Odisha Real Estate (Regulation and Development) Rules, 2017

Odisha Real Estate (Regulation and Development) Rules, 2017

Housing & Urban Development Department
Odisha Urban Housing Mission (OUHM)
(AWAAS Building, Vivekananda Marg, Bhubaneswar-751014)
e-mail- ouhmodisha@gmail.com

Notification
The 25th February, 2017

S.R.O. No.76/2017—In pursuance of Section 84 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016), the State Government do hereby makes the following rules, namely: —

Chapter-I Preliminary

1. Short title and Commencement. — (1) These rules may be called the Odisha Real Estate (Regulation and Development) Rules, 2017.

(2) They shall come into force on the date of their publication in the Odisha Gazette.

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

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 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 Government of Odisha

(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 piece or parcels of land on which the project is developed and constructed by a promoter; and

(h) “section” means a section of the Act.

(2) Words and expressions used but not defined in these rules, shall have the meanings as respectively assigned to them in the Act.

Chapter-II Real Estate Project

3. Information and documents to be furnished by the promoter for registration of real estate project.—(1) A promoter shall furnish the following information and documents, along with those specified in sub-section (2) of section 4 of the Act, for registration of the real estate project with the Authority, namely:-

(a) authenticated copy of the PAN card of the promoter;

(b) annual report including audited profit and loss account, balance sheet, cash flow statement, directors report and the auditors’ report and income tax returns of the promoter for the immediately preceding three financial years;

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

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

(e) the details of encumbrances on the land on which development of project is proposed including details of any rights, title, interest, dues, litigation and name of party in or over such land;

(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 of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land on which project is proposed to be developed; and

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

(2) The application referred to in sub-section (1) of Section 4 of the Act shall be made in such Form, manner and within such time as specified by regulations.

(3) The promoter shall pay a registration fee as specified by regulations from time to time.

(4) The declaration to be submitted under clause (l) of sub-section (2) of Section 4 of the Act, shall be as per Form ‘A’, 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 expiry of the period of thirty days provided under sub-section (1) of Section 5, of the Act registration fee to the extent of ten percent paid under sub-rule (3) above shall be retained as processing fee by the Authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal.

4. Disclosure by promoters of ongoing projects. —(1) Upon the notification for commencement of sub-section (1) of Section 3, the promoters of all ongoing projects which have not received completion certificate shall, within the time specified in the said sub-section, make an application to the Authority in the form and manner provided 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 of development 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 completion 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 Authority, deposit in the separate bank account, seventy per cent of the amounts already realized from the allottees, which have not been utilized for construction of the project or the land cost for the project as required under sub-clause (D) of clause (l) of sub-section (2) of Section 4, which shall be used for the purposes specified therein.

5. Grant or rejection of registration of the project. — (1) Upon the registration of a project as per Section 5 read with rules 3 and 4, as the case may be, the Authority shall issue a registration certificate with a registration number in Form ‘B’ to the promoter.

(2) In case of rejection of the application as per Section 5, the Authority shall inform the applicant in Form ‘C’:

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

6. Extension of registration of project. — (1) The registration granted under section 5 of the Act, may be extended by the Authority, on an application made by the promoter in such Form and in such manner as specified by regulations, 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 drawn on any scheduled bank or through online payment mode, as the case may be, for an amount as specified by regulations from time to time 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 applies 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.

(4) In case of extension of registration, the Authority shall inform the promoter about such extension in Form ‘D’ and in case of rejection of the application for extension of registration the Authority shall inform the promoter about such rejection in Form ‘C’: Provided that the Authority may grant an opportunity to the promoter to rectify the defects in the application within such time period as may be specified by it.

7. Revocation of registration of the project.— Upon the revocation of registration of a project as per Section 7, the Authority shall inform the promoter about such revocation in Form ‘C’.

8. Agreement for sale. — (1) For the purpose of sub-section (2) of Section 13 of the Act, 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

9. Application for registration by the real estate agent. — (1) Every real estate agent required to register as per sub-section (2) of Section 9 of the Act shall make an application in writing to the Authority in Form ‘E’, 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, company etc.);

(b) the particulars of registration (whether as a proprietorship, partnership, company, society etc.) including the bye-laws, memorandum of association, articles of association etc. as the case may be;

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

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

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

(g) such other information and documents, as may be specified by regulations.

(2) The real estate agent shall pay a registration fee as notified by the Government from time to time along with the application for registration byway of a demand draft drawn on any scheduled bank or through online payment, as the case may be.

