The Punjab Real Estate Regulatory Authority (General) Regulations 2017
REAL ESTATE REGULATORY AUTHORITY, PUNJAB GROUND FLOOR, PUNJAB MANDI BHAWAN, SECTOR 65, S.A.S.NAGAR- 160062
NOTIFICATION
Dated: 22nd March 2018
No. RERA/REGULATIONS(G)2018/2075- In exercise of the powers conferred on it under Section 85 of the Real Estate (Regulations ad Development) Act, 2016 and of all other powers enabling it in that behalf, the Real Estate Regulatory Authority, Punjab with the approval of the State Government, hereby makes the following Regulations : –
Short Title, Object, Commencement and Extent
1. (a) These regulations may be called the Punjab Real Estate Regulatory Authority (General) Regulations 2017.
(b) The object of these Regulations is to establish procedures regarding the general functioning of the Authority, for the conduct of business of the Authority, and for related matters.
(c) These Regulations shall come into force on the date of their notification in the Official Gazette.
(d) These Regulations shall apply in relation to all matters falling within the jurisdiction of the Authority in the State of Punjab, except those covered by other Regulations of the Authority.
Definitions
2. (1) In these Regulations, unless the context otherwise requires:-
(i) “Act” means the Real Estate (Regulation and Development) Act 2016 as amended from time to time;
(ii) “Adjudication” means the process of arriving at decisions on complaints submitted to the Authority or the Adjudicating Officer under Section 31 of the Act ;
(iii) “Chairperson” means the Chairperson of the Authority;
(iv) “Authority” means the Real Estate Regulatory Authority, Punjab;
(v) “Consultant” includes any person not in the employment of the Authority who may be appointed as such to assist the Authority on any matter required to be dealt with by it under the Act and the rules and regulations made there under;
(vi) “Member” means a member of the Authority;
(vii) “Proceedings” means and include proceedings of all nature, except adjudication, that the Authority may conduct in the discharge of its functions under the Act and the rules and regulations;
(viii) “Secretary” means the Secretary of the Authority;
(ix) “Officer” means an Officer of the Authority;
(xi) “Regulations” mean the Punjab Real Estate Regulatory Authority (General) Regulations 2017 as amended from time to time.
(x) “Rules” mean the rules framed by Government of Punjab, under the Real Estate (Regulation and Development) Act 2016 and as amended from time to time.
(2) Words or expressions occurring in these Regulations and not defined herein but defined in the Act or the Rules shall bear the same meanings respectively assigned to them in the Act and the Rules.
Formats of Certificates of Architect, Engineer and Chartered Accountant
3. The certificates to be issued by the project architect, project engineer, chartered accountant and submitted to the banks for getting release of money from the special account under Section 4 (2) (1) (D) of the Act shall be in Forms 1, 2, and 3 respectively. The certificate issued by the project architect on completion of each of the building/wing of the real estate project shall be in Form 4.
Additional Disclosures by Promoters on the Website and Project site
4. In addition to all the details of the proposed Real Estate project, to be uploaded by the promoter on his webpage on the website of the Authority, as required under sub-section (1) of Section 11 of the Act and Rule 15 of the Punjab Real Estate (Regulation and Development) Rules, 2017 the promoter shall additionally upload the annual report on statement of accounts, in Form 5 [issued in accordance with the third proviso to Section 4 (2) (l) (D) of the Act] duly certified and signed by the chartered accountant who is the statutory auditor of the promoter’s enterprise.
Explanation 1: The chartered accountant certifying the progress of the registered real estate project for the purpose of withdrawal of amounts from the separate account should be a different entity than the chartered accountant who is the statutory auditor of the promoter’s enterprise.
Explanation 2: If the Form 5 issued by the statutory auditor reveals that any certificate issued by the project architect, engineer or the chartered accountant has false or incorrect information and the amounts collected for a particular project have not been utilized for the project, or the withdrawal has not been in proportion to the percentage of completion of the project, the Authority, in addition to taking penal actions as contemplated in the Act , Rules and other applicable laws, shall also take up the matter with the concerned regulatory body of the said professionals of the architect, engineer or chartered accountant, for necessary action against them.
