Telangana Real Estate Regulation Rules 2016
Telangana Real Estate Regulation Rules 2016
GOVERNMENT OF TELANGANA
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
NOTIFICATION
Hyderabad, the _________, 2016
In exercise of the powers conferred by section 84 read with sub-clause (iv) of clause (g) of section 2 of the
Real Estate (Regulation and Development) Act, 2016 (16 of 2016), the State Government Governor is
pleased to make the following, namely;
The Telangana State Real Estate (Regulation and Development) Rules, 2016
CHAPTER I
PRELIMINARY
2. Definitions
(1) In these rules, unless the context otherwise requires, -
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016;
(b) “Annexure” means an annexure appended to these rules;
(c) “authenticated copy” shall mean a self-attested copy of any document required to
be provided by any person under these rules;
(d) “Form” means a form appended to these rules;
(e) “government” means the Government of Telangana State;
(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;
(h) “section” means a section of the Act;
(i) “selection committee “means the Selection Committee as referred to in section 22
of the Act; and
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(iv) the premises for the lodging of persons employed for the management
of the property including accommodation for watch and ward staffs or
for the lodging of community service personnel;
(v) installations of central services such as electricity, gas, water and
sanitation, air-conditioning and incinerating, system for water
conservation and renewable energy;
(vi) the water tanks, sumps, motors, fans, compressors, ducts and all
apparatus connected with installations for common use;
(vii) all community and commercial facilities as provided in the real estate
project;
Explanation: community and commercial facilities shall include only
those facilities which have been provided as common areas in the real
estate project.
(viii) all other portion of the project necessary or convenient for its
maintenance, safety, etc., and in common use;
(k) “ongoing project “means a project where development is going on and for
which completion certificate has not been issued but excludes such projects
which fulfil any of the following criteria on the date of notification of these
rules:
(i) where services have been handed over to the local authority for
maintenance;
(ii) where common areas and facilities have been handed over to the
Association or the Residents’ Welfare Association for maintenance;
(iii) where all development works have been completed and a sale/lease
deeds of 60% of the apartments/houses/plots have been executed;
(iv) where all development works have been completed and application has
been filed with the competent authority for the issue of completion
certificate.
(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
(b) audited balance sheet of the promoter for the preceding financial year and income
tax returns of the promoter for three preceding financial years;
(c) the number of open parking areas available in the said real estate project;
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(d) copy of the legal title deed reflecting the title of the promoter to the land on which
development is proposed to be developed along with legally valid documents with
authentication of such title, if such land is owned by another person;
(e) the details of encumbrances on the land on which development is proposed including
any rights, title, interest or name of any party in or over such land along with details;
(f) where the promoter is not the owner of the land on which development is proposed
details of the consent of the owner of the land along with a copy of the collaboration
agreement, development agreement, joint development agreement or any other
agreement, as the case may be, entered into between the promoter and such owner
and copies of title and other documents reflecting the title of such owner on the land
proposed to be developed;
(3) The promoter shall pay a registration fee at the time of application for
registration by way of a demand draft drawn on any scheduled bank, for a sum calculated
at the rate of:-
(a) rupees ten per square meter for residential projects or any other projects where the
area of land proposed to be developed does not exceed one thousand square meters;
or rupees twenty per square meter for residential projects where the area of land
proposed to be developed exceeds one thousand square meters and Rs. 500 for every
hundred-square meter or part thereof where the area of land proposed to be
developed exceeds 1000 m²; or
(b) rupees fifty twenty per square meter for commercial projects or any other projects,
where the area of land proposed to be developed does not exceed one thousand
square meters; or and rupees one hundred thousand per for every hundred square
meter or part thereof for commercial or any other projects, where the area of land
proposed to be developed exceeds one thousand square meters;
(4) The declaration to be submitted under clause (l) of sub-section (2) of section 4
of the Act, shall be as per Form ‘B’, ??(which shall include a declaration stating that
the promoter shall not discriminate against any allottee at the time of allotment of
any apartment, plot or building, as the case may be)??.
(5) In case the promoter applies for withdrawal of application for registration of the
project before the expiry of the period of 30 days provided under sub-section (1) of
section 5, registration fee to the extent of ten percent paid under sub-rules (3) above, or
rupees fifty thousand whichever is more, shall be retained as processing fee by the
regulatory authority and the remaining amount shall be refunded to the promoter within
thirty days from the date of such withdrawal.
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(7) 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.
(8) In case of plotted development, the promoter shall disclose the area of the plot
being sold to the allottees.
4. Grant or rejection of registration of the project.- (1) Upon the registration of a project
as per section 5 read with Rule 3, the Regulatory Authority shall issue a registration
certificate with a registration number as per Form ‘C’ to the promoter.
(2) In case of rejection of the application as per section 5 the regulatory authority
shall inform the applicant as per Form ‘D’.
5. Extension of registration of the project.- (1) The registration granted under section 5,
may be extended as per section 6, on an application made by the promoter in Form ‘E’
which shall not be less than three months prior to the expiry of the registration granted.
Provided that where extension of registration is due to force majeure the regulatory
authority may at its discretion waive the fee for extension of registration.
(3) Extension of registration of the project shall not be beyond the period provided
as per local laws for completion of the project or phase thereof, as the case may be.
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(4) In case of extension of registration, the regulaotry authoirty shall inform the
promoter about the same as per Form ‘F’ and in case of rejection of the application for
extension of registration the regulatory authority shall, after giving an opportunity to the
applicant to be heard in the matter as per second proviso of section 6, inform the promoter
about the same as per Form ‘D’:
7. Agreement for sale.- (1) For the purpose of sub-section (2) of section 13, the agreement
for sale shall be in the form as per Annexure ‘A’.
