,

UTTARAKHAND SHASHAN
AWAS ANUBHAG-2
N v -z-zoL7-79 (AWA sl | 2ot6 T. c.
o3.A J.

DEHRADUN, DATED AP. APRIL, 2ol7

UTTARAKHAND REAL ESTATE (REGULATION AND DEVELOPMENT)

(GENERAL) RULES,2017

In exercise of the powers conferred by section 84 read with sub-clause (i) of clause
(g) of section 2 oi the Real Estate (Regulation and Development) Act, 2016 (16 of
iOrc),the Governor is pleased to make the following rules for implementation of the
Act, namely:
-
CHAPTER I
PRELIMINARY

Short title and 1. (l)These rules may be called the 'Uttarakhand

Commencement Real Estate (Regulation and Development)
(General) Rules, 2017.
(2) It shall come into force with effect from
the date of notihcation.
Definitions 2, (1) In these rules, unless the context otherwise
requires, -
(a) "Act" means the Real Estate (Regulation
and DeveloPment) Act, 2017 ;
(b) "Annexure" means an annexure appended
to these rules;
(c) "authenticated copy" shall mean a self-
atLested copyof any document required to be
provided by any person under these rules;
(d) "Form" means a form appended to these
rules;
(e) "approptiate Government" means the State
Government of Uttarakhand;
(f) "layout plan" means a plan of the project
depicting the division or proposed division of
land into plots, roads, open spaces, amenities,
etc. and other details as may be necessary;
(g) "project land" means any parcel or parcels
of land on which the project is developed and
constructed bY a Promoter;

t i

l-'
 (h) "section" means a section of the Act; and
(2) Words and expressions used herein and
not defined, but defined in the Act, shall have
the same meaning respectively assigned to
them in the Act.

CHAPTER II
REAL ESTATE PROJECT
Information and 3. (l) The promoter shall fumish the following
documents to be additional information and documents, along
furnished by the with those specified under the relevant
promoter for sections of the Act, for registration of the real
registration of estate project with the Authority ; namely:-
project (a) authenticated copy of the PAN Card of the
promoter;
(b) audited balance sheet of the promoter for
the preceding financial year and iircome tax
retums of the promoter for immediately three
preceding financial years ;
(c) the number of open parking areas
available in the said real estate project;
(d) authenticated copy of the legal title deed
reflecting the title of the promoter to the land
on which development of project is proposed
along with legally valid documents for chain
of title with authentication of such title;
(e) the details of encumbrances on the land on
which development is proposed including any
rights, title, interest, dues, litigation and name
of party in or over such land or non
encumbrance certificate through an Advocate
having experience of at least ten years;
(f) where the promoter is not the owner of the
land on which development of project is
proposed, details of the consent of the owner
a
of the land along with copy of the
collaboration agreement, d development
agreement, joint development agreement or
any other agreement, as the case may be,
entered into between the promoter and such
owner and copies of title and other documents
reflecting the title of such owner on the land
on which project is proposed to be developed;
(g) name, photograph, contact details and
address of the promoter if it is an individual
and the name, photograph, contact details and
address of the Chairman, Partners, Directors,
as the case may be, and the authorized person
incase of other entities.
(2) The application to the Authority for
registration of real estate project shall be
made in writing in Form 'A', in triplicate,
until the procedure is made web based for
filing of such application.
(3) The promoter shall pay a 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 payment mode, as the case may be, for
a sum calculated atthe rate of:-
(a) in case of Group Housing Project ten-
rupees per square meter for projects where the
area of land proposed to be developed does
not exceed one thousand square meters; or
nrpees 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 lacks rupees;
(b) in case of mixed development (residential,
commercial and industrial and the like
project) fifteen rupees per square meter for
projects where the area of land proposed to be
developed does not exceed one thousand
square meter or fifteen rupees 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 seven lacks rupees;
(c) in case of commercial projects, twenty
rupees per square meter for projects where
the area of land proposed to be developed
does not exceed one thousand square meters,
or twenty five rupees 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 ten lakhs
 a

rupees;
(d) in case of plotted development of
residential, commercial, industrial and the like
uses projects, five rupees per square meter,
but shall not be more than two lakhs rupees.
(a) The declaration to be submitted under
clause (l) of sub-section (2) of section 4 of the
Act, shall not discriminate against any allottee
at the time of allotment of any apartment, plot
or building, as the case maY be.

Additional Disclosure bY 4. (1) Upon the notification for commencement

promoters of going of sub-section (l) of section 3, promoters of
projects an ongoing project which has not received
completion certificate shall, within the time
specified in the said subsection,, make an
application to the Authority as piovided in
Rule 3.
(2) The promoter shall in addition to
disclosures provided in Rule 3 disclose the
following information; namely :-
(a) the original sanctioned plan, layout plan
and specifications and the subsequent
modifications carried out, if any, including the
existing sanctioned plan, layout plan and
specifications;
(b) the total amount of money collected from
the allottees and the total amount of money
used for development of the project including
the total amount of balance money lying with
the promoter;
(c) status of the project (extent of
development carried out till date and the
extent of development pending) including the
original time period disclosed to the allottee
for completion of the project at the time of
sale including the delay and the time period
within which he undertakes to complete the
pending project, which shall be commensurate
with the extent ofdevelopment already
completed, and this information shall be
certified by an engineer, an architect and a
chartered accountant in practice.
 *

(3) The promoter shall disclose the size of the

apartment based on carpet area even if earlier
sold on any other basis such as super area,
super built up area, built up area etc.
which shall not affect the validity of the
agreement entered into between the promoter
and the allottee to that extent.
(4) In case of plotted development the
promoter shall disclose the area of the plot
being sold to the allottees as per the layout
plan.
(5) for projects that are ongoing and have
not received competition certificate, on the
date of commencement of the Act, the
promoter shall, within a period of three
months of the application for registration of
the project with the Authorlty, deposit in the
separate bank account, seventy percent ofthe
amounts akeady realized from the allottees,
which have not been utilized for construction
for construction of the project or the land cost
for the project as required under sub-clause
(d) of clause (1) of sub section (2) of Section
4, which shall be used for the purposes
specified therein.

Grant or rejection of (1) Upon the registration of a project as per

registration of the section 5 read with Rule 3 and Rule 4, as the
project case may be, the Authority shall issue a
registration certificate with a registration
number in Form 'C' to the Promoter.
(2) In case of rejection of the application as
per section 5 the Authority shall inform the
applicant in Form'D';

Provided that the authority may grant an

opportunity to the applicant to rectiff the
defects in the application within one month
form the date of order.

Extension of registration (1) The registration granted under the Act,

of the project. may be extended by the authority, on an
application made by the promoter in Form 'E'
 s)

in triplicate, until the application procedure is

made web based, within three months prior to
the expiry of the registration granted.
(2) The application for extension of
registration shall be accompanied with a
demand draft or a bankers cheque drawn on
any scheduled bank or through online
payment mode, as the case may be, for an
amount equivalent to @ the registration
fees as prescribed under sub-rule (3) of rule 3
along with an explanatory note setting out the
reasons for delay in the completion of the
project and the need for extension of
registration for the project, along with
documents supporting such reasons;

Provided that where the promoter ipplies for

extension of registration of the project due to
force majeure he shall not be liable to pay any
fee.
(3) The extension of registration of the project
shall not be beyond the period provided as per
local laws for completion of the project or
phase thereof, as the case may be.
(a) In case of extension of registration, the
Authority shall inform the promoter about
such extension in Form 'F' and in case of
rejection of the application for extension of
registration, the Authority shall inform the
promoter about such rejection in Form 'D';

Provided that the authority may grant an

opportunity to the promoter to rectiff the
defects in the application within such time
period as may b specified by it.

Revocation of Upon the revocation of registration of a

Registration of the project as per section 7, the Authority shall
project. inform the promoter about such revocation as
per Form'D'.
 CHAPTER III
REAL ESTATE AGENT
Application for (1) Every real estate agent required to register
Registration by the real as per sub-section (2) of section 9 of the Act
estate agent shall make an application in writing to the
Authority as per Form 'G' in triplicate, until
the application procedure is made web based,
along with the following documents, namely:-
(a) the brief details of his enterprise including
its name, registered address, type of enterprise
(proprietorship, societies, partnership,
companies etc.);
(b) the particulars of registration (whether
proprietorship, societies, partnership,
companies etc.) including the bye-laws,
Memorandum of Association, Articles of
Association etc. as the case may be;
(c) name, address, contact details and
photograph of the real estate agent if it is an
individual and the names, addresses, contact
details and photographs of the partners,
directors etc. in case of other entities;
(d) the authenticated copy of the PAN card of
the Real Estate Agent;
(e) the authenticated copy of the address
proof of the place of business;

(2) The real estate agent shall pay a

registration fee at the time of application for
registration by way of a demand draft or
bankers cheque drawn on any scheduled bank
or through online payment, as the case may
be, for a sum of rupees twenty five thousand
in case of the applicant being and individual;
or two lakh fifty thousand rupees in case of
the applicant other than an individual.