5. The sanctioned plans, layout plans, along with specifications, approved by the Competent Authority shall be prominently displayed, with dimensions of at least 3 feet X 2 feet, by the promoter at the project land site, and at all places from where sale or booking of any plot or apartment or building is carried out.
Authority’s office, office hours and sittings
6. The head office of the Authority shall be at Chandigarh/ Mohali.
7. The Authority shall follow the office timings and holidays as notified from time to time by the State Government for its offices in Chandigarh.
8. The Authority may conduct its proceedings at the head office or at any other place within its jurisdiction on days and time as directed by the Chairperson.
Language of the Authority
9. The business of the Authority shall be conducted in English, provided that the Authority shall allow any person to plead or represent his case in Punjabi. However the Authority shall endeavour to promote the use of Punjabi in its functioning.
Authentication of documents:
10. Any document requiring authentication by the Authority shall be issued under the seal of the Authority, and shall be signed by the Secretary or other Officer authorized by the Chairperson in this behalf.
Officers of the Authority
11. (a) The Authority shall have the power to appoint the Secretary, Officers and other employees for discharging various duties. The qualifications, experience and terms and conditions of service and appointment of such Secretary, Officers and other employees shall be subject to such regulations as may be specified by the Authority.
(b) The Authority may appoint or engage Consultants to assist the Authority in the discharge of its functions.
12. (a) The Secretary shall be the Principal Executive Officer of the Authority and shall be responsible for ensuring due implementation of the decisions of the Chairperson and the Authority. The Authority, in the discharge of its functions under the Act, may take such assistance from the Secretary as it may deem fit.
(b) In particular, and without prejudice to the generality of the provisions of sub- regulations (a) and (b) above, the Secretary shall have the following powers and perform the following duties, viz:-
(i) He shall have custody of the records and the seal of the Authority.
(ii) He shall receive or cause to receive all documents, including, inter alia, applications or references pertaining to the Authority.
(iii) He shall scrutinize documents, including, inter alia, applications or references and shall be entitled to seek clarifications or rectifications upon the same.
(iv) He shall carry out such functions under the Act or the Rules, as may be delegated to him by the Chairperson or the Authority, by general or special order.
(v) He shall assist the Authority in the proceedings relating to the powers exercisable by the Authority.
(vi) He shall provide notice for meeting, prepare the agenda for meetings and minute the proceedings of the Authority’s meetings.
(vii) He shall authenticate the orders passed by the Authority.
(viii) He shall, so far as it is possible, monitor compliance of the orders passed by the Authority and shall forthwith bring to the notice of the Authority any non-compliance thereof.
(ix) He shall have the right to collect from the State Government or other offices, companies and firms or any other party as may be directed by the Chairperson or the Authority, such information and record, report, documents, etc., as may be considered necessary for the purpose of efficient discharge of its functions under the Act and the Rules and place the same before the Authority.
13. In the absence of the Secretary, the Officer of the Authority designated by the Chairperson in this behalf, shall exercise the functions of the Secretary.
Meetings
14. This section shall be applicable to the meetings of the Authority, other than those held in connection with the adjudicatory proceedings of the Authority.
15. The quorum for the meetings of the Authority shall be two.
16. The Chairperson shall preside over the meetings and conduct the business. If the Chairperson is unable to be present in the meetings for any reason, or where there is no Chairperson, the senior most Member present shall preside at the meeting. Provided that any Member who, either himself or through immediate family, has a direct or indirect pecuniary or other interest in any matter coming up before the Authority shall not take part in any deliberation or decision of the Authority relating to such matter.
Explanation: For the purpose of this Regulation, immediate family means spouse, child, parent or sibling regardless of whether they are dependent upon the member or not.
17. (a) All questions which come up before any meetings of the Authority shall be decided by a majority of votes of the Members present and voting. In the event of an equality of votes, the Chairperson or in his absence, the Member presiding shall have a second or casting vote.
(b) Save as otherwise provided in these Regulations, every Member shall have one vote.
