AY 3, 2017 aT 6 (@) .
(d) on the date so fixed, the Authority shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules. and regulations made thereunder and if the . respondent,-
(i) . pleads guilty, the Authority shall record the plea, and pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the Authority shall demand an explanation from the respondent;
(e) in case the Authority is satisfied on.the basis of the submis sions 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 the there is need for furtner 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 havé 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 arfd enforce the attendance of any person acquainted with the facts and circumstances of the case to give’ evidence or the produce any documents which in the opinion of the Authority, may be useful for or relevant to the subject matter ofthe inquiry;
(i) on the date so fixed, the Authority upon consideration of the evidence produced before it and other recorts 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 .tecorded in writing. 2 Gj) 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 beenprovidedby the Act or the rules made thereunder, shall be as specified by regulations mide by theAuthority. te
(4) Where a party to the complaint is represented by an authorised person, as provided undersectiou. 56, a copy of the authorisation to act as such and the written consent thereto by suchauthorised person, both in original, shall be appended to the complaint or the reply to the noticeof the complaint, as the case may be. ;
36. Manner of filing a complaint with the adjudicating officer and the manner ofholding an inquiry by the adjudicating officer. (1) Any aggrieved person may file acomplaint with the adjudicating officer for interest and compensation under section 12, 14, 18and 19 in Form-O, intriplicate until the application procedure is made web based, which shallbe accompanied bya fee of Tupees one thousand in the form ofa demand draft or bankers cheque .drawn ona nationalized bank in favor of Authority and payable at the branch of that bank at thestation where the seat of the said Authority is situated or through online payment, as the casemay be. : ; :
(2) The adjudicating officer shall for the purposes of adjudging interest and compensation followsummary procedure for inquiry in the following manner, namely:-
(a) upon receipt of the complaint the adjudicating officer shall issue a noticealongwith particulars of the alleged contravention and the relevant documents to the promoter; ee
(b) the promoter 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 inthe 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; amt € (@) TORU WANTAGE 3, 2017 atts)
(d) on the date so fixed, the adjudicating officer shall explain to the promoter aboutthe contravention alleged to have been committed in relation to any of theprovisions of the Act or the rules and regulations made thereunder and if the promoter,-
(i) pleads guilty, the adjudicating officer shall record the plea, and by order in writing, order payment of interest as specified in rule 17 and such compensation as he thinks fit, as the case may be, in accordance with the provisions of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the adjudicating officer ‘shall.demand and explanation from the promoter; :
(e) in case the adjudicating officer is satisfied on the basis of the submissions madethat the complaint does not require any further inquiry it may dismiss the ‘complaint; :
(f)- _ in case the adjudicating officer is satisfied on the basis of the submissions made that the there is need for further hearing into the complaint it may order__ Production of documents or other evidence on a date and time fixed by him;(g) the adjudicating officer shall have the power to carry out an inquiry into the com)laint on the basis of documents and submissions;
(h) the adjudicating officer shall have the power to summon and enforce theattendance of any person. acquainted with the facts and circumstances of thecase to give evidence or the produce any documents which in the opinion of theadjudicating officer, may be useful for or relevant to the subject matter of the inquiry; i
(i) on the date so fixed, the adjudicating officer upon consideration of the evidenceproduced before him and other records and submissions is satisfied that thepromoter is,- ” .
(i) liable to pay interest or compensation or-both, as case may be, the adjudicating officer may, by order in writing, order’payment of interest asspecified in rule 17 and such compensation, as he thinks fit,.as the casemay be, in accordance with the provisions of the Act, rules and regulations made thereunder;
(ii) not liable to pay any interest or compensation or both, as case may be. the adjudicating officer may, by order in writing, dismiss the complaint, with: Teasons to be recorded in writing; : )) if any person fails, neglects or refuses to appear, or present himself as requiredbefore 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 8fthe adjudicating officer, which have not beenprovided by’ the Act or the rules made thereunder, shall be as specified by regulations made bythe Authori-y. :
(4) Wherea party to the complaint is represented by an authorised person, as provided undersection 56, a copy of the authorisation to act as such and the written consent thereto by suchauthorised person, both inoriginal shall be appended to the complaint or the reply to the noticeof the complaint, as the case may be.