Grant of Registration to (1) On receipt of the application under Rule

the real estate agent 8, the Authority shall within a period of thirty
days either grant registration to the real estate
agent or reject the application as, the same
mav be:
 Provided that the authority may grant an
opportunity to the real estate agent to rectiff
th; defects in the application within one
month from the date of order ;

(2) Upon the registration of a real estate

agent, the Authority shall issue Registration
Cirtificate with a Registration Number in
Form'H' to the real estate agent;
(3) In case of rejection of the application, the
Authority shall inform the applicant in Form
'rt.
(a) The registration granted under this rule
shall be valid for a period eight years.
Renewal of registration 10 (1) The registration granted to a real estate
of real estate agent agent under the Act, may be renewed, on an
application made by the real estate agent in
pbrm 'J' in triplicate, until the application
procedure is made web based, which shall not
be less than three months prior to the expiry
of the registration granted.
(2) The application for renewal of registration
shall be accompanied with a demand draft or
a bankers cheque drawn on any scheduled
bank or through online payment, as the case
may be, for a sum of five thousand rupees in
case of the real estate agent being an
individual or fifty thousand rupees in case of
the real estate agent other than an individual.
(3) The real estate agent shall also submit all
the updated documents set out in clauses (a)
to (e) of sub rule (1) of Rule 8 at the time of
application for renewal.
(a) In case of renewal of registration, the
Authority shall inform the real estate agent
about the same in Form 'K' and in case of
rejection of the application for renewal of
registration the Authority, shall inform the
real estate agent in Form'I';

Provided that no application for renewal of

registration shall be rejected unless the
applicant has been given an opportunity of
being heard in the matter;
 Provided further that the Authority my grant
an opportunity to the real estate agent to
rectiff the defects in the application within
one month from the date of order.

(5) The renewal granted under this rule shall

be valid for a period of five years.

Revocation of 11 The Authority may, due to reasons specified

Registration of real under sub-section (7) of section 9, revoke the
estate agent registration granted to the real estate agent or
renewal thereof, as the case may be, and
intimate the real estate agent of such
revbcation as per Form 'I'.

Maintenance and t2 The real estate agent shall maintain and

preservation of books of preserve books of account, records and
accounts, records and documents in accordance with the provisions
docriments of the Income Tax Act, 1961. (as amended
from time to time)

Other functions of a real 13 The real estate agent shall provide assistance
estate agent to enable the allottee and promoter to exercise
their respective rights and fuIfilI 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 AUTIIORITY

Details to be published 14. The Authority shall ensure that the following
on the website information, as applicable, shall be made
available on its website in respect of each
project registered under the Act, namely:-
(a) Details of the promoter including the
following, namely;
(i) Promoter or Group Profile:
(A) a brief detail of his enterprise including its
name, registered address, type of enterprise
(proprietorship, limited liability society,
partnership, company, competent authority)
and the particulars of registration of such
enterprise and in case of a newly incorporated
or registered entity, brief details of the of the
parent entity including its name, registered
address, type of enterprise (whether
proprietorship, societies, limited liability,
partnership, company, competent authority);
(B) background of promoter -
work
experience of the promoter and in case of a
newly incorporated or registered entity work
experience of the Chairman, directors,
partners, as the case may be and that of
authorized persons of the parent entity.
(C) name, address, contact details and
photograph of the promoter in case of an
individual and the name, address, contact
details and photograph of the Chairman,
Directors, Partners and that of the authoized
persons in case of other than individual, as the
case may be;

(ii) Track record of the promoter:

(A) number of years of experience of the
promoter or parent entity, as the case may be,
in real estate development in the State of
Uttarakhand/other States or Union Territories;
(B) number of years of experience of the
promoter or parent entity, as the case may be,
in real estate development in the State of
Uttarakhand/other States or Union
Territories.;
(C) numbers of completed projects and area
constructed till date in the past five years
including the status of the projects, delay in
its completion, details of type of land and
payments pending;
(D) number of ongoing projects and proposed
area to be constructedl launched in the past
five years including the status of the said
projects, delay ins completion, details of type
of land and payments pending.

10
(E) details .J profile of ongoing and
completed projects for the last 5 years as
provided under clause (b) of sub-section (2)
of section 4.
(iii) Litigations: Details of litigation in the
past five years in relation to the real estate
projects developed or being developed by the
promoter;
(iv) Website:
(A) web link of the promoter or the parent
entrty, as the case may be,
(B) web link of the project.
(b) Details of the real estate project including
the following, namely -
(ii) Compliance and registration :
(A) authenticated copy of the approvals and
commencement certificate from the
competent authority as provided under clause
(c) of sub-section (2) of section 4;
(B) the sanctioned plan, layout plan and
specifications of the project or the phase
thereof, and the whole project as sanctioned
by the competent authority as provided under
clause (d) of sub-section (2) of section 4;
(C) details of the registration granted by the
Authority under the Act;
(iii) Apartment, plot and gatage related
details:
(A) Details of the number, type and carpet
area of apartments for sale in the project
along with the area of the exclusive open
terrace area with the apartment, if any, or
details of number, type and area of plots for
sale in the project or both, as the case may be;
(B) Details of the number and areas of garage
for sale in the project ;
(C) Details of the number of open parking
areas and covered area available in the real
estate project.
(iv) Registered Agents: Names and addresses
ofreal estate agents for the project;
(v) Consultants: Details, including name and
addresses, of contractors, arehitect and
7L
structural engineers and other persons
concerned with the development of the real
estateproject such as -
(A) Name and address of the Person;
(B) Names of promoters;
(C) Year of establishment;
(D) Names and profile of key projects
completed;
(vi) Location: the details of the project, with
clear demarcation of land dedicated for the
project along with its boundaries including the
latitude and longitude of the end points of the
project ;

(vii) Development Plan:

(A) The plan of development works to be
executed in the proposed project and the
proposed facilities to be provided thereof
including fire fighting facilities, drinking
water facilities, emergency evacuation
services, use of renewable energy etc. ;
(B) Amenities: a detailed note explaining the
salient features of the proposed project
including access to the project, design for
electric supply including street lighting, water
supply affangements and site for disposal and
treatment of storm and sullage water, any
other facilities and amenities or public health
services proposed to be provided in the
project;
(C) Ganff (Horizontal) Charts and Project
schedule: - the plan of development works to
be executed in the project and the details of
the proposed facilities to be provided thereof
and the time lines to achieve the same;
(D) the stage wise time schedule of
completion of the project including the
provisions for civic infrastructure like water,
sanitation and electricity etc.
(c) Financial details of the promoter:
(i) authenticated copy of the PAN card of the
promoter;

L2
(ii) the annual report including audited Profit
and Loss Account balance sheet, cash flor
statement, directors report and the auditors
report of the promoter for the immediately
priceding three financial years and where
annual report is not available, then the audited
Profit ut d Lots Account, balance sheet, cash
flow statement and the auditor's report of the
three preceding
-financialfor the immediately
promoter
years and incase of a newly
incorporated or registered entity such
information shall be disclosed for the parent
entity.
(d) The promoter shall upload the following
updates on the webpage for the project, within
fifteen days from the expiry of each quarter,
namely:-
(i) List of number and types of apartments or
plots booked;
(ii) List of number of garages booked;
(iii) Status ofthe Project:
(A) Status of construction of each building
with photograPhs;
(B) Status of construction of each floor with
photographs;
(Ci Status of construction of internal
infrastructure and common areas with
photographs.
(iv) Status of approvals;
(A) Approval received;
(B) Abprovals applied and expected date of
receipt;
(C) Approvals to be applied and date planned
for application;
(U) VtoOifrcations, amendment or revisions, if
any, issued by the competent authority with
regard to any sanctioned plans, layout pla1s,
spicifications, license, permit or approval for
the project.
(e) the details of approvals, permissions,
clearances, legal documents;
(i) Approvals:

