The Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018

The Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018

TAMIL NADU real estate regulatory authority, Chennai

Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018.
(Letter No. TNRERA/827/2017.)

Chennai, Wednesday , June 13, 2018/Vaikasi 30, Vilambi, Thiruvalluvar Aandu–2049

No. SRO C-13/2018.—In exercise of the powers conferred on it under sub-section (1) and clause (i) of sub-section (2) of Section 85 of the Real Estate (Regulation and Development) Act, 2016 (Central Act, 16 of 2016) and of all other powers enabling it in that behalf, the Tamil Nadu Real Estate Regulatory Authority hereby makes the following Regulations:-

CHAPTER-I
PRELIMINARY

1. Short Title, Commencement.- (a) These Regulations may be called the Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018

(b) These Regulations shall come into force on the date of their publication.

CHAPTER-II

2. Definitions.- In these regulations, unless there is anything repugnant to the subject or context :

(i) “Act” and “Rules” shall mean the Real Estate (Regulation and Development) Act, 2016 and the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017, as amended from time to time;

(ii) “Address for Service” shall mean the address furnished by a party or his/her authorized agent, or his/her legal practitioner, chartered accountant, company secretary, cost accountant at which service of summons, notices or other processes may be effected;

(iii) “Adjudication” means the process of arriving at decisions on complaints received by the Authority or the Adjudicating Officer under Section 31 of the Act and under Sections 12, 14, 18 and 19 of the Act;

(iv) “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section (1) of Section 71;

(v) “Application” means the full, correct and complete application made under Section 4 or under Section 9, as the case may be, submitted online and also in hard copy to the Authority with all the details and all the documents required to be submitted along with the prescribed charges and fees in compliance of the provisions of the Act, Rules and Regulations made thereunder;

(vi) “Authorized person” means a person authorized by the complainant or respondent or applicant to represent him/her before the Authority or the Adjudicating Officer and which term includes the persons as explained in the Section 56 of the Act;

(vii) “Authority” means the Tamil Nadu Real Estate Regulatory Authority;

(viii) “Chairperson” means the Chairperson of the Authority;

(ix) “Complaint” means a written statement made under Section 31 of the Act;

(x) “Complainant” means a person, who has filed complaint under Section 31 of the Act before the Authority or the Adjudicating Officer, as the case may be;

(xi) “Code” means the Code of Civil Procedure, 1908, as amended from time to time;

(xii) “Member” means a member of the Authority;

(xiii) “Proceedings” means and include proceedings of all nature that the Authority / Adjudicator may conduct in the discharge of its functions under the Act and the rules and regulations;

(xiv) “Officer” means an officer of the Authority;

(xv) “Rule” means the rules made under the Act;

(xvi) “Regulations” means the Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018 as amended from time to time;

Words and expressions not defined in this Regulations shall have the same meaning as assigned in the Act and the Rules.

3. Area of Jurisdiction.- Tamil Nadu Real Estate Regulatory Authority Regulations (General), 2018, is applicable to the State of Tamil Nadu covering both planning area and non planning area and also applicable to the Union Territory of Andaman & Nicobar Islands.

CHAPTER-III

4. Submission of application and fee for Registration.-(a) Every application under Section 4 and Section 9 of the Act shall be submitted online as well as in hard copy with all the details and documents to the Authority along with the prescribed charges & fees.

(b) The hard copy of the application along with all the details and documents should be submitted to Authority at least within a period of 7 days from the date of online submission of the application.

(c) The Authority shall scrutinize those applications filed for registration for projects or agents, as the case may be, and if it is found in order, registration certificate will be issued in the format prescribed within 30 days from the date of submission for registration of project or agent, as the case may be, as set out in Sub Rule (1) of Rule 6 and Sub-Rule 1 under Rule 12 respectively.

(d) If the application is incomplete, a letter / mail will be sent to the promoter or the Agent to furnish the required particulars within such time as the Authority prescribes.

Explanation: 30 days period shall exclude the period granted to the registrants for compliance, if any, in such incomplete applications as returned by the Authority.