CHAPTER- IX
Budget and Report
37. Budget, accounts and audit.- (1) The Authority shall maintain proper accounts of itsfunds and other relevant records. At the end of each financial year, the Authority shall prepare abudget and an annual statement of accounts, The annual statement of accounts shall be preparedin Forn -P. :
(2) The Authority shall preserve the accounts and other relevant records prepared under sub-rule(1) for a minimum period of fiveyears.
(3) The accounts and other relevant records prepared under sub-rule (1) shall be signed by theChairperson, Members, Secretary and the Officer in-charge of Finance and Accounts. _38. Annual Report.- (1)The Authority shall prepare, immediately after the end of thecalendar year, its annual report in Form-Q.
(2) In addition to matters specified in section 78, the Authority may include in its AnnualReportsuch other matters as it deems fit. -
(3) The annual report shall, after adoption at a meeting of the Authority and singed by theChairperson and Members and authenticated by affixing the common seal of the Authority, withrequisite number of copies thereof, be submitted to the State Government within a period of one iG) a WRI Wawa; AE 3, 2017 aT 6 (@) - hundred and eighty days immediately following the close oftheyear for which it has been prepared. ; .
CHAPTER - X
Miscellaneous
39. Procedure for inquiry of the charges against the Chairperson or Member of the ° Authority or the Appellate Tribunal.- (1) In the event of thz State Government becoming aware of occurrence of any of the cireumstances 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, the State Government shall make a preliminary scrutiny with respect to such charyes against the Chairperson or any Memberofthe 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 High Court to appoint a seating Judge of the High Court. : ome :
(3) The State Government shall forward to the Judge, appointed under sub-rules (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. tele es
(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 enquire in the matter . ‘
(5) Where it is alleged that the Chairperson or Member of the Authority or 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 such Judge may arrange for the medical examination of the Chairperson or Member of the Authority or 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) Thereafter, the State Government shall in consultation with the Chief Justice of theHigh Court decide to either remove or not to remove the Chairperson or Member of the Authority or Appellate Tribunal, as the case may be. é
40. Removal of doubts.- If any doubt arises, relating to interpretation of these rules, decision of the State Government shall be final. :
5 : FORM-A _ [see rule 3(2)]
APPLICATION FOR REGISTRATION OF PROJECT
To The Real Estate Regulatory Authority Rajasthan, Jaipur Sir, ae .
I/We hereby apply for the grant of registration of my/our project to be set up at Tehsil District State
1. The requisite particulars are as under:-
(i) Status of the applicant, whether individual / company / proprietorship firm / society/trust/ limited liability partnership / competent SNEHOLELYS aoiceics ensassssisones
(il) (In case ofindividual)
(a) Name:
(e) Photograph: {
(f) Contact details (Phone No., e-mail, FaxNo.):
or 5 (In case .offirm / society / trust / company / limited liability partnership / competent authority etc.) 4
(a) Name:
(c) Copy of registration certificate as firm / society / trust / company./ limited _ + liability partnership / competent authority etc: : :
(e) Name, photograph .and address of chairman/partner/director and authorised person etc.:
(iii) PAN Number of the promoter:
(iv) Name and address of the bank or banker with which account in terms of sub- clause (D) of clause (1) of sub-section (2) of section 4 of the Real Estate (Regulation and Development) Act, 2016 will be maintained :
(v) Details ofproject land- 2
(vi) Brief details of the projects launched by the promoter in the last fiveyears, 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 related to project land, details of type of land and payments pending etc. :
(vii) Agency to take up external development works Local Authority / Self Development:
(viii) Registration fee by way of a demand draft/bankers cheque dated drawn on bearing number for an amount of Rs. /- calculated as per sub-rule (3) of rule 3 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 or through online payment as the case may be..........(give details of online payment such as transaction number, date etc.):
(ix) Any other information the applicant may like to furnish.