13
 I

(A) Authenticated copy of the license or land

use permission, building sanction plan and the
commencement certificate from the
competent authority obtained in accordance
with the laws applicable for the project, and
where the project is proposed to be developed
in phases, an authenticated copy of the license
or land use permission, building sanction plan
and the commencement certificate for each of
such phases;
(B) Authenticated copy of the site plan or site
map showing the location of the project land
along with names of revenue estates, survey
numbers, cadastral numbers, khasra numbers
and area of each parcels of the project land;
(C) Authenticated copy of the layout plan of
the project or the phase thereof, and also the
layout plan of the whole project as sanctioned
by the competent authority and other
specifications ofthe project;
(D) Floor plans for each tower and block
including clubhouse, amenities and common
areas;
(E) Any other permission, approval, or licence
that may be required under applicable law
including fire no-objection certificate,
permission from water and sewerage
department etc.
(F) Authenticated copy of occupancy
certificate and completion certificate
including its application.
(ii) Legal Documents -
(A) Details including the proforma of the
application form, allotment letter, agreement
for sale and the conveyance deed;
(B) Authenticated copy of the legal title deed
reflecting the title of the
promoter to the land on which development is
proposed along with legally valid documents
for chain title with authentication of such title;
(C) Land Title Search Report from an
advocate having experience of at least ten
vears:

v
(D) Details of encumbrances on the land on
which development is proposed including
details of any rights, title, interest, dues,
litigation and name of any party in or over
such land or non encumbrance certificate
from an advocate having experience of at-
least ten years from the Revenue authority
not below the rank of Tehsildar, as the case
may be;
(E) where the promoter is not the owner of the
land on which development is proposed,
details of the consent of the owner of the land
along with a copy of the collaboration
agreement, development agreement, joint
development agreement or any other
agreement, as the case may be, entered into
between the prornoter and such owner and
copies of title and other documents reflecting
the title of such owner on the land proposed to
be developed;
(F) details of rnortgage of charge, any, if
created on the land and the project;
(f) Contact details: Contact address, contact
numbers and email-ids ofthe promoter,
authotized person and other officials related
to the project.
(2) The Authority shall maintain a data base.
And ensure that the information specified
therein shall be rnade available on its website
in respect of each project revoked or
penalized, as the case may be.
(3) The authority shall ensure that
the following information shall be made
available on its website in respect of each real
estate agent registered with it
or whose
application for registration has been rejected
or revoked, namely ;
(a) For real estate agents registered with the
Authority;
(i) registration number and the period of
validity of the registration of the real estate
agent with the authority;
(ii) brief details of his enterprise including its
15
name, registered address, type of enterprise
(whether proprietorship, societies,
partnership, companies etc.);
(iii) particulars of registration as
proprietorship, societies, partnership company
etc. including the bye-laws, memorandum of
association,
articles of association etc. as the case may be;
(iv) name, address, contact details and
photograph of the real estate agent if it is and
individual if it is an individual and the name,
address, contact details and photograph of
the partners, directors etc. in case of other
persons;
(v) authenticated copy of the PAN card of the
real estate agent;
(vi) authenticated copy of the address proof
or the place ofbusiness and the contact
address , contact numbers and email-id of the
real estate agent and its other officials;

(b) In case of applicants whose application for

registration as a real estate agent have been
rejected or real estate agents whose
registration has been revoked by the
Authority:
(i) registration number and the period of
validity of the registration of the real estate
agent with the Authority;
(ii) brief details of his enterprise including its
name, registered address, type of enterprise
(whether proprietorship, societies,
partnership, companies etc.);
(iii) name, address, contact details and
photograph of the real estate agent if it is an
individual and the name, address, contact
details and photograph of the partners,
directors etc. in case of other persons.
(c) Such other documents or information as
may be specified by the Act or the rules and
regulations made thereunder.
(a) The Authority shall maintain a back-up, in
digital form, of the contents of its website in

15
 terms of this rule, and ensure that such back-
up is updated on the last day of each month.

CIIAPTER V
RATE OF INTEREST PAYABLE BY
PROMOTER AND ALLOTTEE AND
TIMELINES FOR REFUND

Rate of interest payable 15 The rate of interest payable by the promoter to

by the promoter and the the allottee or by the allottee to the promoter,
allottee 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 trndia

Marginal Cost of Lending Rate is not in use, it
would be replaced by such benchmark lending
rate which the State Bank of India may fix
from time to time for lending to the general
public.

Timelines for refund l6 Any refund of monies along with the

applicable interest and compensation, if any,
payable by the promoter in terms of the Act or
the rules and regulations made there under,
shall be payable by the promoter to the
allottee within forty-five days from the date
on which such refund along with applicable
interest and compensation, if any, becomes
due.

CHAPTER \rI
REAL ESTATE AUTHORITY

Manner of selection of 17 (1) The Regulatory Authority shall consist of

chairperson and a Chairperson and three whole time members
members of the to be appointed by the appropriate
Authority Government. As and when vacancies of
Chairperson or a Member in the Authority
exist or arise, or are likely to arise, the
appropriate Government may make a
reference to the Selection Committee in
respect of the vacancies to be filled.

L7
 (2) The Selection Committee may, for the
purpose of selection of the Chairperson or a
Member of the Authority, follow such
procedure as deemed fit including the
appointment of a Search Committee
consisting of such persons as the Selection
Committee considers appropriate to suggest a
panel of names for appointment as
Chairperson or Member of the Authority.
(3) The Selection Committee shall select
persons for each vacancy and recommend the
same to the appropriate Government.
(a) The Selection Committee shall make its
recommendation to the
Government within a period of
from the date of reference made pnder sub-
rule (1).
(5) The appropriate government shall within
thirty days from the date of the
recommendation by the Selection Commifiee,
appoint one of the two persons recommended
by the Selection Committee for the vacancy
of the Chairperson or Member, as the case
may be.

Salary and allowances 18 (1) The salaries and allowances payable to the
payable and other terms Chairperson and Members of the Authority
and conditions of service shall be as follows:
of Chairperson and (a) The Chairperson shall be paid a
Members of the consolidated monthly salary of two lakh fifty
Authorify thousand rupees and shall not be entitled to
any allowance relating to house and vehicle;
(b) The Member shall be paid a consolidated
monthly salary of two lakh rupees and shall
not be entitled to any allowance relating to
house and vehicle;
(2) The Chairperson and other Member shall
be entitled to thirfy days of eamed leave for
every completed year of service.
(3) The other allowances and conditions of
service of the Chairperson and the Members
shall be such as may be determined by the
appropriate governnnent from tirne to time.
Administrative Powers t9 (1) The Chairperson of the Authority shall
of the ChairPerson of the exercise the administrative powers in respect
Authority of-
(a) matters pertaining to staff strength, wages
and salaries structures, emoluments,
perquisites and personnel policies;
-
(b) matters pertaining to creation and
abolition of Posts;
(c) ointments,
prom posts;
tOl bY any
Member, officer or emPloYee;

medical claims;
(h) all matters in relation to grant or rejection
of leaves ;
(D permission for hiring of vehicles for
official use;
() nominations for attending seminars,
Jonferences and training courses in India or
abroad;
(k) permission for invitation of guests to carry
out training course;
(D matteis pertaining to staff welfare
expenses;
(m) sanction scrapping or write-off of capital
assets which due to normal wear and tear have
become unserviceable or are considered
beyond economical rePairs;
("j matters relating to disciplinary action-
against any Mernber, officer or employee of
the authority ;
(2) The Chairman of the authority shall also
exercise such other powers that may be
required for the the
AuthoritY and en ons
of the Act and ons
made thereunder"
Salary and allowances 20 (1) The conditions of service of the offrcers
payable and other terms and employees of the Authority and any other
and conditions of service category of employees in the matter of pay,
of the officers and other allowances, leave, joining time, joining time
employees of the pay, age of superannuation and other
Authority conditions of service, shall be regulated in
accordance with such rules and regulations as
are, from time to time, applicable to officers
and employees of the appropriate Government
and drawing the coffesponding scales of pay;
(2) The appropriate govemment shall have
power to relax the provisions of any of these
rules in respect of any class or category of
officers or employees.

Functioning of the 2l
Authority

The office of the Authoritv

shall be located at such place as may be
determined by the appropriate Government by
notification.

(2) The working days and office hours of the

Authority shall be the same as that of the
appropriate Government.
(3) The official common seal and emblem of
the Authority shall be such as the appropriate
Government may speciff.
(4) Every Notice, order or direction of the
Authority shall bear the seal of the authority
which shall be in custody with the person
designated by the Chairperson.
(5) The Authority shall ordinarily have siffing
at its headquarters and at such other places as
the Chairperson may by general or special
order speeiff.

20 l
N
Additional powers of the 22 (1) In addition to the powers specified in
Authority Clause (iv) of subsection (2) of section 35,
the Authority shall exercise the following
additional powers:
(a) require the promoter, allottee or real estate
agent to furnish in writing such information or
explanation or
produce such documents
within such reasonable time, as it may deem
necessary;
(b) requisitioning, subject to the provisions of
sections L23 and 124 of the Indian Evidence
(l
Act, 1872 of 1872), any public record or
document or copy of such record or document
from any office.
(2) The Authority may call upon such experts
or consultants from the fields of ebonomics,
commerce, accountancy, real estate,
competition, construction, architecture or
engineering or from any other discipline as it
deems necessary, to assist the Authority in the
conduct of any inquiry or proceedings before
it.
(3) The authority may in the interest of the
allottees, inquire into the payment of amounts
imposed as penalty, interest or compensation,
paid or payable by the promoter, in order to
ensure that the promoter has not:
(a) withdrawn the said amounts from the
account maintained as provided under sub
clause (d) of clause (l) of sub-section (2) of
section 4; or
(b) used any amounts paid to such promoter
by the allottees for the that real estate project
for which the penalty, interest or
compensation is payable, or any other real
estate project; or
(c) recovered the amounts paid as penalty,
fine or compensation from the allottees of the
relevant real estate project or any other real
estate project.