18. (a) The Secretary or in his absence an Officer of the Authority designated by the Chairperson, shall record the minutes of the meetings and maintain a register which will, amongst other things, contain the names and designation of Members and invitees present in the meeting, a record of proceedings and notes of dissent, if any.
(b) The decision taken in a meeting of the Authority shall be recorded in the minutes in a clear and concise manner, along with reasons. In case the minutes record any statement/submission made by an invitee, a copy of the minutes shall be sent to such invitee.
(c) The minutes shall be approved by the Chairperson, or the Member presiding over a meeting; and the original copy pasted in a register exclusively maintained for this purpose.
(d) The minutes of the previous meeting shall be confirmed at the next meeting of the Authority.
Constitution of Committees
19. (a) The Authority may from time appoint such Committees or sub-Committees comprising of such Members, officers, employees, or outside experts as it may deem fit to advise it on such matters as may be specified and subject to the such directions that the Authority may give.
(b) Every outside expert invited to attend a meeting of the Authority, or any of its Committees etc., will be entitled to the payment of sitting fees as may be determined by the Authority from time to time.
Vacancies, etc., not to invalidate proceedings
20. No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Authority.
Authorized Representative
21. A person who is a party to any proceedings before the Authority may either appear in person or authorise any other person to present his case before the Authority and to do all or any of the acts for the purpose.
Provided that the person appearing on behalf of any person in any proceeding before the Authority shall file a Memorandum of Authorisation, in Form 6 herein.
Orders of the Authority
22. The Chairperson/Member(s) hearing a proceeding shall pass orders in such proceedings, and such orders shall be signed by the Chairperson/Members of the Authority hearing such proceeding. Every order made by the Authority shall be a reasoned order.
23. All orders and decisions issued by the Authority shall be certified by the signature of the Secretary or an Officer empowered in this behalf by the Chairperson and shall bear the official seal of the Authority and be communicated as expeditiously as possible to all parties in the proceeding.
Authority’s records – documentation, inspection, confidentiality and accessibility
24. (a) Subject to sub-regulation (c) herein, records of the Authority shall be open to inspection by all, subject to the payment of the fee and complying with the terms as it may direct.
(b) The Authority shall, on such terms and conditions as it considers appropriate, provide for supply of certified copies of documents and papers available with the Authority to any person, applying in Form 7, subject to the payment of fee and complying with the terms as it may direct. The Authority shall designate an Officer for ensuring timely response to requests received for supply of certified copies of documents who shall endeavour to dispatch the certified copies of documents requested for within a period of fourteen (14) working days from the date of receipt of request.
(c) The Authority may, by order, direct that any information, documents and papers / materials maintained by the Authority, shall be confidential or privileged and shall not be available for inspection or supply of certified copies, and the Authority may also direct that such document, papers, or materials shall not be used in any manner except as specifically authorised by the Authority.
25. The Authority shall endeavour to make information involving public interest accessible and available to the public, including, inter alia, through its website.
Interim Orders, investigation, inquiry, collection of information, etc
26. The Authority may pass such ad-interim or interim orders, as the Authority may consider appropriate at any stage of any proceedings, having regard to the facts and circumstances of the case.
27. The Authority may make such direction or order as it thinks fit for collection of information, inquiry, investigation, entry, search, seizure and, without prejudice to the generality of its powers, including, inter alia, the following :-
(a) The Authority may, at any time, direct the Secretary or any one or more Officers or any other person as the Authority considers appropriate to study, investigate or furnish information with respect to any matter within the jurisdiction of the Authority under the Act and the Rules.
(b) The Authority may, for the above purpose, give such other directions as it may deem fit and state the time within which the report is to be submitted or information furnished.
(c) The Authority may issue or authorise the Secretary or an Officer to issue directions to any person to produce before it, and allow to be examined and kept by an Officer of the Authority directed in this behalf, the books, accounts, etc., or to furnish any information to the designated Officer.
(d) The Authority may issue such directions, for the purpose of collection of any information, particulars or documents that the Authority considers necessary in connection with the discharge of its functions under the Act and the Rules.