2. I/we enclose the following documents in triplicate, namelyr
(i) authenticated copy ofthe PANcard ofthe promoter:
(ii) audited balance sheet of the promoter for the preceding financial year:
(iii) copy of the legal title deed reflecting the title of the promoter tc the land on which the real estate project is proposed to be developed along with iegally valid documents ‘or chain of title with authentication of such title:
(iv) the details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with details: ° GE, - (v) where the promoter is not the owner of the land on which development is proposed details ofthe 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, duly executed, entered into between the promoter-and such owner and copies of title and other documentsreflecting the title of such owner on the land proposed:to be developed:
(vi) an authenticated copy of the approvals and commencement certificate (wherever required under local law) froitthe competent authority obtained in accordarce with the laws as may be applicable for the real estate project mentioned in te application, and where the project is proposed to be developed in phases, in authenticated copy of the approvals and commencement certificate (wherever required under local law) from the competent authority for each of such phases:
(vii) the sanctioned*plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent autharity:
(viii) 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 (wherever applicable) emergency evacuation services, use ofrenewable energy: :
(ix) the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including thelatitude’and longitude of the end points of the project:
(x) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be executed with the allottees:
(xi) 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 with the apartment, if any:
(xii) the number and areas of garage for sale in the project:
(xiii) the number of parking areas in each type of parking such as open, basement, stilt, mechanical parking etc. available in the real estateproect:
(xiv) the names and addresses of his real estate agents, if any, for the proposed project: ° 21(18) WRU Wawa, AE 3, 2017 art 6 (@)
(xv) the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development ofthe peopeeed project:
(xvi) a declarationin Form-B.
(Note: If any of the above items is not applicable write 'N.A." against the appropriate items) a I/We enclose the following additional documents and information regarding ongoing projects, as required under rule 4 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 and other provisions of the Act, rules «nd reguiations made thereunder, namely:- (i) ii) (iii) 4, I/We solemnly affirm and declare that the particulars givenin herein are correct to my /our knowledge and belief.
at Yours faithfully, Signature and sealof the applicant(s) Date:
Place:
FORM-B
[see rule 3(4)]
DECLARATION
Affidavit cum Declaration of Mr./Ms. promoter of the proposed preject / duly authorized by the promoter of the proposed project videits/his/their authorization dated I, ___ Son/Daughter/Wife of _ aged R/o promoter of the proposed project / duly authorized by the promoter ofthe proposed project do. hereby solemnly declare, undertake and state as under:
1. That 1 / promoter have / has a legal title to the land on which the development ofthe project is proposed :
or : :
the land is owned by ___who have/has a legal title to the land on which the development of the proposed project is to be carried out and a legally valid authentication of title of such land along with an authenticated copy of the agreement betwec n such owner and promoter for development of the real estate project or phase thereof, as the case may be, is enclosed with application.
. That the saidlandisfree from all encumbrances.
or That details of encumbrances : including details of any rights, title, interest or name of any party in or over-such land, alongwith details. :
3. That the time period within which the project or phase thereof, as the case may be, shall be completed by promoter is
4. That seventy per cent of the amountsrealised by promoter for the real estate project from the allottees, from time to time, shall be depositedin a separate account to be maintainedin a scheduled bank to cover the cost of construction and the land cost and shall be used only for that. purpose.
5. That the amounts from the separate account, to cover the cost of the project, shall be withdrawnin proportion to the percentage of completion of thé project.
6. That the amounts from the separate account shall be withdrawn only after it is certified by an engineer, an. architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project.
7. That 1 / promoter shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant-and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project.
8. That I /promoter shall take all the pending approvals on time, from the competent authorities. .
9. That I /promoter have / has furnished such other documents as have been specified by the rules and regulations made under the Real Estate (Regulation and Development) Act, 2016. N
10. That I /promoter shall not discriminate on the basis ofcaste, religion, region, language, sex or marital status against any allottee at the time of allotment of any apartment, plot or building, as the case may be, on any grounds.