27
Recovery of interest, 23 The recovery of the amounts due such as
penalfy and interest, penalty or compensation shall be
compensation recovered as arrears of land revenue in the
manner provided under applicable local laws.

CIIAPTER VII
CENTRAL ADVISORY COUNCIL

Recommendation of the 24 (l) Central Advisory Council shall, at such

Central Advisory intervals as it may deem necessary, make
Council recommendation on the matters set out in sub-
section (1) of section 42 of the Act.
(2) The Central Advisory Council shall
prepare draft recommendation and invite
comments on the same from stakeholders.
experts, civil society etc.
(3) Upon receipt of comments onlthe draft
recommendation as per sub-rule (2), the
Central Advisory Council shall ftnalize its
recommendation after incorporating such
comments as it rnay deem appropriate and
refer the same to the Central Government,
who shall have the authority-
(a) to accept such recommendation in entirety;
(b) to accept such recommendation with such
amendments as it may deem fit and proper;
(c) to refer back such recommendation to the
Central Advisory Council with its comments
for consideration;
(d) to reject such recommendation.
(4) Pursuant
'to acceptance of the
recommendations or part thereof the Central
Government may share the recommendation
of the Central Advisory Council with the
appropriate Government of States and Union
Territories with Legislature for further
necessary action to give effect to the said
recommendation.
(5) As regards, the Union territories without
Legislature, the Central Government may, if it
deems fit, by notification. make rules to give
effect to such recommendations of the Central
Advisory Council.
 @
CHAPTER VIII
REAL ESTATE APPELLATE
TRIBUNAL
Appeal and the fees 25 (1) Every appeal filed under subsection (l) of
payable section 44 shall be accompanied by a fee of
five thousand rupees in the form of a demand
draft 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 said Appellate Tribunal is situated
or through online payment, as the case may
be.
(2)Every appeal shall be filed in F.orm ,L' in
triplicate, until the application prbcedure is
made web based, along with the following
documents:
(a) true copy of the order against which the
appeal is filed;
(b) Copies of the documents relied upon by
the appellant and referred to in the appeal;
(c) An index of the documents.
(3) Every appeal shall be either filed at rhe
filing counter of the Registry of the Appellate
Tribunal or through a Registered post or
through online system as applicable.
(a) In case of an appeal sent by post under
sub-rule 3, it shall be deemed to have been
presented to the Appellate Tribunal on the day
on which it is received in its office.
(5) Where a party to the appeal is represented
by an authorized person as provided under
Section 56, a copy of the authorization to act
as consent thereto by
su oth in original, shall
be
(6) On the date of hearing or any other date to
which hearing could be adjourned, it shall be
obligatory on the parties or their agenrs, as
the case may be, to appear before the
Appellate Tribunal;
 Provided that where the appellant or his
authorized person, as the case may be, fails to
appear before the Appellate Tribunal on such
days, the Appellate Tribunal may in its
discretion either dismiss the appeal for default
or decide it on merits and where the opposite
party or his authorized person fails to appear
on the date of hearing, the Appellate Tribunal
may decide the appeal ex-parte.
(7) The procedure for day to day functioning
of the Appellate Tribunal, which have not
been provided by the Act or the rules made
there under, shall be as specified by the
Appellate Tribunal.

Selection of members of 26 (l) As and when vacancies of a Member in

the Appellate Tribunal the Appellate Tribunal exist or arise, or are
likely to arise, the appropriate Government
may make a reference to the Selection
Committee in respect of the vacancies to be
-t filled.
(2) The Selection Committee may, for the
purpose of selection of the Member of the
Appellate Tribunal, follow such procedure as
deemed fit including the appointment of a
Search Committee consisting of such persons
as the Selection Committee considers
appropriate to suggest a panel of names for
appointment as Member of the Appellate
Tribunal.
(3) The Selection Committee shall select two
persons for each vacancy and recommend the
same to the appropriate Government.
(a) The Selection Committee shall make its
recommendation to the appropriate
Government within a period of sixty days
from the date of reference made under sub -
rule
(l).
(5) The appropriate government shall within
thiny days from the date of the receipt of
24
 recommendation by the Selection Committee,
appoint one of the two persons recommended
by the Selection Committee for the vacancy
of the Member.

Salary and allowances 27 (1) The salaries and allowances payable to

payable and other terms the Chairperson and Members of the
and conditions of service Appellate Tribunal shall be as follows:
of Chairperson and (a) The Chairperson shall be paid a monthly
Members of the salary equivalent to the last drawn salary by
Appellate Tribunal such person, as a Judge of a High Court;
(b) The Member shall be paid a monthly
salary equivalent to the salary drawn at the
maximum of the scale of pay of Principal
Secretary to the State.

Provided that any person who has held a post

with the Govemment, senior than that of
Principal Secretary to the State Govemment,
prior to becoming a Member, he shall be paid
a monthly salary colresponding to the post at
which he retired.
(2) The Chairperson and every other Member
shall be entitled to thirty days of earned leave
for every completed year of service.
(3) The other allowances and conditions of
service of the Chairperson and the other
Member shall be such as may be determined
by the appropriate Government from time to
time.

Inquiry of the charges 28 (1) The appropriate Govemment shall on the

against the Chairperson occuffence of any of the circumstances
or Member of the specified in clause (d) or clause (e) of sub-
Authority or the section (1) of section 26 in case of a
Appellate Tribunal Chairperson or Member of the Authority or as
specified under sub-section (1) of section 49
in case of a Chairperson or Member of the
Appellate Tribunal, either by receipt of a
complaint in this regard or suo motu, as the
case may be, make a preliminary scrutiny
with respect to such charges against the
Chairperson or any Member of the Authority
or Appellate Tribunal, as the case may be.

(z)If, on preliminary scrutiny, the appropriate

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 Chief
Justice of the High Court to appoint a sitting
or retired Judge of the High Court.
(3) The appropriate Government shall forward
to the Judge appointed under sub-rule (2),
copies of, -
(a) the statement ofcharges against the
Chairperson or Member of the Authority'or
Appellate Tribunal, as the case may be; and
(b) material documents relevant to
the
inquiry. '

(4) The Chairperson or Member of the

Authority or Appellate Tribunal, as the case
may be, shall be given areasonable
opportunity of being heard with respect to the
charges within the time period as may be
specified in this behalf by
the Judge
conducting the inquiry in the matter.
(5) Where it is alleged that the Chairperson or
Member of the 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 Judge may arcaruge for the medical
examination of the Chairperson or Member of
the Appellate Tribunal.
(6) After the conclusion of the investigation,
the Judge shall submit his report to the
appropriate Government stating therein his
findings and the reasons thereof on each of
the articles of charges separately with such
observations on the whole case as he thinks
fit.
(7) After receipt of the report under sub- rule
(6), the appropriate Government shall in
consultation with the Chief Justice of the
High Court decide to either remove or not to
 P

remove the Chairperson or Member of the

Authority or Appellate Tribunal, as the case
may be.

Salary and allowances 29 (1) The conditions of service of the officers

payable and other terms and employees of the Appellate Tribunal and
and conditions of service any other category of employees in the matter
of the officers and other of pay, allowances, leave, joining time,
employees of the joining time pay, age of superannration and
Appellate Tribunal other conditions of service, shall be regulated
in accordance with such rules and regulations
as ff€, from time to time, applicable to
officers and employees of the appropriate
Government and drawing the corresponding
scales of pay;
(2) The appropriate Govemment shall have
power to relax the provisions of any of these
rules in respect of any class or category of
offrcers or employees, as the case may be.

Additional powers of the 30 (l) In addition to the powers specified in

Appellate Tribunal clause (g) of sub-section (4) of Section 53,
the Appellate Tribunal shall exercise the
following additional powers :-
(a) require the promoter, allottee or real
estate agent to furnish in writing such
information or explanation or produce such
documents within such reasonable time, as it
may deem necessary;
(b) requisitioning, subject to the provisions of
sections 123 and I24 of the Indian Evidence
Act, 1872 ( I of 1872), any public record or
document or oopy of such record or document
from any office.
(2) The Appellate Authority may call upon
such experts or consultants from the fields of
economics, commerce, accountancy, real
estate, competition, construction, architecture,
law or engineering or from any other
discipline as it deems necessary, to assist the
Appellate Tribunal in the conduct of any
inquiry or proceedings before it.

27
Administrative powers 31 (1) The Chairperson of the Appellate
of the Chairperson of the Tribunal shall exercise the administrative
Appellate Tribunal powers in respect of -
(a) matters pertaining to staff strength, wages
and salaries structures, emoluments,
perquisites and personnel policies;
(b) matters pertaining to creation and
abolition of posts;
(c) matters pertaining to appointments,
promotions and confirmation for all posts;
(d) acceptance of resignations by any
Member, officer or employee;
(e) officiating against sanctioned posts;
(f) authorization of tours to be undertaken'by
any Member, officer or employee within and
outside India;
(g) matters in relation to reimbursement of
medical claims;
(h) matters in relation to grant or rejection of
leaves.
(i) permission for hiring of vehicles for
official use;
0) nominations for attending seminars,
conferences and training courses in India or
abroad;
(k) permission for invitation.of guests to carry
out training course;
(D mafiers pertaining to staff welfare
expenses;
(m) sanction scrapping or write-off of capital
assets which due to normal wear and tear have
become unserviceable or are considered
beyond economical repairs;
(n) matters relating to disciplinary action
against any Member, officer or employee;

(2) The Chairperson of the Appellate

Tribunal shall also exercise such other
powers that may be required for efficient
functioning of the Appellate Tribunal and
enforcement of the provisions of the Act and
the Rules and regulations rnade there under.