(2) Any application letter, allotment letter or any other document signed by the
allottee, in respect of the apartment, plot or building, prior to the execution and
registration of the agreement for sale for such apartment, plot or building, as the case
may be, shall not be construed to limit the rights and interests of the allottee under the
agreement for sale or under the Act or 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 of the Act shall make an application
in writing to the Regulatory Authority as per Form ‘G’ along with the following
documents, namely: -
(a) brief details of his enterprise including its name, registered address, type of enterprise
(proprietorship, societies, partnership, companies etc.);
(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;
(e) income tax returns filed under the provisions of the Income Tax Act, 1961 for three
financial years preceding the application or in case the applicant was exempted from
filing returns under the provisions of the Income Tax Act, 1961 for any of the three
year preceding the application, a declaration to such effect;
(f) authenticated copy of the address proof of the place of business; and
(2) The real estate agent shall pay a registration fee at the time of application for
registration by way of a demand draft drawn on any scheduled bank, for a sum of
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rupees twenty-five thousand in case of the applicant being and individual; or rupees
two lakhs fifty thousand in 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 Regulatory Authority shall issue a
registration certificate with a registration number as per Form ‘H’ to the real estate agent.
(2) In case of rejection of the application as per section 9 the Regulatory Authority shall
inform the applicant as per Form ‘I’.
(3) The registration granted under this rule shall be valid for a period five ten years.
12. Renewal of registration of real estate agent.- (1) The registration granted under section
9, may be renewed as per section 6, on an application made by the real estate agent in
Form ‘J’ which shall not be less than three months prior to the expiry of the registration
granted.
(2) The application for renewal of registration shall be accompanied with a demand draft
drawn on any scheduled bank, for a sum of rupees five thousand in case of the real
estate agent being an individual or rupees fifty thousand in case of the real estate agent
being anyone other than an individual.
(3) The real estate agent shall also submit all the updated documents set out in clauses (a)
to (f) of rule 10 at the time of application for renewal.
(4) In case of renewal of registration, the regulatory authority shall inform the real estate
agent about the same as per Form ‘K’ and in case of rejection of the application for
renewal of registration the regulatory authority, shall inform the real estate agent as
per Form ‘I’:
Provided that no application for renewal of registration shall be rejected unless the
applicant has been given an opportunity of being heard in the matter.
(5) The renewal of registration of the real estate agent shall be granted provided that the
real estate agent remains in compliance with the provisions of the Act and the rules
and regulations made thereunder.
(6) The renewal granted under this rule shall be valid for a period five years.
13. Revocation of Registration of real estate agent.- The Regulatory Authority may, due
to reasons specified under sub-section (7) of section 9, revoke the registration granted to
the real estate agent or renewal thereof, as the case may be, and intimate the real estate
agent of such revocation as per Form ‘I’.
Other functions of a real estate agent:- the real estate agent shall provide assistance
to enable the allottee and the 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.
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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 on the website.- (1) For the purpose of clause (b) of section 34,
the regulatory authority shall ensure that the following information shall be made
available on its website in respect of each project registered:
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(iii) Litigations: Details of past or ongoing litigations in relation to the real estate
project.
(iv) Website:
(A) web link to the developer or group website;
(B) (B) web link to the project website.
(iv) Registered Agents: Names and addresses of real estate agents as provided under
clause (j) of sub-section (2) of section 4.
(v) 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 of the firm
(B) Names of promoters
(C) Year of establishment
(D) Names and profile of key projects completed
(vi) Location: the location details of the project, with clear demarcation of land
dedicated for the project along with its boundaries including the latitude and
longitude of the end points of the project as provided under clause (f) of
subsection (2) of section 4.
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(B) Amenities: a detailed note explaining the salient features of the proposed
project including access to the project, design for electric supply including
street lighting, water supply arrangements and site for disposal and
treatment of storm and sullage water, any other facilities and amenities or
public health services proposed to be provided in the project;
(C) Gantt Charts and Project schedule: the plan of development works to be
executed in the project and the details of the proposed facilities to be
provided thereof.
(ii) audited balance sheet of the promoter for the preceding financial year and
income tax returns of the promoter for three preceding financial years and
in case of a newly incorporated or registered entity annual returns of the last
3 financial years of the parent entity.
The annual report including audited profit and loss account, balance sheet,
cash flow statement, directors’ report and the auditor’s report of the
promoter for the immediately preceding three financial years and where
annual report is not available then the audited profit and loss account,
balance sheet, cash flow statement and the auditor’s report of the promoter
for the immediately preceding three financial years and in case of newly
incorporated a 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 seven days from the expiry of each quarter:
(i) List of number and types of apartments or plots, as the case may be booked;
(e) Downloads:
(i) Approvals:
(A) No Objection certificates
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(f) Contact details: Contact address, contact numbers and email-ids 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 regulatory authority shall
maintain a database and ensure that the information specified therein shall be made
available on its website in respect of each project revoked or penalised, as the case may
be.
(3) For the purpose of clause (d) of section 34, the regulatory authority shall ensure
that the following information shall be made available on its website in respect of each
real estate agent registered with it or whose application for registration has been rejected
or revoked:
(i) registration number and the period of validity of the registration of the real estate
agent with the regulatory authority;
(ii) brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies etc.);
(iv) photograph of the real estate agent if it is and individual and the photograph of
the partners, directors etc. in case of other persons;
(vii) authenticated copy of the address proof of the place of business and the contact
address, contact numbers and email-ids of the real estate agent and other
officials responsible.