Deponent Verification :
I Son/Daughter/Wife of’ aged R/o do hereby verify that the contents in para No. 1 to 10 of my above Affidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom. Verified by me at on this day of Deponent
FORM-C
[see rule 6(1)]
REGISTRATION CERTIFICATE OF PROJECT
This certificate of registration is hereby granted under section 5 of the Real Estate (Regulation and Development) Act, 2016 to the following project:-
1. Project registration number: :
2. Details of Project:
(Specify details ofProject including the project address)
3. Details ofpromoter:
(in the case ofan individual) x State : :
or (in the case ofafirm /society / company / competent authority etc.) Name of the firm/society/company/competent authority having its registered office/principal place of business at :
4. This registration is granted subject to the following conditions, namely:-
(i) The promoter shall enter into an agreement for sale with the allottees as provided in
(ii) The promoter shall execute and register a conveyance deed in favour of the allottee for the apartment. Simultaneously he shall also execute andregister the conveyance deed for the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, as per section 17 of the Real Estate (Regulation and Development) Act,2016:
(iii) The promoter shall deposit seventy percent of the amounts realised by the piomoter in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to;be used only for that purpose as per sub-clause (D) of clause (1) of sub-section (2) of section 4 ofthe Real Estate (Regulation and Development) Act, 2016;
(iv) The registration shall be valid for a period of years commencing from and ending with . unless extended by the Real Estate Regulatory Authority in accordance with section 6 of the Real Estate (Regulation and Development) Act, 2016 read with rule 7 of the Rajasthan Real Estate (Regulation and Development) Rules,2017; - :
(v) The promoter shall comply with the provisions of the Act and the rules and regulations made thereunder; :
(vi) The promoter shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed.
5. If the above mentioned conditions are not fulfilled by the promoter, the Authority may take necessary action against the promoter including revoking the registration granted herein.
6. The Login Id and password for the purpose as provided under clause (a) of sub-section (1) or sub-section (2) of section 5 of the Real Estate (Regulation and Development) Act, 2016, as the case may be, is enclosed herewith, Signature and seal Date: Authorised Officer of the Real Estate RegulatoryAuthority
FORM-D
[see rule 6(2), rule.7(4), rule 8]
INTIMATION OF. REJECTION OF APPLICATION FOR REGISTRATION OF
PROJECT / REJECTION OF APPLICATION FOR EXTENSION OFREGISTRATION
OF PROJECT / REVOCATION OF REGISTRATION OF PROJECT
From: : ;
The Real Estate RegulatoryAuthority, Rajasthan, Jaipur To Application/Registration No.:
Dated: 5;
You are hereby informed that your application for egistration of your project is rejected, or :
You are hereby informed that your application for extension of period of the registration of your project is rejected, or aoe You are hereby informed that the registration granted to your project is hereby revoked,for the reasons- . Signeture and seal Authorized Officer of the Real Estate Regulatory Authority
FORM-E
[see rule 7(1)]
APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT
From:
To The Real Estate Regulatory Authority, Rajasthan, Jaipur Sir, ia I/We hereby apply for renewal ofregistration certificate of the following project: registered with - the Authority vide — Project Registration Certificate. bearingNo. , Which expires on__ f ‘ ‘ As required I/we submit the following documents and information, namely:-
(i) A Demand Draft or bankers cheque No. _- dated drawn on _ bank or proof of online payment for rupees _- in favour of the Authority for extension of registration of Project as provided under sub-rule (2) of rule 7;
(ii) Authenticated Plan of the project showing the stage of developmentworks undertaken. till date; Si
(iti) Explanatory note regarding the stage of development works in the project and reasonfor not completing the development works in the project within the period declaredin the declaration submitted in Form-B at the time of making application for theregistration of the project pein(iv) Authenticated copy of the permission/approval from the competent authority which isvalid for a period which is longer than the proposed term of extension of theregistration sought from the Authority; :
(v) The original project registration certificate;.and
(vi) Any other information as may be specified by the regulations. Yours faithfully, Place: Signature and seal of the < pplicant(s)
FORM-F