28
Functioning of Appellate 32 (1) The office of the Appellate Tribunal shall
Tribunal be located at Dehradun but the Tribunal act
at such places as per necessity.
(2) The working days and office hours of the
Appellate Tribunal shall be the same as that of
normal working days and officer hours of the
other office of the appropriate Government.
(3) The official common seal and emblem of
the Appellate Tribunal shall be such as the
appropriate Government may specify.
(4) Evert notice, order and judgement of the
Appellate Tribunal shall bear seal of the
Appellate Tribunal which shall be in the
custody with the person designated by the
Chairperson.
(5) The Appellate Tribunal shall ordinarily
have sittings at its headquarter and at such
places as the Chairperson may by general or
special order speciff.

CIIAPTER IX
OFFENCES AND PENALTIES

Terms and conditions 33 (1) The court shall, for the purposes of
and the fine payable for compounding any offence punishable with
compounding of offence imprisonment under the Act, accept an
amount as specified below :-

Offence Amount to be paid for

compounding the offence

Punishable with Ten per cent. of the

imprisonment under sub estimated cost of the real
section (2) of Section estate Ten percent of the
59 estimated cost of the real
estate project.
Punishable with Ten percent of the
imprisonment under estimated cost of the real
section 64. estate project.
Punishable with Ten percent of the
imprisonment under estimated cost of the plot,
Section 66 apartment or building, os
the case may be, of the
29
 real estate project, for
which the sale or purchase
as been facilitated.
Punishable with Ten percent of the
imprisonment under estimated cost of the plot,
Section 68 apartment or building, &s
e case may be.
(2) The promoter, allottee or real estate
agent, as the case may be, shall comply with
the orders of the Authority or the Appellate
Tribunal, within the period specified by the
Court, which shall not be more than thirty
days from the date of compounding of the
offence.
(3) On payment of the sum of money in
accordance with sub-rule (l) and subsequent
to compliance of the orders of the Authority
or the Appellate Tribunal as provided in sub-
rule (2), any person in custody in connection
with that offence shall be set at liberty and
no proceedings shall be instituted or
continued against such person in any court
for that offence.
(a) The acceptance of the sum of money for
compounding an offence under sub -rule (1)
by the court shall be deemed to be an
acquittal within the meaning of section 300
of the Code of Criminal Procedure. 1973
(2 of 1974).

CIIAPTER X
FILING OF COMPLAINT WITH THE
AUTHORITY AND THE
ADJUDICATING OFFICER

Filing of complaint 34 (1) Any aggrieved person may file a

with the Authority and complaint with the Authority for arry
inquiry by the Authority violation under the Act or the rules and
regulations made there under, save as those
provided to be adjudicated by the
adjudicating officer, as per Form 'M' in
duplicate, until application procedure is
made web based. which shall be

1'.,
accompanied by a fee of rupees one
thousand in the form of a demand draft
drawn or bank
nationalized bank
infavor of Authoritv 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 docurnents to the respondent;
(b) the respondent against whom such
notice is issued under clause (a) of sub-rule
(2), may file his reply in respect of the
complaint within the period as specified in
the notice;
(c) the notice may speciff a date and time
for further hearing and the date and time for
hearing shall also be communicated to the
complainant;
(d) on the date so fixed, the Authority shall
explain to the respondent about the
contravention alleged to have been
committed in relation to any of the
provisions of the Act or the rules and
regulations made there under 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 there under;
(ii) does not plead guilty and contests the
complaint, the Authority shall demand and
explanation from the respondent;
(e) incase the Authorify is satisfied on the
basis of the submissions made that the
31

i'
 -\
$v
complaint does not require any further
inquiry it may disrniss the complaint;
(f) in case the Authority is satisfied on the
basis of the submissions made that the there
is need for further hearing into the complaint
it may order production of documents or
other evidence on a date and time fixed by
iu
(g) the Authority shall have the power to
carry out an inquiry into the complaint on
the basis of documents and submissions;
(h) the Authority shall have the power to
summon and enforce the afiendance of any
person acquainted with the facts and
circumstances of the case to give evidence
or to produce any documents which in the
opinion of the adjudicating officer, may be
useful for or relevant to the subject matter of
the inquiry, and in taking such evidence the
Authority shall not be bound to observe the
provisions of the Indian Evidence Act, 1872
(1 of1872);
(i) on the date so f,txed, the Authority upon
consideration of the evidence produced
before it and other records and submissions
is satisfied that;
(i) the respondent is in contravention of the
provisions of the Act or the rules and
regulations made there under it shall pass
such orders including imposition of penalty
as it thinks fit in accordance with the
provisions of the Act or the rules
and regulations made there under;
(ii) the respondent is not in contravention of
the provisions of the Act or the rules and
regulations made there under, the Authority
fr&y, by order in
writing, dismiss the complaint, with reasons
to be recorded in writing.
0) 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

32
 ,--\
@
absence of such person or persons after
recording the reasons for doing so.
(3) the procedure of day to day functioning
of the Authority, which has not been
provided by the Act or the rules made there
under, shall be as specified by regulations
made by the Authority.
(4) Where a party to the complaint is
represented by an authorized person as
provided under section 56, a copy of the
authorization to act as such and written
consent thereto by such authorized person,
both in original, shall be appended to thp
complaint or the reply to the notice of the
complaint, as the case may be.

Fiting a complaint with 35 (1) Any aggrieved person may file a

the adjudicating officer complaint with the adjudicating officer for
and inquiry by the compensation under section 12, 14, l8 and
adjudicating officer 19 as per 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 drawn on a nationalized bank
in favour of Authority and payable at the
branch of that bank at the station where the
seat ofthe said Authority is situated.
(2) The adjudicating officer shall for the
putposes of adjudging interest and
compensation follow summary procedure
for inquiry in the following manner, namely

(a) Upon receipt of the complaint the

a notice
adjudicating officer shall issue
along with particulars of the alleged
contravention and the relevant documents to
the respondent ;
(b) The respondent against whom such
notice is issued under clause (l) of sub-rule
(2) may file his reply in respect of the
complaint within the period as specified in
the notice;
(c) The notice may specifi a date and time
for further hearing and the date and time for
the hearing shall also be communicated to
the complainant;
(d) On the date so fixed, the adjudicating
officer shall explain to the promoter about
the contravention alleged to have been
committed in relation to any of the
provisions of the Act or the rules and
regulations made there under and if the
respondent;
(i) pleads guilty, the adjudicating officer
shall record the plea, and award such
compensation as he thinks fit in accordance
with the provisions of the Act or the rules
and regulations, made there under;
(ii) does not plead guilty and contests the
complaint, the adjudicating officer shall
demand and explanation from the
respondent;
(e) incase the adjudicating officer is satisfied
on the basis of the submissions made that
the complaint does not require any further
inquiry itmay dismiss the complaint;
(0 in case the adjudicating offrcer is
satisfied on the basis of the submissions
made that there is need for further hearing
into the complaint it may order production
of documents or other evidence on a date
and time fixed by him;
(g) the adjudicating officer shall have the
power to carry out an inquiry into the
complaint on the basis of documents and
submissions;
(h) the adjudicating officer shall have the
power to sumrnon and enforce the
attendance of any person acquainted with
the facts and circumstances of the case to
give evidence or to produce any documents
which in the opinion of the adjudicating
office, may be useful for or relevant to the
subject matter of the inquiry, and in taking
such evidence, the adjudicating officer shall
not be bound to observe the provisions of
 .i
@
the Indian Evidence Act 1872 (1 f 1872).
(i) on the date so fixed, the adjudicating
officer upon consideration of the evidence
produced before him and other records and
submissions is satisfied that the respondent
is-
(i) liable to pay interest and compensation,
as the case may be, the adjudicating officer
may, by order in writing, order payment of
interest as specified in rule 15 and such
compensation as he thinks fit, as the case
may be, in accordance with the provisions s
of the Act or the rules and regulations, made
there under; or
(ii) not liable to any interest, compensation,
as the case may be, the adjudicating officer
fr&!, by order in writing, disrhiss the
complaint, with reasons to be recorded in
writing.
0) If any person fails, neglects or refuses to
appear, or present himself as required before
the adjudicating officer, the adjudicating
officer shall have the power to proceed with
the inquiry in the absence of such person or
persons after recording the reasons for doing
so.
(3) The procedure for day to day functioning
of the adjudicating officer, which have not
been provided by the Act or the rules made
there under, shall be as specified by
regulations made by the Authority.
(4) Where a pafiy to the complaint is
represented by an authorized person as
provide under section 56, the copy of the
authorization to act as such and the written
consent thereto by such authorized person,
both in original, shall be appended to the
complaint or the reply to the notice of the
complaint, as the case maY be.