10. Grant of registration to the real estate agent.— (1) On receipt of the application as per sub-section (2) of Section 9 read with rule 9, the Authority shall within a period of thirty days either grant registration to the real estate agent or reject the application, as the case may be:

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

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

(3) In case of rejection of the application, the Authority shall inform the applicant in Form ‘G’.

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

11. Renewal of registration of real estate agent. — (1) The registration granted to a real estate agent under section 9 of the Act, may be renewed, on an application made by the real estate agent in Form ‘H’, 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 drawn on any scheduled bank or through online payment, as the case may be, for a sum as notified by the Government from time to time.

(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 9 at the time of application for renewal.

(4) In case of renewal of registration, the Authority shall inform the real estate agent about the same in Form ‘I’ and in case of rejection of the application for renewal of registration the Authority, shall inform the real estate agent in Form ‘G’:

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 and to rectify the defects in the application within such time period as may be specified by it.

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

12. Revocation of registration of real estate agent.— The Authority may, due to reasons specified under sub-section (7) of Section 9, revoke the registration granted to the real estate agent or renewal thereof, as the case may be, and intimate the real estate agent of such revocation in Form ‘G’.

13. Books of accounts, records and documents.— The real estate agent shall maintain and preserve its books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961 (43 of 1961), as amended from time to time, and the rules made thereunder.

14. Other functions of a real estate agent. — The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfil their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.

Chapter-IV Details to be Published on the Website of the Authority

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

(a) details of the promoter including the following, namely:—

(i) promoter or group profile,—

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

(B) background of promoter,- work experience of the promoter and in case of a newly incorporated or registered entity work experience of the chairman, directors, partners, as the case may be and that of the authorised persons of the parent entity;

(C) name, address, contact details and photograph of the promoter in case of an individual and the name, address, contact details and photograph of the chairman, directors, partners, as the case may be and that of the authorised persons.

(ii) track record of the promoter,-

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

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

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

(D) number of ongoing projects and proposed area to be constructed launched in the past five years including the status of the said projects, delay in its completion, details of type of land and payments pending;

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

(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 parent entity, as the case may be;

(B) web link of the project;

(b) details of the real estate project including the following, namely:—

(i) advertisement and prospectus issued in regard to the project;

(ii) compliance and registration,—

(A) authenticated copy of the approvals and commencement certificate received 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 garage related details,-

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

(B) details of the number and area of garage for sale in the project;

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

(iv) registered Agents,- names and addresses of real estate agents for the project.

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

(A) name and address of the person;

(B) names of promoters;

(C) year of establishment;

(D) names and profile of key projects completed;

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

(vii) development Plan,—

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

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

(C) gantt charts or milestone charts and project schedule:- the plan of development works to be executed in the project and the details of the proposed facilities to be provided thereof and the timelines 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) the authenticated copy of the PAN card of the promoter;

(ii) the annual report including audited profit and loss account, balance sheet, cash flow statement, directors report and the auditors’ report of the promoter for the immediately preceding three financial years and where annual report is not available then the audited profit and loss account, balance sheet, cash flow statement and the auditors’ report of the promoter for the immediately preceding three financial years sand in case of newly incorporated or registered entity such information shall be disclosed for the parent entity;

(d) the promoter shall upload the following updates on the webpage for the project, within fifteen days from the expiry of each quarter, namely:-

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

(ii) list of number of garages booked;

(iii) status of the project,-

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

(B) status of construction of each floor with photographs;

(C) status of construction of internal infrastructure and common areas with photographs.

(iv) status of approvals,-

(A) approvals received;

(B) approvals applied and expected date of receipt;

(C) approvals to be applied and date planned for application;

(D) modifications, amendment or revisions, if any, issued by the competent authority with regard to any sanctioned plans, layout plans, specifications, license, permit or approval for the project;

(e) the details of approvals, permissions, clearances, legal documents,-

(i) approvals-

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

(B) authenticated copy of the site plan or site map showing the location of the project land along with names of revenue estates, 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 of the project;

(D) floor plans for each tower and block including club house, amenities and common areas;

(E) any other permission, approval, or license 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) the details including the pro forma of the application form, allotment letter, agreement for sale and the conveyance deed;

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

(C) land title search report from an advocate having experience of at least ten years;

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

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

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

(f) Contact details- contact address, contact numbers and email-id of the promoter, authorised person and other officials related to the project.