Saad . [see rule 7(4)] _ CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT This certificate of extension of registration is hereby granted under section 6 of the Real Estate(Regulation and Development) Act, 2016, to the following project:: a registered with — the Authority vide project registration certificate bearing No. of
1. (in the case ofan individual) ;
or (in the case ofafirm/ society/ company/competent authority etc.)Name offirm / society / ‘company / competent BULHOTItY etc,)--n----——--naceresnsnnnninrene-having its registered office/principal place ofbusiness at ‘2. This extension ofregistration is granted subject to the following conditions, namely:-(i) The promoter shall execute and register a conveyance deed in favour of the allottee orthe association of the allottees, as the case may be, of the apartment or the commonareas as per section 17;
(ii) The promoter shall deposit seventy percent of the amounts realised by him in aseparate account to be maintained in a schedule bank to cover the cost of constructions and the land cost to be used only for that purpose as per sub-clause (D° of clause () of"sub-section (2) of section4; :
(iii) The registration shall be extended by a period of (days/weei «/months) and. Shall be valid until_____-__ commencing from anc ending with -_unless: further extended by the Real Estate RegulatoryAuthority in’ accordance with section 6 of the Real Estate (Regulation and- Development) Act, 2016 read with tule 7 of the Rajasthan Real Estate (Regulation andDevelopment) Rules, 2017; :(iv) The promoter shall comply with the provisions of the Act and the rules and: regulations madethereunder; :
(v) The promoter shall not contravene the provisions of any other law for the time being in_ force in the area where the project is being developed; :(vi)Ifthe above mentioned conditions,are not fulfilled by the promoter, the Author °maytake necessary action against the promoter including revoking the registration g \ntedAerein, as per the Act and the rules and regulations made thereunder, Signature and seal : % Authorized Officer ofthe Real Estate Regulatory Authority Date :
. Piace :
FORM-G
[see rule 9] Agreement for Sale Affix ColorAffix Color : : . photograph ofphotograph of - the authorizedAllottee/ First Signatory of:Allotteewith .
Promoter withSignature.
signature across’ across the © the photographphotograph This Agreement for Sale, hereinafter referred toas the Agreement, is executed on thisSeaSE day Of ............. TWothousandand 2... cogs cece. By and Between [ifthepromoter is a company] .
US sive thin eitesrieeteeCOTS INO. ese asack ) @ company incorporated under the.provisions of the Companies Act, 1956/ 2013 and having its registered office atSdestictetty ceeANerhaeTe) Oe and its corporate ’office atHit Sssts Gan swieniosecyewerga be uSutawasesscsssisaacss fe oeceksand its PAN is............, represented by itsauothorised signatory (Aadhar No. ...........:.) authorised vide board resolution dated ccchereinafter referred to as the "Promoter" (which expression s all, unless it beTepugnant to the context or meaning thereof be deemed to mean and include, its assignees,legal successor(s) in interest) ofthe ONE PART.: { OR t[ifthe promoter is apartnershipfirm] :
Misco eins tstvnbes tea act e ore a partnership firm, duly registered and existingunder the provisions of the Indian Partnership Act, 1932, having its principle place ofbusinessateand its PAN is......... :.. represented by itsauothorised partner....... (Aadhar No. .............) duly authorized vide.authority letter dated .3.......s::ccceehecesseseecss passed and signed by all the partners constituting the firm, (Copy enclosed) (hereinafter referred to“as the "Promoter"), whichexpression shall, unless repugnant to the context or meaning thereof be deemed to mean andinclude their legal successor(s), administrators, executors successors & permitted assigneesincluding those of the respective partners ofthe ONE PART. . OR [ifthe promoter is an individual] ee :
NMEMSINGeeee(Aadhar No..........) son/daughter/wife of Mr.eas ge veces vise hee aged about - even sass years, FOSosacocecesesssssssureyererisgsic its PAN igoF(hereinaftersingly/ jointly,asthe case may be, referred to as the "Promoter", which expression shall, unless repugnant tothe context or meaning thereof be deemed to mean and include his/her legal successor(s),administrators, executors successors & permitted assignees) ofthe ONE PART. AND : :
[ifthe allottee is an individual] s :
MrI MISIMS. oo vecsescancnescises son/daughter/wife Of Mr. .......ccecccesceceseceesete ase. aged about ........ MOTT NOsendssthcacyscefachsne6sWaaeansessondviece (Aadhar No. ..... ..) (PANStews exstuse ) (hereinafter singly/ jointly, as the case may be, referred to as the "Allottee(s)",which expression shall, unless repugnant to the context of meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors «2permitted assignees) ofthe OTHER PART.