(b) In case of applicants whose application for registration as a real estate agent have
been rejected or real estate agents whose registration has been revoked by the
regulatory authority:
(i) registration number and the period of validity of the registration of the real estate
agent with the regulatory authority;
(ii) brief details of his enterprise including its name, registered address, type of
enterprise (proprietorship, societies, partnership, companies etc.);
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(iii) photograph of the real estate agent if it is and individual and the photograph of
the partners, directors etc. in case of other persons.
(c) Such other documents or information as may be specified by the Act or the rules and
regulations made thereunder.
(4) The Authority shall maintain a back-up, in digital form, of the contents of its website
in terms of this rule, and ensure that such back-up is updated on the last day of each
month.
CHAPTER V
RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND
TIMELINES FOR REFUND
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 Prime Lending Rate plus two percent.
18. Timelines for refund.- Any refund of monies along with the applicable interest and
compensation, if any, payable by the promoter in terms of the Act or the rules and
regulations made thereunder, shall be payable by the promoter to the allottee within forty-
five days from the date on which such refund along with applicable interest and
compensation, if any, becomes due.
CHAPTER VI
REAL ESTATE REGULATORY AUTHORITY
(1) The Regulatory Authority shall consist of a chairperson and three whole time
members to be appointed by the government. As and when vacancies of Chairperson or
a Member in the regulatory authority exist or arise, or are likely to arise, the Government
may make a reference to the Selection Committee in respect of the vacancies to be filled.
(2) The Selection Committee may, for the purpose of selection of the Chairperson or a
Member of the regulatory authority, follow such procedure as deemed fit 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 of the regulatory authority.
(3) The Selection Committee shall select two persons for each vacancy and recommend
the same to the appropriate Government.
(4) The Selection Committee shall make its recommendation to the appropriate
Government within a period of sixty days from the date of reference made under
subrule (1).
(5) The appropriate government shall within thirty days from the date of the
recommendation by the Selection Committee, appoint one of the two persons
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20. Salary and allowances payable and other terms and conditions of service of
Chairperson and Members of the regulatory authority.- (1) The salaries and
allowances payable to the Chairperson and Members of the regulatory authority shall be
as follows:
(a) The Chairperson shall be paid a consolidated monthly salary of two lakh fifty
thousand rupees and they shall not be entitled to any allowance relating to house
and vehicle;
(b) The whole-time Member shall be paid a consolidated monthly salary of two lakh
rupees and they shall not be entitled to any allowance relating to house and vehicle;
(c) Every part-time member, who is not a servant of the Government, shall be paid a
sitting fee for each day he attends the meetings of the regulatory authority as may
be determined by the appropriate government, from time to time and they shall not
be entitled to any allowance relating to house and vehicle.
(2) The Chairperson and every other Member shall be entitled to thirty days of earned
leave for every year of service.
(3) The other allowances and conditions of service of the Chairperson and the wholetime
Member shall be as per notification issued by the appropriate government from time
to time.
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22. Salary and allowances payable and other terms and conditions of service of the
officers and other employees of the regulatory authority and experts and consultants
engaged by the regulatory authority.- (1) The conditions of service of the officers and
employees of the Authority and any other category of employees in the matter of pay,
allowances, leave, joining time, joining time pay, age of superannuation and other
conditions of service, shall be regulated in accordance with such rules and regulations as
are, from time to time, applicable to officers and employees of the appropriate
Government and drawing the corresponding scales of pay;
(3) The appropriate government shall have power to relax the provisions of any of these
rules in respect of any class or category of officers or employees or consultants and
experts, as the case may be.
23. Functioning of the Authority.- (1) The office of the regulatory authority 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 regulatory authority shall be the same as
that of the appropriate Government.
(3) The official common seal and emblem of the regulatory authority shall be such as the
appropriate Government may specify.
24. Additional powers of the Authority.- (1) In addition to the powers specified in
subsection (2) of section 35 the regulatory authority shall have the following additional
powers:
(a) require the promoter, allottee or real estate agent to furnish in writing such
information or explanation or produce such documents within such reasonable
time, as it may deem necessary;
(b) requisitioning, subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), any public record or document or copy of such
record or document from any office.
(2) The regulatory authority may call upon such experts or consultants from the fields of
economics, commerce, accountancy, real estate, competition, construction,
architecture or engineering or from any other discipline as it deems necessary, to
assist the regulatory authority in the conduct of any inquiry or proceedings before it.
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(3) On receipt of the application in prescribed form and complete in all respects under
section 4 read with rule 3 for registration of a project, the Authority may review the
documents submitted along with the application under rule 3 and enquire, inter-alia,
into the following matters and such other matters, as it may consider necessary, prior
to grant of registration within the time prescribed under sub-section (1) of section 5,
namely:-
(a) the nature of rights and interest of the promoter to the land which is proposed to be
developed;
(b) extent and location of area of land proposed to be developed;
(c) layout plan of the project;
(d) financial, technical and managerial capacity of the promoter to develop the
project;
(e) plan regarding the development works to be executed in the project; and (f)
conformity of development of the project with neighboring areas.
(4) The Authority may in the interest of the allottees, enquire into the payment of amounts
imposed as penalty, interest or compensation, paid or payable by the promoter, in
order to ensure that the promoter has not:
(a) withdrawn the said amounts from the account maintained as provided under
subclause (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;
(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.
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 carried out in the manner provided in local laws.