(2) For the purpose of clause (c) of Section 34 of the Act, the 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 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 name, registered address, type of enterprise (whether as proprietorship, societies, partnership, company 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 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 of business 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 as proprietorship, societies, partnership, company etc.);

(iii) name, address, contact details and photograph of the real estate agent if it is an individual and the name, address, contact details and photograph of the partners, directors etc. in case of other persons;

(c) such other documents or information as may be specified by the Act or the rules and regulations made hereunder.

(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 Interest payable by Promoter and Allottee and timelines for Refund

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

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

17. Timelines for refund. —Any refund of monies along with the applicable interest and compensation, if any, payable by the promoter in terms of the Act or the rules and regulations made 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, as the case may be, becomes due.

Chapter-VI Real Estate Regulatory Authority

18. Manner of selection of Chairperson and other Members of the Authority.—

(1) As and when vacancies of Chairperson or any other Member in the Authority exist or  arise, or are likely to arise, the Government may make a reference to the Selection Committee in respect of the vacancies to be filled as per provisions of Section 21.

(2) The Government shall expeditiously constitute a selection committee, as often as may be required, to select persons for appointment as Chairperson and Members.

(3) The Selection Committee shall consist of the following members, namely:—

(a) Chief Justice of High Court of Orissa or his nominee shall be the Chairman;

(b) Additional Chief Secretary or Principal Secretary or Secretary to Government, Department of Law shall be the member; and

(c) Additional Chief Secretary or Principal Secretary or Secretary to Government, Housing & Urban Development Department shall be the Member and Convenor of the Selection Committee.

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

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

(6) The Selection Committee shall make its recommendation to the Government within a  period of not exceeding sixty days from the date of reference made under sub-rule (1).

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

19. Salary and allowances payable and other terms and conditions of service of Chairperson and other Members of the Authority.— (1) The salaries and allowances payable to the Chairperson and other Members of the Authority shall be as follows:—

(a) the Chairperson of the Authority shall be paid a salary equivalent to that of the Chief Secretary of the State Government; and

(b) the Members of the Authority shall be paid a salary equivalent to Principal Secretary of the State Government.

(2) Dearness Allowance and City Compensatory Allowance: The Chairperson or the Member of the Authority shall be entitled to receive Dearness Allowance and other allowances at the rate as are admissible to the Chief Secretary of the State Government or Principal Secretary of the State Government respectively:

Provided that in case a person appointed as the Chairperson or a member is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension including any commuted portion thereof drawn by him.

(3) Leave: (a) The Chairperson or a Member shall be entitled to thirty days of earned leave for every completed year of service.

(b) Leave sanctioning authority.- Leave sanctioning authority in case of,—

(i) The Chairperson of the Authority, shall be the Minister-in-Charge of the Housing & Urban Development Department of the State Government; and

(ii) The Members of the Authority, shall be the Chairperson

(4) Other Allowances & Benefits: The other allowances including travelling allowance, daily allowance, leave travel concession, medical facilities, conveyance facilities, accommodation, telephone facilities and other allowances shall be same as admissible to the Chief Secretary or the Principal Secretary to the State Government, as the case may be.

20. Administrative powers of the Chairperson of the Authority. — (1) Subject to the provisions of the Act, the administrative powers of the Chairperson of the Authority shall include making decisions with regard to the following:—

(a) officiating against sanctioned posts;

(b) authorisation of tours to be undertaken by any Member, officer or employee of the Authority within India;

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

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

(e) nominations for attending seminars, conferences and training courses in India;

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

(g) matters pertaining to staff welfare expenses;

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

(i) matters relating to disciplinary action against any Member, officer or employee of the Authority.

(2). The Chairman of the Authority shall also exercise such other powers that may be required for the efficient functioning of the Authority and enforcement of the provisions of the Act and the rules and regulations made thereunder.

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

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

22. Categories of Officers and employees of the Authority.— The nature and categories of officers and employees of the Authority shall be recommended by the Authority for consideration of the Government which shall be approved with or without modifications, as the case may be, by the Government.

23. Conditions of Service.— (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 Government and drawing the corresponding scales of pay;

Provided that the provisions of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 shall apply to the officers and employees of the Authority subject to modification specified in the schedule to these rules.

(2) Consultants or experts may be engaged by the Authority to facilitate its discharge of functions. The consultants or experts shall be paid a monthly honorarium as may be determined by the Government from time to time.

(3) The consultants or experts shall not be deemed to be regular members of the Staff borne on the establishment of the Authority. The consultants or experts may be appointed for tenure of one year, extendable on year to year basis.