(e) If any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority or the Secretary or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.
(f) The Authority may direct such incidental, consequential and supplemental matters to be attended to which may be considered relevant in connection with the above.
28. If the report or information obtained in accordance with Regulation 27 above or any part thereof is proposed to be relied upon by the Authority for forming its opinion or view in any proceedings, the parties to the proceedings shall be given a reasonable opportunity for filing objections and making submissions on such report or information.
Confidentiality:
29. (a) The Authority shall appraise and determine whether any document or evidence provided to it by any party and claimed by that party to be of a confidential nature merits being withheld from disclosure to other parties as being confidential and shall provide brief reasons in writing for arriving at its conclusion.
(b) If the Authority is of the view that the claim for confidentiality is justified the Authority may direct that the same be not provided to such parties as the Authority may deem fit. However, the party claiming the confidentiality shall provide a brief non-confidential summary of the substance of the documents found to be confidential and the import of the same.
(c) Notwithstanding the above, it shall be open to the Authority to take into consideration the contents of the documents found to be confidential in arriving at its decision.
Issue of orders and directions
30. Subject to the provisions of the Act, Rules and Regulations, the Authority may, from time to time issue orders and directions in regard to the implementation of the Regulations and procedure to be followed.
Costs
31. (a) Subject to such condition and limitation as may be directed by the Authority, the costs of and incidental to, all proceedings shall be awarded at the discretion of the Authority and the Authority shall have full power to determine by whom or out of what funds and to what extent such costs are to be paid and give all necessary directions for the aforesaid purposes.
(b) The costs shall be paid within thirty (30) days from the date of the order or within such time as the Authority may, by order, direct. If a party fails to comply with an order for costs within the permitted period, the order of the Authority awarding costs shall be executed forthwith in the same manner as a decree/order of a Civil Court.
Administrative Charges and Standard Fees
32. The administrative charges to be retained by the Authority in cases of withdrawal of application for registration of any Real Estate Project will be 10% of the fee paid subject to a maximum of Rupees five thousand only. The remaining amount of registration fees shall be refunded to the promoter within 15 days through RTGS or NEFT system or any other digital transaction mode.
33. The Authority may, by order, fix standard fees, including annual fees, to be levied on the promoters or real estate agents or allottees for inspection of documents, certified copies of documents, the updating of website, database management and maintenance of the website.
Saving of inherent power of the Authority
34. Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent power of the Authority to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Authority.
35. Nothing in these Regulations shall bar the Authority from adopting in conformity with the provisions of the Act or Rules, a procedure, which is at variance with any of the provisions of these Regulations including summary procedures, if the Authority, in view of the special circumstance of a matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient for so dealing with such a matter or class of matters.
36. If any dispute arises as to the interpretation of these Regulations, the decision of the Authority shall be final and binding on all parties.
37. Nothing in the Regulations shall bar the Authority to deal with any matter or exercise any power under the Act or Rules for which no regulations have been framed, and the Authority may deal with such matters, powers and functions in a manner it thinks fit.
General power to amend/rectify
38. The Authority may, at any time and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceedings before it (including any clerical or arithmetical error in any order passed by the Authority), and all necessary amendments, rectifications shall be made for the purpose of determining the real question or issue arising in the proceedings.
Provided that if the Authority desires to make amendments or rectifications in order to determine the real question or issue arising the Authority shall provide an opportunity to the parties affected by such amendment or rectification touching the real question or issue to make representations and submissions with respect to the proposed amendment or rectification.
Power to remove difficulties
39. If any difficulty arises in giving effect to any of the provisions of the Regulations, the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act or Rules, which appears to be necessary or expedient for the purpose of removing the difficulties.
Extension or abridgement of time prescribed
40. Subject to the provisions of the Act or the Rules, the time prescribed by the Regulations or by order of the Authority for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by an order of the Authority.
Effect of non-compliance
41. Failure to comply with any requirement of the Regulations shall not invalidate any proceeding merely by reason of such failure unless the Authority is of the view that such failure has resulted in miscarriage of justice.
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