CHAPTER VII
CENTRAL ADVISORY COUNCIL
27. Manner of giving effect to the recommendation of the Central Advisory Council.- (1)
Pursuant to its establishment as per sub-section (1) of section 41 of the Act the Central
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(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 on the draft recommendation as per sub-rule (2), the
Central Advisory Council shall finalize its recommendation after incorporating such
comments as it may 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.
(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
28. Form for filing Appeal and the fees payable.- (1) Every appeal filed under subsection
(1) of section 44 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 the Appellate Tribunal and
payable at the main branch of that Bank at the station where the seat of the said Appellate
Tribunal is situated.
(2) Every appeal shall be filed as per Form ‘L’ along with the following documents:
(a) An attested true copy of the order against which the appeal is filed;
(b) Copies of the documents relied upon by the appellant and referred to in the appeal;
(c) An index of the documents.
(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.
29. Manner of selection of members of the Appellate Tribunal.- (1) As and when
vacancies of a Member in the Appellate Tribunal exist or arise, or are likely to arise, the
appropriate Government may make a reference to the Selection Committee in respect of
the vacancies to be filled.
(2) The Selection Committee may, for the purpose of selection of the Member of the
Appellate Tribunal, follow such procedure as deemed fit including the appointment
of a search committee consisting of such persons as the Selection Committee
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(3) The Selection Committee shall select two persons for each vacancy and recommend
the same to the appropriate Government.
(4) The Selection Committee shall make its recommendation to the appropriate
Government within a period of sixty days from the date of reference made under
subrule (1).
(5) The appropriate government shall within thirty days from the date of the
recommendation by the Selection Committee, appoint one of the two persons
recommended by the Selection Committee for the vacancy of the Member.
30. Salary and allowances payable and other terms and conditions of service of
Chairperson and Members of the Appellate Tribunal.- (1) The salaries and
allowances payable to the Chairperson and Members of the Appellate Tribunal shall be
as follows:
(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn salary
by such person, as a Judge of a High Court;
(b) The whole-time Member shall be paid a monthly salary equivalent to the last drawn
salary at the post held by such person, prior to his appointment as a Member of the
Appellate Tribunal;
(c) Every full-time Member, who is not a servant of the Government, shall be paid a
monthly salary equivalent to the Additional Secretary to the Government of India;
(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 appropriate government, from time to time.
(2) The Chairperson and every other Member shall be entitled to thirty days of earned
leave for every year of service.
(3) The other allowances and conditions of service of the Chairperson and the wholetime
Member shall be as per notification issued by the appropriate government from time
to time.
31. Procedure for inquiry of the charges against the Chairperson or Member of the
Authority or the Appellate Tribunal.- (1) In the event of the appropriate Government
becoming aware of occurrence of any of the circumstances specified in clause (d) or
clause (e) of sub-section (1) of section 26 in case of a Chairperson or Member of the
regulatory authority or as specified under sub-section (1) of section 49 in case of a
Chairperson or Member of the Appellate Tribunal, by receipt of a complaint in this regard
or suo motu, as the case may be, the appropriate Government shall make a preliminary
scrutiny with respect to such charges against the Chairperson or any Member of the
regulatory authority or Appellate Tribunal, as the case may be.
(3) The appropriate government shall forward to the Judge, copies of-
(a) the statement of charges against the Chairperson or Member of the regulatory
authority or Appellate Tribunal, as the case may be; and (b) material documents relevant
to the inquiry.
(4) The Chairperson or Member of the Authority or Appellate Tribunal, as the case may
be, shall be given a reasonable opportunity of being heard with respect to the charges
within the time period as may be specified in this behalf by the Judge.
(5) Where it is alleged that the Chairperson or Member Appellate Tribunal is unable to
discharge the duties of his office efficiently due to any physical or mental incapacity
and the allegation is denied, the Judge may arrange for the medical examination of
the Chairperson or Member of the Appellate Tribunal.
(6) After the conclusion of the investigation, the Judge shall submit his report to the
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) Thereafter, the appropriate government shall in consultation with the Chief Justice of
the High Court decide to either remove or not to remove the Chairperson or Member
of the regulatory authority or Appellate Tribunal, as the case may be.
32. Salary and allowances payable and other terms and conditions of service of the
officers and other employees of the Appellate Tribunal.- (1) The conditions of service
of the officers and employees of the Authority and any other category of employees in
the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation
and other conditions of service, shall be regulated in accordance with such rules and
regulations as are, from time to time, applicable to officers and employees of the
appropriate Government and drawing the corresponding scales of pay;
(2) The appropriate government shall have power to relax the provisions of any of these
rules in respect of any class or category of officers or employees or consultants and
experts, as the case may be.
33. Additional powers of the Appellate Tribunal.- The Appellate Tribunal may call upon
such experts or consultants from the fields of economics, commerce, accountancy, real
estate, competition, construction, architecture or engineering or from any other discipline
as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or
proceedings before it.
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CHAPTER IX
OFFENCES AND PENALTIES
35. Terms and conditions and the fine payable for compounding of offence.- (1) The
court shall, for the purposes of compounding any offence specified under section 70,
accept a sum of money as specified in the Table below:
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(2) On payment of the sum of money in accordance with the table above, any person
in custody in connection with that offence shall be set at liberty and no proceedings shall
be instituted or continued against such person in any court.
(3) The acceptance of the sum of money for compounding an offence in accordance
with the table above, by the Court shall be deemed to amount to an acquittal within the
meaning of section 300 of the Code of Criminal Procedure, 1973.
(4) The promoter, allottee or real estate agent, as the case may be, shall comply with
the orders of the regulatory authority or the Appellate Tribunal, within the period
specified by the court, which shall not be more than 30 days from the date of
compounding of the offence.