OR [ifthe allottee is apartnershipfirm] : :
Terencea a partnership firm, duly registered andexisting under the provisions of the Indian: Partnership Act, 1932, having its principle place of DUSMieds <b ee(PAN= oe) ccceceas ) through the partner DDS oe cs uicceress yee (Aadhar No...... ) duly authorized vide authority letter dated ....0....c0ccescesdaseevesees passed and signed by all the. partners constituting the firm, (Copy enclosed) (hereinafter referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees including those ofthe respective partners) ofthe OTHER PART. OR [ifthe allottee is a company] DSeeoeresacan oeceeyt (CIN | Nossissies) a Company incorporated under the provisions of the Companies Act, 1956 /.2013 having the registered Bie Wl ierei mand 18 PAN is....ci5c00.. through Mr. Past chow cu ssurebessas cosas (Aadhar No ), its-authorized signatory who has been dulyempowered vide Board Resolution dated ..................(hereinafter jointly and severally, asthe case may be, being the allottee(s) of the Unit hereinafter, referred to as the "Allottee(s)",which’ expression shall, unless repugnant to the context or meaning thereof be deemed tomean and include their legal successor(s), administrators, executors successors & permittedassignees) of the OTHER PART. or [ifthe allottee is HUF] Olsensen aged about........ years for self and as the Karta of the HUF, having its place of business/ residence at.........0cccccccccececcceestecse(PAINS caces) (hereinafter referred to as, "Allottee(s)", which expression shall, unless repugnant to. the context or meaning thereof be.deemed to mean and includehim and each of the membersconstituting the HUF their Heirs, administrators, executors, successors & permitted assignees) of the OTHER PART. ‘ (Details ofother allottees to be inserted, in case ofmore than one allottee) The Promoter and the Allottee(s) shall hereinafter be collectively referred to as "Parties" and individually as a "Party". :
INTERPRETATIONS/ DEFINITIONS:
_ (1) In this Agreement, the following expressions unless repugnant to the context shall he ve the meaning assigned thereto —
(a) "Act" means the Real Estate (Regulation and Development) Act, 2016; '
(b) "Built-up area" means the sum of area of the Apartment or Flat. It shall include area encompassed within the walls ofApartment or Flat, all balconies, whether covered or un-coverec, and thickness of wall. In case there be a common wall only 50% of thickness of such wall shall be taken in consideration for calculating the bu'lt-up area;
(c) "Interest" means the interest payable at the rate specified in rule 17 of the rules;
(d) "Para" means a Para of this Agreement; ;
(e) "Maintenance Society" shall mean the society, association or body, by whatever name called, that may be formed under clause (e) of sub-section (4) of section 11 of the Act; ce
(f) "Regulation" means the Regulation made under the Act;
(g) "Rules" means the Rajasthan RealEstate (Regulationand Development) Rules, 2017;
(h) "Schedule" means the Schedule attached to this Agreement; and
(i) "Section" means the section of the Act.
(2) The words and expressions used herein but not defined in this Agreement and defined in the Act or in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or in the Rajasthan Municipalities Act, 2009 (Act No 18 of 2009) or any other law for the time being in force shall have the same meanings respectively assigned to them in those laws.