(e) The Authority in exercising the powers under sub-section (1) of Section 7 and sub-section (7) of Section 9 of the Act read with the Rule 8 and 14 respectively to revoke the registration granted to a project or an agent, as the case may be, a notice shall be caused to the registrant giving 10 days time to furnish his explanation and calling him for enquiry and by granting a personal hearing before the Authority on the day as specified in the notice.

(f) The Authority in exercising the powers under Sub-Clause (b) Sub-Section (1) of Section 5 and Sub-Clause (b) of sub-section (3) of Section 9 of the Act to reject an application for registration, shall issue a notice to the registrant to furnish such explanation and / or call upon him/her to appear in person or through a representative for such enquiry before the Authority on the day specified in the Notice.

(g) If after the personal hearing, the Authority is still not satisfied with the information provided in the application, it shall reject such application (or) if after due notice for personal hearing has been given and if the party does not appear for these hearings consecutively for two hearings on the date specified in the notice, the Authority shall reject the application in default.

(h) If the promoter / agent continuously fails to take steps to register the project / agent as contemplated under Section 3 & 9 of the Act, even after rejection of application for registration of project / agent either in default or on merits, the Authority shall take action against the promoter / agent as provided under Section 59 & 62 of the Act.

(i) When registration is mandated by the Act in respect of projects or agent, the Authority is empowered to issue a show cause notice calling upon the promoter/agent to comply the same. Such show cause notice to the promoter/ agent shall be issued by the Authority by Registered Post/Courier service to the last known address of the promoter/ agent. If the notice is not served for want of specific address or any other particulars, if it is returned un-served, the Authority may issue for a second time and again the notice is not served, the Authority shall order for a publication in one vernacular daily in the region in which he is residing or his office is situated for appearance on a particular date and even after the publication, if the party does not appear on that date before the Authority, then the Authority may pass orders on merits of the case treating him as ex-parte.

5. Registration Charges.- The promoter or agent shall be required to pay the Authority registration charges at the rate as determined by general or special order of the Authority which is published on the website of the Authority from time to time for the following:

(i) Registration Fee:

Fee Structure (for Tamil Nadu)

1. Layouts – Rs/5/- per sq. m. of plottable area excluding EWS, Roads and OSR

2. Residential buildings –

a) Rs.10/- per sq. m. of FSI area for residential project in which dwelling unit size is less than 60 square meter;

b) Rs.20/- per sq. m. of FSI area for other residential projects;

3. Commercial buildings – Rs. 50/- per square meter of FSI area;

4. Any other projects – Rs.25/- per square meter of FSI area ;

Fee Structure (for Andaman & Nicobar Islands)

1. In case of group housing project – Rs.5/- sq.m. for projects where the area of land proposed to be developed does not exceed 1000 sq.m. or Rs.10/- per sq. m. for projects where the area of land proposed to be developed exceeds 1000 sq. m. but shall not be more than Rs.5 lakhs;

2. In case of mixed development (residential and commercial) project – Rs.10/- per sq.m. for projects where the area of land proposed to be developed does not exceed 1000 sq.m.; or Rs.15/- per sq.m. for projects where the area of land proposed to be developed exceeds 1000 sq. m., but shall not be more than Rs. 7 lakhs;

3. In case of commercial projects – Rs.20/- per sq.m. for projects where the area of land proposed to be developed does not exceed 1000 sq. m.; or Rs.25/- per sq. m. for projects where the area of land proposed to be developed exceeds 1000 sq.m., but shall not be more than Rs.10 lakhs;

4. In case of plotted development projects – (i) Rs.5/- per square meter, but shall not be more than Rs.2 lakhs;

(ii) Processing fee of 10% of the original registration fee for Renewal / Extension.

(iii) Fee for making any changes after registration, on application.

(iv) Fee for other matters as may be decided by the Authority by order from time to time.

(v) Deduction of processing fee of 10% on the registration fee or full registration fee whichever is more for withdrawal of the application by the applicant or return of the application for project/ real estate agent by the authority due to insufficient particulars submitted by the applicant / promoter. There will be no refund of any amount for withdrawal after registration.

6. Publication of Advertisements.- Promoter shall not publish any advertisements for projects in any media (including press, electronic media, pamphlets, banners, posters or publicity in any form) for booking of sale of units or for receipt of any advance sum from the allottee, unless the registration certificate has been issued by the Authority in this regard.