(4) The term of the appointment of consultants or experts may be terminated by the Authority by serving one months’ notice.

(5) The Government shall have powers 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 for the reasons recorded in writing.

24. Functioning of the Authority.— (1) The office of the Authority shall be located at Bhubaneswar or at such place as may be determined by the Government by notification.

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

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

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

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

25. Additional powers of the Authority.— (1) In addition to the powers specified in clause (iv) of sub-section (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 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office.

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

(3) The Authority may in the interest of the allottees, inquire into the payment of amounts imposed as penalty, interest or compensation, paid or payable by the promoter, in order to ensure that the promoter has not,—

(a) withdrawn the said amounts from the account maintained under sub-clause (D) of clause (l) of sub-section(2) of Section 4 of the Act; or

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

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

26. Recovery of interest, penalty and compensation. — Subject to the provisions of sub-section (1) of section 40, the recovery of the amounts due such as interest, penalty or compensation shall be recovered as arrears of land revenue in the manner provided under the Odisha Public Demands Recovery Act, 29162 (Odisha Act, 1 of 1963).

Chapter-VII Real Estate Appellate Tribunal

27. Appeal and the fees payable.— (1) Every appeal filed under sub-section (1) of section 44 of the Act shall be accompanied by a fees of five thousand rupees in the form of a demand draft drawn on a scheduled 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 Form ‘J’, in triplicate, until the application procedure is made web based, along with the following documents, namely:—

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

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

(c) An index of the documents.

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

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

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

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

Provided that where the appellant or his authorised 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 authorised person fails to appear on the date of hearing, the Appellate Tribunal may decide the appeal ex parte.

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

28. 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 Government may make a reference to the Selection Committee in respect of the vacancies to be filled.

(2) The Selection Committee may, for the purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of a Search Committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered 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 Government.

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

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

29. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of 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 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; and

(c) The Member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Principal Secretary to the Government.

(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 Member shall be as admissible to a Judge of High Court or Principal Secretary to Government, as the case may be.

Provided that in case a person appointed as the Chairperson or a member is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension including any commuted portion thereof drawn by him.

30. Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal.— (1) The Government shall on the occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of Section 26 of the Act in case of a Chairperson or Member of the Authority or as specified under sub-section (1) of Section 49 in case of a Chairperson or Member of the Appellate Tribunal, either by receipt of a complaint in this regard or suo motu, as the case may be, make a preliminary scrutiny with respect to such charges against the Chairperson or any Member of the Authority or Appellate Tribunal, as the case may be.

(2) If, on preliminary scrutiny, the Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before the Chief Justice of the High Court to appoint a sitting or retired Judge of the High Court.

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

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

(b) material documents relevant to the inquiry.

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

(5) Where it is alleged that the Chairperson or Member of an 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 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 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 Authority or Appellate Tribunal, as the case may be.

31. Salary and allowances payable and other terms and conditions of service of officers and other employees of Appellate Tribunal.— (1) The conditions of service of the officers and employees of the Appellate Tribunal and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, as applicable to officers and employees of the Government and drawing the corresponding scales of pay.

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

32. Categories of Officers and employees of the Appellate Tribunal.— The nature and categories of officers and employees of the Tribunal shall be recommended by the Tribunal for consideration of the Government which shall be approved with or without modifications, as the case may be.

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

Provided that the provisions of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 shall apply to these officers and employees of the Appellate Tribunal subject to modification specified in the schedule to these rules.

34. Additional powers of the Appellate Tribunal.— (1) In addition to the powers specified in clause (g) of sub-section (4) of Section 53 of the Act, 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 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 Appellate Tribunal 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.

35. Administrative powers of the Chairperson of the Appellate Tribunal.— (1) The Chairperson of the Appellate Tribunal shall exercise the following administrative powers namely:—

(a) Officiating against sanctioned posts.

(b) Authorisation of tours to be undertaken by any Member, officer or employee: within India.

(c) Matters in relation to reimbursement of medical claims.

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

(e) Nominations for attending seminars, conferences and training courses in India.

(f) Permission for invitation of guests to carry out training course.

(g) Matters pertaining to staff welfare expenses.

(h) Sanction or scrapping or write-off of capital assets which due to normal wear and tear have become unserviceable or are considered beyond economical repairs.

(i) All 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 the efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and the rules and regulations made thereunder.