WHEREAS THE PROMOTER DECLARES THAT,-
A.the Promoter is in lawful possession of the land khasara No. ........ of revenue village ......... Situated in). fsdsceves, 6-2 LORS so c00e LOIN gcse aroseDistrict pescasasss vse. With a total area admeasuring of ............. square meters (hereinafter referred to as 'Land' and more fully described inthe Schedule-I). L. the Promoter has alegal title to the Land with legally valid documents and is lawful owner of the land. The Land was purchased by the Promoter from ..,.........seeeseees or from: Assen. ay %.... Development Authority/ Urban Improvement Trust/ Municipal Corporation/ Council / Board .....0..........6e0000 in auction, as stated in the Conveyance deed/ Lease-deed dated ............000.. *Pegistered ON ............0.500 in the office of Sub- Registrar ............... in its Book No. ............ Volume No. Rie: at Page No.......... bearing Serial No. ..... and an additional copy of the same was also pasted in its additional Book No. ...... Volume No. ....... at Page NOs ounce :
OR the owner of the Land is Mr./Mrs./M/s.......ccccccccecescene son/daughter/wife of So oe Pan ite Cine eee ee SOREN OUI cocnnsaddath GARNI saccsavasboris guste The. Land was purchased by such owner ffoM .....eececccceceesees or from Corporation/ Council / Board ........cccccccccccceee in auction, as stated in the Conveyance deed/ Lease-deed dated ............6000. PREBISETEDION secs sces eve ssies in the office of Sub- Registrar ............... in its Book No- ............ Volume No. Beewraecs at Page No.......... bearing Serial No. ..... and an additional copy of the same was also pasted in its additional Book No. ...... Volume No. ....... at Page
No. ....... the consent of such owner of the Land has been taken and as such a collaboration agreement/development agreement /joint development agreement has been entered into betweenthe Promoter and the aforesaid owner of the Land for - developing the Project and such agreement has been PERIStETEd OM ci vivecevsscsesee in the office of Sub- Registrar ............... in its Book No. ............ Volume No. thaecmeac oes at Page No.......... bearing Serial No. ..... and an additional copy of the same was also pasted in its additional Book No. ...... VolumeNo. ....... at Page C. the said land is earmarked for the purpose of siievicha wastes [commercial/residential/any other purpose] project, comprising eremultistoried ‘apartment buildings and [insert any. other components of the Projects] and the said project shall be known a8 ...e6....see0000-.¢" ("Project") OR the ‘said land is earmarked for the purpose of plotted development of a [commercial/residential/any other purpose] project, comprising ...............plots and [insert any other components:of the Projects] and the said project shall be Provided that where land is earmarked for any institutional development ‘the same shall be used for those purposes only and no commercial/residential development shall be’ permitted unless it is a part of the plan ‘approved by the competent authority; :
SES D.the Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the said land on which Project is to be constructed have been completed. BARC seyietinecsss [Please insert the name ofthe concerned competent authority| has granted the commencement certificate to develop the Project vide its approval F. the Land is free from all encumbrances, OR the details of the encumbrances on the Land including any rights, title, interest or name of any party in or over the Land along with details are as under :- G.the Promoter has conceived, planned and is in the process of constructing and developing a real estate project known as led Peviy sans «iota vee onion:', (hereinafter referred to as the 'Project’) after getting necessary permissions/ approvals from theconcerned competent authorities and which inter-alia comprising of apartments/ plots/ buildings and includes the common areas, the development works, all- improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, on a piece and parcel of Land admeasuring ........... square Melersisituated at 2... css ecs..c,cbsss... and latitude & longitude of the end points of the Project are respectively. The location details are fully described in the Schedule-I.
H.the Project has been registered with the Real Estate Regulatory Authority on ace(date) and the Project Registration Certificate No. i8 viscccccsscsccccee This registration is valid for a period of.......... years commencing from........ and ending with......... unless extended by the Authority Thédetails of the Promoter and Project are also available in the website (WWW.iiescserscveves) of the Authority.
I. the layout plan/ site plan of the Project (......... Phase / whole Project) has been sanctioned vide No...... GE recess taaes Dyce S30ae Sead cavivessina one (compétent authority), and copy of which is enclosed as Schedule-2. ATT 6 (3) __ XIRUA WA-TA,_AY 3, 2017 Healan 21(28) J. approval of specifications of the Project and permission of building constructionUPrssaveccccrcas meters height (........floor) under the relevant legal provisionshas been accorded vide “No.:................ OAC oes onde eeoss by theAuerieivcesiieientere eet (competent authority). The specifications of the Project The Promoter agrees andundertakes ‘that it slall not make any changes to theseapproved plans except in strict compliance with section 14 of the Act and otherlaws as applicable; -K. the details of Floor pian of the Apartment No......... and for tower/ block of theProject is given inSchedule-3. L. the details of plan of development works to be.executed in the proposed Project andthe proposed facilities: to be provided thereof including fire-fighting facilities,drinking water facilities, emergency evacuation services, use of renewable energyetc., as provided under clause (e) of sub-section (2) ofsection 4, are as under :- M. the details of salient features of the proposed Project including access to theproject, design for electric supply including street lighting, ater supplyarrangements and site for disposal and treatment of storm and sullaye water, anyother facilities and amenities or public health services and other internaldevelopment works proposed to be provided in the Project are as under :- N.the details of other external development works to be taken for the Project re asunder :- P. the stage wise time-schedule of completion of the Project/ Phase thereof includingthe provisionsofcivic infrastructure like water, electricity, sanitation and all otherabove-mentioned internal/external development works is as under:- Stage Date by which the works are Details of works to be proposed to be completed completed Q. temporary fire NOC for the Project has been accorded by the......,naatetees videNOESea dated....,...:aaNeedaeel (Applicable only in case such NOCis required under local law) R. the Airport Authority of India has also granted NOC for height clearance for the Project vide No...........0008 ate 5aecssenna : ;
(Applicable only in case such NOC is required under local law) S. Environmental Clearance from the department concerned has bien obtained or the Project.