36. Manner of filing a complaint with the regulatory authority and the manner of
holding an inquiry by the regulatory authority.- (1) Any aggrieved person may file a
complaint with the regulatory authority for any violation under the Act or the rules and
regulations made thereunder, save as those provided to be adjudicated by the adjudicating
officer, as per Form ‘M’ which shall be accompanied by a fee of rupees one thousand in
the form of a demand draft drawn on a nationalized bank in favour of regulatory authority
and payable at the main branch of that bank at the station where the seat of the said
regulatory authority is situated.
(2) The regulatory authority shall for the purposes of deciding any complaint as specified
under sub-rule (1), follow summary procedure for inquiry in the following manner:
(a) Upon receipt of the complaint the regulatory authority shall issue a notice along
with particulars of the alleged contravention and the relevant documents to the
respondent;
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(b) The notice shall specify a date and time for further hearing;
(c) On the date so fixed, the regulatory authority shall explain to the respondent about
the contravention alleged to have been committed in relation to any of the provisions
of the Act or the rules and regulations made thereunder and if the respondent:
(i) pleads guilty, the regulatory authority shall record the plea, and pass such orders
including imposition of penalty as it thinks fit in accordance with the provisions
of the Act or the rules and regulations, made thereunder;
(ii) does not plead guilty and contests the complaint the regulatory authority shall
demand and explanation from the respondent;
(d) Incase the regulatory authority is satisfied on the basis of the submissions made that
the complaint does not require any further inquiry it may dismiss the complaint;
(e) In case the regulatory authority is satisfied on the basis of the submissions made
that the there is need for further hearing into the complaint it may order production
of documents or other evidence on a date and time fixed by it;
(f) The regulatory authority shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;
(g) On the date so fixed, the regulatory authority upon consideration of the evidence
produced before it and other records and submissions is satisfied that -
(i) the respondent is in contravention of the provisions of the Act or the rules and
regulations made thereunder it shall pass such orders including imposition of
penalty as it thinks fit in accordance with the provisions of the Act or the rules
and regulations made thereunder;
(ii) the respondent is not in contravention of the provisions of the Act or the rules
and regulations made thereunder the regulatory authority may, by order in
writing, dismiss the complaint, with reasons to be recorded in writing.
(h) If any person fails, neglects or refuses to appear, or present himself as required
before the regulatory authority, the regulatory authority shall have the power to
proceed with the inquiry in the absence of such person or persons after recording
the reasons for doing so.
37. Manner of filing a complaint with the adjudicating officer and the manner of
holding an inquiry by the adjudicating officer.- (1) Any aggrieved person may file a
complaint with the adjudicating officer for compensation under section 12, 14, 18 and 19
as per Form ‘N’ which shall be accompanied by a fee of rupees one thousand in the form
of a demand draft drawn on a nationalized bank in favour of regulatory authority and
payable at the main branch of that bank at the station where the seat of the said regulatory
authority is situated.
(2) The adjudicating officer shall for the purposes of adjudging compensation follow
summary procedure for inquiry in the following manner:
(i) Upon receipt of the complaint the adjudicating officer shall issue a notice along with
particulars of the alleged contravention and the relevant documents to the promoter;
(j) The notice shall specify a date and time for further hearing;
(k) On the date, so fixed, the adjudicating officer shall explain to the promoter about
the contravention alleged to have been committed in relation to any of the provisions
of the Act or the rules and regulations made thereunder and if the promoter:
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(iii) pleads guilty, the adjudicating officer shall record the plea, and award such
compensation as he thinks fit in accordance with the provisions of the Act or the
rules and regulations, made thereunder;
(iv) does not plead guilty and contests the complaint the adjudicating officer shall
demand and explanation from the promoter;
(l) In case the adjudicating officer is satisfied on the basis of the submissions made that
the complaint does not require any further inquiry it may dismiss the complaint;
(m) 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;
(n) The adjudicating officer shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;
(o) On the date, so fixed, the adjudicating officer upon consideration of the evidence
produced before him and other records and submissions is satisfied that the
promoter is-
(iii) liable to pay compensation, the adjudicating officer may, by order in writing,
order payment of such compensation, as deemed fit by the promoter to the
complainant; or
(iv) not liable to any compensation, the adjudicating officer may, by order in writing,
dismiss the complaint, with reasons to be recorded in writing.
(p) If any person fails, neglects or refuses to appear, or present himself as required
before the adjudicating officer, the adjudicating officer shall have the power to
proceed with the inquiry in the absence of such person or persons after recording
the reasons for doing so.
CHAPTER X
BUDGET AND REPORT
38. Budget, accounts and audit.- The regulatory authority shall prepare a budget, maintain
proper accounts and other relevant records and prepare an annual statement of accounts
as provided in section 77 as per Form ‘O’.
39. Report and Returns.- The regulatory authority shall prepare its annual report as
provided in section 78 as per Form ‘P’.
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ANNEXURE ‘A’
[See rule 9]
(To be inserted)
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FORM ‘A’
[See rule 3(2)]
To
The Real Estate Regulatory Authority
____________________
____________________
Sir,
I/We hereby apply for the grant of registration of my/our project to be set up at _________
Tehsil __________ District _________ State __________.