35
 ,

CIIAPTER XI
BUDGET Ai\D REPORT

Budget, accounts and 36 (l) At the end of the financial Year,

audit every yeffi, the AuthoritY shall
prepare a budget, maintain Proper
accounts and other relevant records
and prepare an annual statement of
accounts.
(2) The Authority shall preserve the
accounts and other relevant record
prepared under sub-rule (1) for a
minimum period of five years.
(3) The accounts and other relevant
records under sub-rule (1) shall be
signed by the ChairPerson,
Members, Secretary and the
Officer In-Charge of Finance and
Accounts.
(4) The accounts of the Authority and
the audit report shall, as soon as
possible, be submitted to the
appropriate Government, i ':' ',i
:1 ,a --.j
a Jir- |

Annual Report 37 (1) The Authority shall prepare its

Annual Report .
(2) The authority may also include in
the Annual Report such other
matters as deemed fit bY the
Authority for rePorting to the
appropriate Government.
(3) The Annual Report shall, after
adoption at a meeting of the
Authority, duly signed bY the
Chairperson and Members and
authenticated by affixing the
Common Seal of the authoritY,
with requisite number of coPies
thereof, be submitted to the
appropriate Government within a
 @
period of one hundred and eightY
days immediately following the
close of the year for which it has
been prepared.

(S ar)
Additional Secretary

-2-2017-

1- Chief Administrator, Uttarkhand Housing and Urban Development

Authority, Dehradun.
2- Vice Chainnan, All Develpment Authorities, Dehradun/Haridwar.
3- All District Magistrates, Uttarakhand/Vice Chairman, All Local
Develpment Authorities,
4- S ecretary, All Special Area Develpment Authorities, DehradunA.lainital.

5- Secretary, All Local Develpment Authorities, Uttarakhand.

6- Joint Director, Government Printing Press, Roorkee, Hari
7- Guard File.

Additional Secretary

37
 FORM'A'

[See rule 3(2)]

APPLICATIONFoRREGISTRATIONoFPROJECT

To
The Real Estate AuthoritY

Sir,

I/We hereby apply for the grant of registration of mylour project tq be set up at
Tehsil District State
1. The requisite particulars are as under:-
(i) Status- of the applicant, whether individual I company / proprietorship ftrm I
societies /
partnership firm / competent authority;
(ii) In case of individual -
(a) Name
(b) Father's Name
(c) Occupation
(d) Permanent address
(e) Contact details (Phone Number, E-mail, Fax Number etc.)
(f) Name, photograph, contact details and address of the Promoter
OR
/ /
In case of firm societies / trust companies limited liability partnership /
/
Competent AuthoritY etc. -
(a) Name
(b) Address
(c) Copy of registration certificate
(d) Main objects
(e) Contact details (Phone Number, E-mail, Fax Number etc.)
(f; Name, photograph and address of Chairman of the governing body I partnets I
directors and Authoized Person etc.
(iii) PAN No. ;
(iv) Name and address of the bank or banker with which account in terms of sub-
dhuse (O) of clause (1) of sub section (2) of Section 4 will be maintained
,
(v) Details of project land held by the applicant
i"i) gti.f details of the projects launched by the promoter may
in the last five years,
whether already completed or being developed, as the case be, including the
current status
38 1

Iz
of the said projects, any delay in its completion, details of cases pending, details of
type of land and payments pending etc. )

(uii; eg."cy to take up external development works Local Authority /

Self Development;
(viii) Registration fee by way of a demand draft'/ Banker Cheque dated
drawn on
bearing no. for an amount of
Rs. calculat d ur per sub-rule (3) of rule 3; or though online
-l-
- ction no. etc.)
may like to furnish.
in triplicate, namelY:-
e Promoter;
and Loss Account, balance sheet of the
al years and where annual report is not
ount, balance sheet, cash flow statement
and the auditor's report of the promoter for the immediately three preceding
financial years;
(iii) authenticated copy of the legal title deed reflecting the title of the promoter to
the- land on which divelopment of project is proposed along with legally valid
documents for chain of title with authentication of such title;
(iv) the details of encumbrances on the land on which development of project is
ptopot.O including details of any rights, title, interest, due of
any party in or over such land or encumbrance certificate ng
.^p"ti.trre of at least ten years or from the revenue autho of
Tehsildar, as the case maY be;
(v) where the promoter is not the owner of the land on which development of project
i, propor.d detaits of the consent of the owner of the land along with a copy of the
coilaboration agreement, development agreement, joint development agreement or
any other agreement, as the case may be, entered into between the promoter and such
o*rr., and copies of title and other documents reflecting the title of such owner on
the land on which project is proposed to be developed;
(vi) an authenticated copy of the approvals and comrnencement certificate from the
competent authority obtained in accordance with the laws as may be applicable
for the real estate project mentioned in the application, and where the project is
proposed to be developed in phases, an authenticated copy of the approvals and
commencement certificate from the competent authority for each of such phases;
(vii) the sanctioned plan, layout plan and specifications of the proposed project or the
phase thereof, and the whole project as sanctioned by
tviii) the plan of development works to be executed
the
proposed iacilities to be provided thereof including ing
water facilities, emergency evacuation services, use of renewable energy;

!
I

39
l.z
D\
(ix) the location details of the project, with clear dernarcation of land dedicated for
the project along with its boundaries including the latitude and longitude of the end
points of the project;
ix) proforma of tne allotment letter, agreement for sale, and the conveyance
deed
proposed to be signed with the allottees;
'1xi)
the number, type and the carpet area of apartments for sale in the project along
*itit th. area of the exclusive balcony or verandah areas and the exclusive open
terrace areas apartment with the apartment, if any;
(xii) the number and areas of garage for sale in the project;
(xiii) the number of open parking areas available in the real estate project;
(xiv) the names and addresses of his real estate agents, if any, for the proposed
project;
("9 ttr" names and addresses of the contractors, architect, structural engineer, if any
andotherperSonSconcernedwiththedeve1opmentoftheproposedproject;
(*lrD a declaration in FORM 'B'.
i. liW" enclose the following additional documents and information regarding
ongoing projects, as required under ruIe 4, and under other provisions of the Act or
the rules and regulations made there under, namely;
(D
(ii)
(iiD

4. IiWe solemnly affirm and declare that the particulars given in herein are
correct to my /our knowledge and belief and nothing material has been concealed by
mel us therefrom.

Dated:
Place:

Yours faithfully,
Signature and seal of the applicant(s)

40
 FORM'B'
[See rule 3(4)l
DECLARATION, SUPPORTED BY AN AFFIDAVIT, WHICH SHALL BE
SIGHNED
BY THE PROMOTER OR ANY PERSON AUTHORIZED BY THE
PROMOTER

Affidavit cum Declaration

Affidavit cum Declaration of Mr'AvIs. promoter of the proposed Project /

duly authorized bY the Promoter of the proposed project, vide its/his/their
authonzation dated

I, promoter of the proposed project I duly authorized by the promoter of

the proposed project do hereby solemnly declare, undertake and state as under:

l. That I / promoter have lhas a legal title to the land on which the development of
the project is proPosed
OR
have/has alegaltitle to the land on which the development of
the proposed project is to be carried out
AND
title of such land along with an authenticated copy of
a legally valid authentication of
the agriement between such owner and promoter for development of the real estate
project is enclosed herewith.
2. Thatthe said land is free from all encumbrances.
OR
That details of encumbrances including details of any rights,
title, interest, dues, litigation and name of any party in or over such land, along with
details.
3. That the time period within which the project shall be completed by me/promoter
is
+. that seventy per cent of the amounts realised by melpromoter for the real estate
--.
project from the allottees, from time to time, shall be deposited in a separate account
io Ur maintained in a scheduled bank to cover the cost of construction and the land
cost and shall be used only for that purpose.
5. Thatthe amounts fromthe separate account, to coverthe cost of theproject, shall
be withdrawn by me/ the promoter in proportion to the percentage of completion of
the project.
A. fnaithe amounts from the separate account shall be withdrawn by me/ promoter
after it is certified by an engineer, an architect and a charlercd accountant in practice
that the withdrawal is in proportion to the percentage of completion of the project.

4L
7. That I i promoter shall get the accounts audited within six months after the end of
every financial year by a chaftered 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 fumished such other documents as have been
prescribed by the Act, rules and regulations made there under.
10. That I / promoter shall not discriminate against any allottee at the time of
allotment of any apartment, plot or building, as the case may be.