(Applicable only in case such clearance is required under locai law) T. Public Health & Engineering Department has also given NOC for developing the Project : ;
(Applicable only in case such NOC is required under local law) U.the Promoter has . opened a separate account “in - Branch’ iG icninenecee’ ade Of... Bank for the purpose as provided in sub-clause (D) of clause (1) of sub-section (2) of section 4.
V. the Allottee(s), being aware of the Project and details given in the advertisements about the Project made by the Promoter and/or on visiting the model of the Apartment/ Building, has applied for allotment and to purchase a Plot / Apartment/Building (hereinafter referred to as the 'Unit'). in the Project vide his/her/their/its application dated....™........ +++. The allottee(s) has also deposited a SUM Of RS2cocci (in words Rupees............00...05) as an advance payment/ booking amount including application fee (not being more than 10% of the cost of the apartment/plot as provided in sub-section (1) of section 13) and agrees to make timely and complete payments of the remaining sale price as well as other dues under this Agreement as per terms and conditions ofthis Agreement. W. the Allottee has applied for an apartment in the Project vide application ‘no. ..... dated. ..:..... and has been allotted apartment no. ..... having carpet area of ........ square feet, type....... ,on..... floor in [tower/block/building] no. ....... ("Building") along with garage/covered parking no. ....... admeasuring ...... square feet in the oetcaeeee . [Please insert the location of the garage/covered parking], as permissible under the applicable law and of pro rata share in the common areas :s defied under clause (n) of section 2 of the Act (hereinafter referredto as the "Apartment" more particularly described in Schedule-4 and the floor plan of the apartment is annexed hereto and marked as Schedule-3. . :
Note: Garage includes covered car parking/basement car parking/stilt ‘car parking.
‘ or ‘ the Allottee has applied for a plot in the Project vide application no. ..... dated ++eeeee, and has been allotted plot no. ..... having area of ........ square feet and plot for garage/covered parking no. ...,... admeasuring ...... square feet (if applicable) in the acu ss3 [Please insert thé location. of the garage/covered parking], as permissible under the applicable law and ofpro-rata share in the common areas as defied under clause (n) of section 2 of the Act, hereinafter referred to as the "Plot", more particularly described in Schedule-4; .
X. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights-and obligations detailed herein, The Parties hereby confirm that they are signing this Agreement with full knowledge of the all laws, rules, regulations, notifications etc. applicableto theProject. Y. The Parties, relying on.the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all-applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; Z. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the [Apartment/Plot] and the garage/covered parking (if applicable) as specified in para V.
NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO
MUTUALLY AGREE ON FOLLOWING TERMS AND CONDITIONS, NAMELY:- . dis; TERMS :
id Subject to the terms & conditions as detailed in this Agreement, the Promoter , hereby agrees to sell to the Allottee(s) and the Allottee(s) hereby agrees to purchase and receive ‘he Apartment / Plot as specified in para 'W' 12 The Total Price for the Apartment/ Plot based on the carpet area is Rs. ..............4 (in words Rupees...........0000000+ Weers lounges only) ("Total Price") (Give break- up and description):- Block/ Building/ Tower| Rate of Apartment per square WOvesccccs Apartment no. ... feet* TYPEois... "i Floor,.....::
- “* Provide break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential - location charges, cost of exclusive balcony or verandah areas, cost of exclusive Open terrace areas, taxes, maintenance c

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