36. Functioning of the Appellate Tribunal.— (1) The office of the Appellate Tribunal shall be located at such place as may be determined by the Government by notification.

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

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

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

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

Chapter-VIII Offences and Penalties

37. 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 of the Act, accept an amount as specified in the Table below:

(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 (1) and subsequent to compliance of the orders of the Authority or the Appellate Tribunal as provided in sub-rule (2), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such person in any court for that offence.

(4) The acceptance of the sum of money for compounding an offence under sub-rule (1), by the Court shall be deemed to be an acquittal within the meaning of Section 300 of the Code of Criminal Procedure, 1973 (2 of 1974).

Chapter-IX Filing of complaint with the Authority and the Adjudicating Officer

38. The manner of holding an inquiry by the Authority.— (1) Any aggrieved person may file a complaint with the Authority for any violation under the Act or the rules and regulations made there under, save as those provided to be adjudicated by the adjudicating officer in such Form, manner and fees as specified by regulations.

(2) The Authority shall for the purposes of deciding any complaint as specified under sub-rule (1), follow summary procedure for inquiry in the following manner, namely:—

(a) Upon receipt of the complaint, the Authority shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent.

(b) The respondent against whom such notice is issued under clause (a), may file his reply in respect of the complaint within the period as specified in the notice.

(c) The notice may specify a date and time for further hearing and the date and time for the hearing shall also be communicated to the complainant.

(d) On the date so fixed, the Authority shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent,—

(i) pleads guilty, the Authority shall record the plea, and pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made hereunder;

(ii) does not plead guilty and contests the complaint, the Authority shall demand an explanation from the respondent.

(e) In case the Authority is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint.

(f) In case the Authority is satisfied on the basis of the submissions made that there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it.

(g) The Authority shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions.

(h) The Authority shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence, the Authority shall not be bound to observe the provisions of the Indian Evidence Act, 1872 (11 of 1872).

(i) On the date so fixed, the Authority upon consideration of the evidence produced before it and other records and submissions is satisfied that,—

(i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder, it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made there under;

(ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations made hereunder, the Authority may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.

(j) If any person fails, neglects or refuses to appear, or present himself as required before the Authority, the Authority shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

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

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

39. The manner of holding an inquiry by the adjudicating officer.— (1) Any aggrieved person may file a complaint with the adjudicating officer for interest and compensation as provided under sections 12, 14, 18 and 19 in such Form, manner and fees as specified by regulations.

(2) The adjudicating officer shall for the purposes of adjudging interest and compensation follow summary procedure for inquiry in the following manner, namely:—

(a) Upon receipt of the complaint, the adjudicating officer shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent.

(b) The respondent against whom such notice is issued under clause (a) of sub-rule (2) may file his reply in respect of the complaint within the period as specified in the notice.

(c) The notice may specify a date and time for further hearing and the date and time for the hearing shall also be communicated to the complainant.

(d) On the date so fixed, the adjudicating officer shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent,-

(i) pleads guilty, the adjudicating officer shall record the plea, and by order in writing for payment of interest as specified in rule 15 and such compensation as he thinks fit, as the case may be, in accordance with the provisions of the Act or the rules and regulations, made thereunder;

(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 it may dismiss the complaint.

(f) In case the adjudicating officer is satisfied on the basis of the submissions made that there is need for further hearing into the complaint 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 summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence, the adjudicating officer shall not be bound to observe the provisions of the Indian Evidence Act, 1872 (11 of 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 of the Act or the rules and regulations, made thereunder; or

(ii) not liable to any interest and compensation, as the case may be, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing.

(j) If any person fails, neglects or refuses to appear, or present himself as required before the adjudicating officer, the adjudicating officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

(3) The procedure for day to day functioning of the adjudicating officer, which have not been provided by the Act or the rules made thereunder, shall be as specified by regulations made by the Authority.

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

Chapter-X Budget and Report

40. Budget, accounts and audit.— (1) At the end of the financial year of every year, the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in Form ‘K’.

(2) The Authority shall preserve the accounts and other relevant records prepared under sub-rule (1) for a minimum period of five years.

(3) The accounts and other relevant records under sub-rule (1) shall be signed by the Chairperson, Members, Secretary and the officer-in-charge of Finance and Accounts.

(4) The accounts of the Authority and the audit report shall, as soon as possible, be submitted to the Government for laying before the Parliament.

41. Annual Report.— (1) The Authority shall submit its annual report in such manner as may be specified by the regulat