Deponent
Verification
The contents 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

42
 FORM'C'
[See rule 5(1)l
REGISTRATION CERTIFICATE OF PROJECT

This registration is granted under section 5 of the Act to the following project under
proj ect registration number

(Speciff Details of Project including the project address);

1. (in the case of an individual) Mr.AvIs' son of

Mr./Ms.
Tehsil District
State
OR
(in the case of a firm / society / company / competent authority)
firm / society / company / competent authority
having its registered office I principal place of business at

2. This registration is granted subject to the following conditions, namely:-

(i) The promoter shall enter into an agreement for sale with the allottees as prescribed
by the appropriate Government;
(ii) fne promoter shall execute and register a conveyance deed in favour of the
allottee oi the association of the allottees, as the case may be, of the apartment, plot
or building, as the case may be, or the common areas as per section 17;
(iii) The promoter shall deposit seventy percent of the amounts realised by the
promoter
-of
in a separate account to be maintained in a schedule bank to cover the cost
construction and the land cost to be used only for that purpose as per sub clause
(D) of clause (l) of sub-section (2) of section 4;
(iv) The registration shall be valid for a period of years commencing from
and ending with unless renewed by the
Real Estate Regulatory Authority in accordance with the Act and the rules made
there under.
(v) The promoter shall comply with the provisions of the Act and the rules and
regulations made there under;
1vf ftre promoter shall not contravene the provisions of any other law for the time
being in force as applicable to the project.
3. 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, as per the Act and the rules and regulations made there under.

Dated:
Place:
Signature and seal of the Authorized Officer
R.eal Estate Regulatory AuthoritY
43
 FORM'D'

[See rule 5(2), rule 6('l; rule 7l

INTIMATION OF
REJECTION OF APPLICATION FOR REGISTRATION OF PROJECT /
REJECTION OF APPLICATION FOR EXTENSION OF REGISTRATION
OF
PROJECT / REVOCATION OF REGISTRATION OF PROJECT

From:

The Real Estate AuthoritY,

To

App lication/Registration No. :

Dated:

you are hereby informed that your application for registration of your project is
rejected.
OR
you are hereby informed that your application for extension of the registration of
your project is rejected.
OR
you are hereby informed that the registration granted to your project is hereby
revoked for the reasons set out:-

Place:
Dated:

Signature and seal of the Authorized Officer

Real Estate AuthoritY

44
 FORM'E'
[See rule 6(1)l
APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT

From:

To
The Real Estate Regulatory Authority,

Sir,

I/We hereby apply for renewal of registration of the following project:

registered with the AuthoritY vide project registration certificate bearing

No. which exPires on

As required I/we submit the following documentg an$ information, namely:-

(i) A demand Draft No. dated for rupees
in favour of drawn on bank
ur f.e as provided under sub-rule (2) of rule 6 or through online payment
as "*t"^iott
the case may be (give details of online payment such as date paid,
transaction No. etc);
(ii) Authenticated Flan of the project showing the stage of development works
undertaken till date;
(iii) Explan atory not. ..gurding the state of development works in the project and
reason for not completing the development works in the project within
the period
declared in the deciaration submitted in Form 'B' at the time of making
application
for the registration of the project i

(iv) Aufinticated ropy bf ih" p.t-ission/approval om the competent authority

of the
which is valid fo, a p.iiod whictris longer than the proposed term of extension
registration sought from the Authority;
19 fn. original project registration certificate;
and
(vi) Any other information as may be specified by regulations.
Place:
Dated: Yours faithfultY,

Signature and seal of the applicant(s)

45
 ' FORM'F'
ISee rule 6(4)l
CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT

This extension of registration is granted under section 6 of the Act, to the following
project:

registered with the Authority vide project registration certificate bearing

No. of
1. (in the case of an individual) Mr.AvIs. son of
Mr.AvIs. Tehsil District
State
(in the case of a firm / society / company I competent authority)
firm / society / company / competent authority
having its registered officeiprincipal place of business at

2. This renewal of registration is granted subject to the following conditions,

namely:-
(i) The promoter shall execute and register a conveyance deed in favour of the
allottee or the association of the allottees, as the case may be, of the apartment, pot or
building or the common areas as per section 17;
(ii) The promoter shall deposit seventy percent of the amounts realised by the
promoter in a separate account to be maintained in a schedule bank to cover the cost
of construction and the land cost to be used only for that purpose as per sub-clause
(D) of clause (l) of sub-section (2) of section 4;
(iii) The registration shall be extended for a period of days/ weeks/months)
and shall be valid till
(iv) The promoter shall comply with the provisions of the Act and the rules and
regulations made there under;
(v) The promoter shall not contravene the provisions of any other law for the time
being in force as applicable to the project.
(vi) 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, as per the Act and the rules and regulations made there
under.

Dated:
Place:
Signature and seal of the Authorized Officer
Real Estate Regulatory Authority

46
4. If the above mentioned conditions are not fulfilled by the real estate agent, the
Authority may take necessary action against the real estate agent including revoking
the registration granted herein, as per the Act and the rules and regulations made
thereunder

Dated:
Place:
Signature and seal of the Authorized Officer
Real Estate Regulatory AuthoritY

5L
 ,

FORM'I'
[See rule 9 (3)' 10(4), lU
INTIMATION OF
REJECTION OF APPLICATION FOR REGISTRATION OF REAL ESTATE
AGENT / REJECTION OF APPLICATION FOR RENEWAL OF
REGISTRATION
OF REAL ESTATE AGENT / REVOCATION OF REGISTRATION OF
REAL
ESTATE AGENT

From:

The Real Estate Authoritv.

To

Application / Registration No.:

Dated:

You are hereby informed that your application for registration as real estate agent is
rejected.
OR
You are hereby informed that your application for the renewal of the registration as
real estate agent is rejected.
OR
You are hereby informed that the registration granted to you as real estate agent is
hereby revoked.
for the reasons set out:-

Place:
Dated:
Signature and seal ofthe Authorized Officer
Real Estate Regulatory AuthoritY

52
 FORM'J'
rule 10(1)][See
APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE
AGENT

From:

To
The Real Estate Authority,

Sir,

I/we beg to apply for renewal my/our registration as a rcal estate agent under
registration certificate bearing No._, which expires on_
As required I/we submit the following documents and information, namely:-
(i) A demand draft no. dated for
rupees in favour of drawn on
bank as renewal fee as per sub rule (2) of rule 10 or through online payment such as
date paid, transaction No. etc.
(ii) The original registration certificate; and
(iii) Status of the applicant, whether individual / company / proprietorship f..rm I
societies / partnership firm / limited liability partnership etc.
(iv) In case of individual -
(a) Name
(b) Father's Name
(c) Occupation
(d) Permanent address
(e) Contact details (Phone Number, e-mail, Fax Number etc.)
(f) Name, Photograph, contact details and address of the proprietor.
OR
In case of firm / societies / companies etc.-
(a) Name
(b) Address
(c) Copy of registration certificate
(d) Major activities
(e) Contact details (Phone Number, e-mail, Fax Number etc.)
(f) Name, photograph and address of partners / direetors ete.

L
 (v) Particulars of registration as proprietorship, societies, partnership, company etc.)
including bye-laws, memorandum of association, articles
of association etc. as the case may be;
(vi) authenticated copy of the address proof of the place of business;

(vii) authenticated copy of the PAN card of the real estate agent.
(viii) authenticated copy of the registration as a real estate agent in any other State or
Union Territory, if applicable.
(ix) Any other information as specified by regulations.

Dated:
Place:
Yours faithfully,

Signature and seal of the applicant(s)

54
 FORM'K'
[See rule 10(4)]
CERTIFICATE FOR RENEWAL OF REGISTRATION OF REAL ESTATE
AGENT

1. This renewal of registration is granted under section 9 of the Act to -

(in the case of an individual) Mr./Ms. son of
Mr.AvIs. Tehsil District
State
OR
(in the case of a firm / society / company) fvmlsociety/company
etc. having its registered office / principal place of business at

in continuation to registration certificate bearing No. ,of

2. This renewal of registration is granted subject to the following conditions,
namely:-
(i) The real estate agent shall not facilitate the sale or purchase of any plot, apartment
or building, as the case may be, in a rcaI estate project or part of it, being sold by the
promoter which is required but not registered with the Authority;
(ii) The real estate agent shall maintain and preserve such books of account, records
and documents as provided under rule 12;
(iii) The real estate agent shall not involve himself in any unfair trade practices as
specified under clause (c) of section l0;
(iv) The real estate agent shall facilitate the possession of all documents, as the
allottee is entitled to, at the time of booking of any pIot, apartment or building, as the
case may be.
(v) The real estate agent shall provide assistance to enable the allottee and promoter
to exercise their respective rights and fulfil their respective obligations at the time of
booking and sale of any plot, apartment or building, as the case may be.
(vi) The real estate agent shall comply with the provisions of the Act and the rules
and regulations made thereunder;
(vii) The real estate agent shall not contravene the provisions of any other law for the
time being in force as applicable to him;
(viii) The real estate agent shall discharge such other functions as may be specified
by the Authorify by regulations;
3. The registration is valid for a period of five years commencing from
and ending with unless renewed by the
Authority in accordance with the provisions of the Act or the rules and regulations
made thereunder.
4. If the above mentioned conditions are not fulfilled by the real estate agent, the
Authority may take necessary action against the real estate agent including revoking