(i) Status of the applicant, whether individual / company / proprietorship firm / societies /
partnership firm / competent authority;
OR
(iv) Name and address of the bank or banker with which account in terms of section 4
(2)(l)(D) of the Act will be maintained __________;
(vi) brief details of the projects launched by the promoter in the last five years, whether
already completed or being developed, as the case may be, including the current status
of the said projects, any delay in its completion, details of cases pending, details of type
of land and payments pending etc. __________________________________;
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(vii) Agency to take up external development works ___________ Local Authority / Self
Development;
(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;
(xv) the names and addresses of the contractors, architect, structural engineer, if any
and other persons concerned with the development of the proposed project;
(xvi) a declaration in FORM ‘B’.
3. I/We solemnly affirm and declare that the particulars given in herein are correct to my
/our knowledge and belief.
Dated:
Place:
Yours faithfully,
Signature and seal of the applicant(s)
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FORM ‘B’
[See rule 3(4)]
Affidavit cum Declaration of Mr./Ms. _________ promoter of the proposed project / duly
authorized by the promoter of the proposed project, vide its/his/their authorization dated
______;
I, _________ promoter of the proposed project / duly authorized by the promoter of the
proposed project do hereby solemnly declare, undertake and state as under:
1. That I / promoter have / has a legal title to the land on which the development of the project
is proposed
OR
__________________ have/has a legal title to the land on which the development of the
proposed project is to be carried out
AND
a legally valid authentication of title of such land along with an authenticated copy of the
agreement between such owner and promoter for development of the real estate project is
enclosed herewith.
OR
3. That the time period within which the project shall be completed by me/promoter is
_________.
4. That seventy per cent of the amounts realised by me/promoter for the real estate project
from the allottees, from time to time, shall be deposited in a separate account to be
maintained in a scheduled bank to cover the cost of construction and the land cost and shall
be used only for that purpose.
5. That the amounts from the separate account, to cover the cost of the project, shall be
withdrawn in proportion to the percentage of completion of the project.
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6. That the amounts from the separate account shall be withdrawn after it is certified by an
engineer, an architect and a chartered accountant in practice that the withdrawal is in
proportion to the percentage of completion of the project.
7. That I / promoter shall get the accounts audited within six months after the end of every
financial year by a chartered accountant in practice, and shall produce a statement of
accounts duly certified and signed by such chartered accountant and it shall be verified
during the audit that the amounts collected for a particular project have been utilised for
the project and the withdrawal has been in compliance with the proportion to the
percentage of completion of the project.
8. That I / promoter shall take all the pending approvals on time, from the competent
authorities.
9. That I / promoter have / has furnished such other documents as have been prescribed by
the rules and regulations made under the Act.
10. That I / promoter shall not discriminate against any allottee at the time of allotment of any
apartment, plot or building, as the case may be, on any grounds.
Deponent
Verification
The contents of my above Affidavit cum Declaration are true and correct and nothing material
has been concealed by me therefrom.
Deponent
FORM ‘C’
[See rule 6(1)]
This registration is granted under section 5 of the Act to the following project under project
registration number _______________:
__________________________________________________________________________
(Specify Details of Project including the project address);
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OR
(i) The promoter shall enter into an agreement for sale with the allottees as provided in
‘Annexure A’;
(ii) The promoter shall execute and register a conveyance deed in favour of the allottee
or the association of the allottees, as the case may be, of the apartment or the
common areas as per section 17;
(iii) The promoter shall deposit seventy 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 subclause (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 section 6 read with rule 7
of the Act;
(v) The promoter shall comply with the provisions of the Act and the rules and
regulations made thereunder;
(vi) The promoter shall not contravene the provisions of any other law for the time being
in force in the area where the project is being developed.
3. If the above mentioned conditions are not fulfilled by the promoter, the regulatory
authority may take necessary action against the promoter including revoking the
registration granted herein, as per the Act and the rules and regulations made thereunder.
Dated:
Place:
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FORM ‘D’
[See rule 6(2), rule 7(4); rule 8]
From:
To
_______________________
_______________________
_______________________
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.
Place: Dated:
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FORM ‘E’
[See rule 7(1)]
From:
_______________________
_______________________
_______________________
To
The Real Estate Regulatory Authority,
_______________________
_______________________
_______________________
Sir,
I/We hereby apply for renewal of registration of the following project:
___________________________________________________________________________
___________________________________________________________________________
registered with the regulatory authority vide project registration certificate bearing
No.________________, which expires on___________________________.
Place:
Dated:
Yours faithfully,
Signature and seal of the applicant(s) FORM
‘F’
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This extension of registration is granted under section 6 of the Act, to the following project:
___________________________________________________________________________
__________________________________________________________________________,
registered with the regulatory authority vide project registration certificate bearing
No.___________________ of
OR
(i) The promoter shall execute and register a conveyance deed in favour of the allottee
or the association of the allottees, as the case may be, of the apartment or the common
areas as per section 17;
(ii) The promoter shall deposit seventy 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 valid for a period of ______ years commencing from
_____________and ending with ________________________unless renewed by the
Real Estate Regulatory Authority in accordance with section 6 read with rule 7 of the
Act;
(iv) The promoter shall comply with the provisions of the Act and the rules and
regulations made thereunder;
(v) The promoter shall not contravene the provisions of any other law for the time being
in force in the area where the project is being developed;
(vi) If the above mentioned conditions are not fulfilled by the promoter, the regulatory
authority may take necessary action against the promoter including revoking the
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registration granted herein, as per the Act and the rules and regulations made
thereunder.