55
 r'1

the registration granted herein, as per the Ast and the rules and regulations made'
thereunder. '
Dated:
s> Place:
Signature and seal ofthe Authorized Officer
Real Estate Regulatory Authority

56
 FORM'L'
rule 25(2)l
lSee
APPEAL TO APPELLATE TRIBUNAL
Appeal under section 44 of the Act

For use of Appellate Tribunal's offrce:

Date of filing:
Date of receipt at the frling counter of the Registery/ receipt by post/ online filing

Appeal No.:
Signature:
Registrar:

IN THE REAL ESTATE APPELLATE TRIBUNAL (Name of place)

Between
Appellant(s)
And
Respondent(s)
Details of appeal:
1. Particulars of the appellants:
(i) Name (s) of the appellant:
(ii) Address of the existing office / residence of the appellant:
(iii) Address for service of all notices:
(iv) Contact details (Phone Number, e-mail, Fax Number etc) :
2.Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:
(iv) Contact details (Phone Number, e-mail, Fax Number etc) :
3. Jurisdiction of the Appellate Tribunal:
The appellant declares that the subject matter of the appeal falls within the
jurisdiction of the Appellate Tribunal.
4. Limitation:
The appellant declares that the appeal is within the limitation specified in sub-section
(2) of section 44
OR
If the appeal is filed after the expiry of the limitation period specified under sub-
section (2) of section 44 specifr reasons for delay
5. Facts of the case:
(give a concise statement of facts and grounds of appeal against the specific order of
Authority or the adjudicating officer, as the case may be passed under section(s)
57
 of the Act. Or rule (s) or regulation (s)

6. Relief(s) sought:
In view of the facts mentioned in parugraph 5 above, the appellant prays for the
following relief(s)
[Speciff below the relief(s) sought explaining the grounds of relief(s) and the legal
provisions (if any) relied uponl
7. Interim order, if prayed for:
Pending final decision on the appeal the appellant seeks issue of the following
interim order:
[Give here the nature of the interim order prayed for with reasons]
8. Matter not pending with any other court, etc.:

The appellant fuither declares that the matter regarding which this appeal has been
made is not pending before any court of law or any other authority or any other
tribunal(s).
9. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of ru\e25:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number/ Banker Cheque No./ online payment details of
transaction No. etc)
10. List of enclosures:
(i) An attested true copy of the order against which the appeal is filed,
(ii) Copies of the documents relied upon by the appellant and referred to in the appeal
(iii) An index of the documents
(iv) Other documents as annexed along with the Memo of Appeal.
Verification
I- (name in full block letters)
son / daughter of _ the appellant do
hereby verifr that the contents of paragraphs I to 10] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).
Place:
Date:

Signature of the appellant(s)

INSTRUCTIONS :
(l) Every appeal shall be filed in English and in case it is in some other Indian
language, it shall be accompanied by a copy translated in English and shall
be fairly and legibly type-written, lithographed or printed in double spacing
on one side of standard petition paper with an inner margin of about four
centimeters width on top and with ariglttmargin on2.5 cm, and left margin
of 5 cm, duly paginated, indexed and stitched together in paper book form.

58
 s
Q) Every appeal shall be presented along with an empty file size envelope
bearing full address of the respondent and where the number of respondents
are more than one, then sufficient number of extra empty file size envelops
ii_ bearing full address of each respondent shall be fumished by the party
- preferring the appeal.

59
 @
FORM'M'
[See rule 34(1)]
COMPLAINT TO REGULATORY AUTHORITY
Complaint under section 31 of the Act

For use of Regulatory Authority(s) office:

Date of filing:
Date of receipt at the filing counter of the Registry/ receipt by post/ online filing ::

Complaint No.:
Signature:
Registrar:
IN THE REGULATORY AUTHORITIES OFFICE
(Name of place)
Between
Complainant(s)
And
Respondent(s)
Details of claim:
1. Particulars of the complainant(s):
(i) Name of the complainant:
(ii) Address of the existing office / residence of the complainant:
(iii) Address for service of all notices:
(iv) Contact details (Phone number, e-mail, Fax Number etc)
2.Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:
(iv) Contact details (Phone number, e-mail, Fax Number etc)

3. Jurisdiction of the Authority:

The complainant declares that the subject matter of the claim falls within the
jurisdiction of the Authority.
4. Facts ofthe case:
fgive a concise statement of facts and grounds for complaint]
5. Relief(s) sought:
In view of the facts mentioned in paragraph 4 above, the complainant prays for the
following relief(s)
fSpecifr below the relief(s) claimed explaining the grounds of relief(s) and the legal
provisions (if any) relied uponl
6. Interim order, if prayed for:
Pending final decision on the complaint the complainant seeks issue of the following
interim order:

l--
 [Give here the nature of the interim order prayed for with reasons]
7. Complainant not pending with any other court, etc.:
The complainant funher declares that the matter regarding which this complaint has
been made is not pending before any court of law or any other authority or any other

--
tribunal(s).
8. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 34:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number/ banker cheque/ online payment transaction etc.
9. List of enclosures:
(i) Copies of the documents relied upon by the complainant and referred to in the
complaint
(iii) An index of the documents.
(iv) Other documents as annexed along with the complaint

Signature of the complainant(s)

Verification
I (name infull block letters) son / daughter of _ the complainant
do hereby veriff that the contents of paragraphs [1 to 9] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place:
Date:
Signature of the complainant(s)

INSTRUCTIONS:
(1) Every complaint shall be filed in English and in case it is in some other
Indian language, it shall be accompanied by a copy translated in English
and shall be fairly and legibly type-wriffen, lithographed or printed in
double spacing on one side of standard petition paper with an irurer margin
of about four centimeters width on top and with a right margin on 2.5 cm,
and left margin of 5 cm, duly paginated, indexed and stitched together in
paper book form.
(2) Every complaint shall be presented along with an empty file size envelope
bearing full address of the respondent and where the number of respondents
are more than one, then sufficient number of extra empty file size envelops
bearing full address of each respondent shall be furnished by the party
preferring the complaint.

51
 FORM'N'
[See rule 35(1)]
APPLICATION TO ADJUDICATING OFFICER

For use of Adjudicating Officers office:

Date of filing:
Date of receipt at the filing counter of the Registry/ receipt by post/ online filing::
Complaint No.:
Signature:
Authorized Officer:
IN THE ADJUDICATING OFFICERS OFFICE
(Name of place)
Between
applicant(s)
And
Respondent(s)
Details of claim:
1. Particulars of the applicant(s):
(i) Name of the applicant:
(ii) Address of the existing office / residence of the complainant :

(iii) Address for service of all notices:

(iv) Contact details (Phone number, e-mail, Fax Nurnber etc)
(v) Details of allottees apartment, plot or building
2.Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Offrce address of the respondent:
(iii) Address for service of all notices:
(iv) Contact details (Phone number, e-mail, Fax Number etc)
(v) Registration no. and address ofproject

3. Jurisdiction of the Adjudicating Officer:

The complainant declares that the subject malter of the claim falls within the
jurisdiction of the adjudicating officer.
4. Facts ofthe case:
[give a concise statement of facts and grounds of claim against the promoter]
5. Compensation(s) sought:
In view of the facts mentioned in paragraph 4 above, the complainant prays for the
fo llowing compensation(s)
[Specif, below the compensation(s) claimed explaining the grounds of claim(s) and
the legal provisions (if any) relied uponl
6. Claim not pending with any other court, etc.:
The complainant further declares that the matter regarding which this appeal has
been made is not pending before any court of law or any oth.r authority or any other
tribunal(s).
7 . Patticulars of bank draft in respect of the fee in terms of sub-rule (
I ) of rule 3 5 :
(iv) Amount
(v) Name of the bank on which drawn
(vi) Demand draft number/ banker cheque/ online payrnent transaction etc.
8. List of enclosures:
(i) Copies of the documents relied upon by the complainant and referred to in the
complaint.
(iii) An index of the documents.
(iv) Other documents as annexed along with the complaint.

Signature of the complainant (s)

Verification
I (name in full block letters) son / daughter of the applicant do
hereby veriff that contents of paragraphs [r to g] are tru" to my personal
Jhe
knowledge and belief and thatrhave not suppressed any material iul(rl.
Place:
Date:
Signature of the complainant (s)
INSTRUCTIONS:
(1) Every complaint shall be filed in English and in case it is in some other
Indian language, it shall be accompanied by a copy translated in English
and shall be fairly and legibly type-written, lithographed or printed in
double spacing on one side of standard petition papei *ith un inner margin
of about four centimeters width on top and with iright margin on2.5 im,
and left margin of 5 cm, duly paginated, indexed and stitchid together in
paper book form.
(2) Every complainl shall be presented along with an empty file size envelope
bearing full address of the respondent and where the number of respondents
are more than one, then sufficient number of extra empty file size envelops
bearing full address of each respondent shall be furnistred by the party
preferring the complaint.

63