Dated:
Place:
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FORM ‘G’
[See rule 10(1)]
To
The Real Estate Regulatory Authority
____________________
____________________
Sir,
I/We beg to apply for the grant of registration as a real estate agent to facilitate the sale or
purchase of any plot, apartment or building, as the case may be, in real estate projects registered
in the _________Union territory in terms of the Act and the rules and regulations made
thereunder,
OR
(i) Status of the applicant, whether individual / company / proprietorship firm / societies
/ partnership firm / limited liability partnership;
OR
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(iii) income tax returns filed under the provisions of the Income Tax Act, 1961 for three
financial years preceding the application or in case the applicant was exempted from
filing returns under the provisions of the Income Tax Act, 1961 for any of the three
year preceding the application, a declaration to such effects;
(i) Demand Draft No. ____________ dated _____________ for a sum of Rs.
____________, in favour of __________, drawn on _______________ bank as
registration fee as per sub-rule (2) of rule 10;
(ii) Income tax returns of the last 3 years or declaration as the case may be;
(iii) authenticated copy of the PAN card of the real estate agent; and
(iv) authenticated copy of the registration as a real estate agent in any other State or Union
territory, if applicable;
4. I/we solemnly affirm and declare that the particulars given in herein are correct to my /our
knowledge and belief.
Dated:
Place:
Yours faithfully,
Signature and seal of the applicant(s)
FORM ‘H’
[See rule 11(1)]
1. This registration is granted under section 9 of the Act with registration certificate bearing
No. _______ to -
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OR
(in the case of a firm / society / company) ______________ firm / society / company
__________________ having its registered office / principal place of business at
______________.
to act as a real estate agent to facilitate the sale or purchase of any plot, apartment or
building, as the case may be, in real estate projects registered in the _________Union
territory in terms of the Act and the rules and regulations made thereunder,
(i) The real estate agent shall not facilitate the sale or purchase of any plot, apartment or
building, as the case may be, in a real estate project or part of it, being sold by the
promoter which is required but not registered with the regulatory authority;
(ii) The real estate agent shall maintain and preserve such books of account, records and
documents as provided under rule 14;
(iii) The real estate agent shall not involve himself in any unfair trade practices as specified
under clause (c) of section 10;
(iv) The real estate agent shall provide assistance to enable the allottee and promoter to
exercise their respective rights and fulfil their respective obligations at the time of
booking and sale of any plot, apartment or building, as the case may be.
(v) The real estate agent shall comply with the provisions of the Act and the rules and
regulations made thereunder;
(vi) The real estate agent shall not contravene the provisions of any other law for the time
being in force in the area where the project is being developed;
(vii) The real estate agent shall discharge such other functions as may be specified by the
regulatory authority by regulations;
3. The registration is valid for a period of five years commencing from _____________ and
ending with________________________ unless renewed by the regulatory authority in
accordance with the provisions of the Act or the rules and regulations made thereunder.
4. If the above mentioned conditions are not fulfilled by the real estate agent, the regulatory
authority may take necessary action against the real estate agent including revoking the
registration granted herein, as per the Act and the rules and regulations made thereunder.
Dated:
Place:
Signature and seal of the Authorized Officer
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FORM ‘I’
[See rule 11(2), 12(4), 13]
From:
To
_______________________
_______________________
_______________________
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.
Place: Dated:
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FORM ‘J’
[See rule 12(1)]
From:
_______________________
_______________________
_______________________
To
The Real Estate Regulatory Authority,
_______________________
_______________________
_______________________
Sir,
I/we beg to apply for renewal my/our registration as a real estate agent under registration
certificate bearing No. _______, which expires on___________________________.
(iii) Status of the applicant, whether individual / company / proprietorship firm / societies /
partnership firm / limited liability partnership;
OR
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(v) income tax returns filed under the provisions of the Income Tax Act, 1961 for three
financial years preceding the application or in case the applicant was exempted from
filing returns under the provisions of the Income Tax Act, 1961 for any of the three year
preceding the application, a declaration to such effect;
Dated:
Place:
Yours faithfully,
Signature and seal of the applicant(s)
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FORM ‘K’
[See rule 12(4)]
OR
(i) The real estate agent shall not facilitate the sale or purchase of any plot, apartment
or building, as the case may be, in a real estate project or part of it, being sold by the
promoter which is required but not registered with the regulatory authority;
(ii) The real estate agent shall maintain and preserve such books of account, records and
documents as provided under rule 14;
(iii) The real estate agent shall not involve himself in any unfair trade practices as
specified under clause (c) of section 10;
(iv) The real estate agent shall facilitate the possession of all documents, as the allottee
is entitled to, at the time of booking of any plot, apartment or building, as the case
may be.
(v) The real estate agent shall provide assistance to enable the allottee and promoter to
exercise their respective rights and fulfil their respective obligations at the time of
booking and sale of any plot, apartment or building, as the case may be.
(vi) The real estate agent shall comply with the provisions of the Act and the rules and
regulations made thereunder;
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(vii) The real estate agent shall not contravene the provisions of any other law for the time
being in force in the area where the project is being developed;
(viii) The real estate agent shall discharge such other functions as may be specified by the
regulatory authority by regulations;
3. The registration is valid for a period of five years commencing from _____________ and
ending with________________________ unless renewed by the regulatory authority in
accordance with the provisions of the Act or the rules and regulations made thereunder.
4. If the above mentioned conditions are not fulfilled by the real estate agent, the regulatory
authority may take necessary action against the real estate agent including revoking the
registration granted herein, as per the Act and the rules and regulations made thereunder.
Dated:
Place:
Signature and seal of the Authorized Officer
Real Estate Regulatory Authority
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FORM ‘L’
[See rule 28(2)]
Every appeal shall be filed in English and in case it is in some other Indian language, it shall
be accompanied by a copy translated in English and shall be fairly and legibly type-written,
lithographed or printed in double spacing on one side of standard petition paper with an inner
margin of about four centimetres width on top and with a right margin on 2.5 cm, and left
margin of 5 cm, duly paginated, indexed and stitched together in paper book form.
Signature: ________________________
Registrar: ________________________
Between
______________________ Appellant(s)
And
______________________ Respondent(s)
Details of appeal:
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The appellant declares that the subject matter of the appeal falls within the jurisdiction
of the Appellate Tribunal.
4. Limitation:
The appellant declares that the appeal is within the limitation specified in sub-section (2)
of section 44
OR
If the appeal is filed after the expiry of the limitation period specified under sub-section
(2) of section 44 specify reasons for delay _____________________________________
(give a concise statement of facts and grounds of appeal against the specific order of
regulatory authority or the adjudicating officer, as the case may be passed under section(s)
___________________ of the Act.
6. Relief(s) sought:
In view of the facts mentioned in paragraph 5 above, the appellant prays for the following
relief(s) _____________________________________________
[Specify below the relief(s) sought explaining the grounds of relief(s) and the legal provisions
(if any) relied upon]
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]
The appellant further declares that the matter regarding which this appeal has been made is
not pending before any court of law or any other authority or any other tribunal(s).
9. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 28:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number
Verification
I__________ (name in full block letters) son / daughter of ______ the appellant do hereby
verify that the contents of paragraphs [1 to 10] are true to my personal knowledge and belief
and that I have not suppressed any material fact(s).
Place:
Date:
Signature of the appellant(s)
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FORM ‘M’
[See rule 36(1)]
Signature: ________________________
Registrar: ________________________
Between
______________________ Complainant(s)
And
______________________ Respondent(s)
Details of claim:
The complainant declares that the subject matter of the claim falls within the jurisdiction
of the regulatory authority.
5. Relief(s) sought:
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In view of the facts mentioned in paragraph 4 above, the complainant prays for the following
relief(s) _____________________________________________
[Specify below the relief(s) claimed explaining the grounds of relief(s) and the legal provisions
(if any) relied upon]
Pending final decision on the complaint the complainant seeks issue of the following interim
order:
[Give here the nature of the interim order prayed for with reasons]
The complainant further declares that the matter regarding which this complaint has been made
is not pending before any court of law or any other authority or any other tribunal(s).
8. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 36:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number
9. List of enclosures:
[Specify the details of enclosures with the complaint]
Verification
I__________ (name in full block letters) son / daughter of ______ the complainant do hereby
verify that the contents of paragraphs [1 to 9] are true to my personal knowledge and belief and
that I have not suppressed any material fact(s).
Place:
Date:
Signature of the complainant(s)
FORM ‘N’
[See rule 37(1)]
Claim for compensation under section 31 read with section 71 of the Act
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Signature: ________________________
Between
______________________ applicant(s)
And
______________________ Respondent(s)
Details of claim:
The applicant declares that the subject matter of the claim falls within the jurisdiction of the
adjudicating officer.
[give a concise statement of facts and grounds of claim against the promoter]
5. Compensation(s) sought:
In view of the facts mentioned in paragraph 4 above, the applicant prays for the following
compensation(s) _____________________________________________
[Specify below the compensation(s) claimed explaining the grounds of claim(s) and the legal
provisions (if any) relied upon]
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The applicant further declares that the matter regarding which this appeal has been made is
not pending before any court of law or any other authority or any other tribunal(s).
7. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule 36:
(iv) Amount
(v) Name of the bank on which drawn
(vi) Demand draft number
8. List of enclosures:
[Specify the details of enclosures with the application]
Verification
I__________ (name in full block letters) son / daughter of ______ the applicant do hereby
verify that the contents of paragraphs [1 to 8] are true to my personal knowledge and belief and
that I have not suppressed any material fact(s).
Place:
Date:
Signature of the applicant(s)
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(In Rupees)
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42. To Overtime
43. To Honorarium
44. To Other office
expenses
45. To expenditure on
Research
46. To Consultation
expenses
47. To Seminars and
conferences
48. To Publications of Real
Estate Regulatory
Authority
49. To Rent and Taxes
50. To Interest on loans
51. To Promotional
Expenses
52. To membership fee
53. To Subscription
54. To Others
54.1. To Leave Salary and
Pension
54.2. Contribution
(In Rupees)
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A. In relation to Promoters:
II. Return on number of cases filed before the regulatory authority and the adjudicating
officer for settlement of disputes and adjudicated upon.
SI. No. of Cases pending in No. of Cases received during No. of Cases disposed of
No. the last quarter by the the quarter by the regulatory by the regulatory
regulatory authority authority authority
SI. No. of Cases pending in No. of Cases received during No. of Cases disposed
No. the last quarter with the the quarter by the adjudicating of by the adjudicating
adjudicating officer officer officer
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III. Statement on the periodical survey conducted by the regulatory authority to monitor the
compliance of the provisions of the Act by the promoters, allottees and real estate agents.
IV. Statement on steps taken to mitigate any non-compliance of the provisions of the and
the rules and regulations made thereunder by the promoters, allottees and real estate
agents.
V. Statements on penalty imposed by the regulatory authority for contraventions of the Act
and directions of the regulatory authority and adjudicating officer.
SI. No. Name of the Details of the Penalty imposed Whether paid
promoter directions issued
SI. No. Name of the allottee Details of the Penalty imposed Whether paid
directions issued
SI. No. Name of the real Details of the Penalty imposed Whether paid
estate agent directions issued
***********
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