CHAPTER-IV
DISCLOSURES

7. Formats of Certificates of Architect, Engineer and Chartered Accountant.- (a) The certificates to be issued by the project architect, project engineer and chartered accountant in practice for withdrawal of money from the separate account maintained under Section 4(2) (1) (D) of the Act shall be in Form 1, 2 and 3 respectively.

(b) The certificate required to be issued by the Project Architect/Project Engineer on completion of each of the building/block of the real estate project shall be in Form 4 and in Form 5 for Layout and Sub-division.

(c) The promoter shall furnish a Certificate from the Bank on their letter head as per the prescribed format Form 6 under Section 4(2)(1)(D).

(d) The annual report on statement of accounts in Form 7, issued in accordance with the Proviso(D) to Section 4 (2) (1) of the Act (i.e.,) shall be certified and signed by the Statutory Auditor of the promoter’s enterprise.

(e) The promoter shall designate an architect, an engineer, a chartered accountant who issues certificates for the project to enable withdrawal of amounts from the separate account opened in compliance of the provisions under Section 4 (2) (1) (D) of the Act for the work completed and such designated architect, engineer and chartered accountant shall not be changed without prior concurrence of the Authority.

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 7 issued by the statutory auditor reveals that any certificate issued by the project architect, engineer or the chartered accountant has false or incorrect information, the amount collected for a particular project have not been utilized for the project and the withdrawal has not been complied with development of the project, the Authority shall, apart from taking action against the promoter under the Act and Rules, also bring the matter to the concerned respective regulatory body of the said architect, engineer or chartered accountant, for necessary penal action against them.

8. Additional disclosures by promoters on the website after registration.- (1) After registration of the project before the Authority, all the details of the proposed Real Estate Project, shall be uploaded by the promoter within 7 days from the date of registration, on the allotted webpage on the website of the Authority with further mandatory update once in every 3 months as required under sub-section (1) of Section 11 of the Act and Rule 17 (vi)(c) (d) of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.

(2) The promoter shall prominently display at the project site the sanctioned plans, layout plans, along with specifications, approved by the Competent Authority and RERA registration details.

(3) In all advertisement and publicity related to the projects in any print, electronic on social media (including press, electronic media, pamphlets, banners, posters or publicity in any form), shall bear the registration details of the project with the RERA, and if the project does not fall within the ambit of RERA as per Section 3 (2) that should also be indicated.

CHAPTER-V
Standard operating procedure

9. Procedure for dealing with complaints.- (1) Any aggrieved person may file a complaint with the Authority, under Section 31 of the Act read with Rule 37 save for any violation under the Act or the Rules and Regulations made thereunder as those provided to be adjudicated by the Adjudicating Officer, in Form M of Rule 37 (1) which shall be accompanied by a fee of Rs.1,000/- remitted online.

(2) The aggrieved person or persons shall submit three sets of complaints or sufficient copies required to be sent to the respondents along with supporting documents to the Authority by registered post or in person in office within 7 days from the date of filing on-line, in case of Tamil Nadu and 10 days in case of Andaman & Nicobar Islands.

(3) The complaint shall be presented either in person by the applicant himself or through an advocate as contemplated under Section 56 of the Act, and if through an advocate, necessary vakalat duly attested with enrollment number and with affixture of court fee stamp of Rs.10/- as well as Advocate Welfare Fund stamp of Rs.30/- as prescribed in the civil court procedure, as the case may be, shall be filed.

(4) An authorized representative other than advocate shall furnish an authorization in FORM–8 and such authorization shall contain the address of the representative with particulars of enrolment number or Registration Number, e-mail address or mobile number for proper communication.

(5) When a number of complaints are made to the Authority based on similar facts and seeking the same or similar relief against the same promoter in the same project, the Authority shall ordinarily club all such complaints and dispose them in common proceedings.

(6) The designated officer of the Authority may at any time call upon the party to produce such further materials as and when he is directed by the Authority in this regard.

(7) The complainant shall also pay the Authority a sum of Rs.600/- through online towards postage charges:

Bank: Indian Bank, CMDA Branch

Current Account No: 65430 57988

Name: Tamil Nadu Real Estate Regulatory Authority (TNRERA)

IFSC Code: IDIB000I010

CHAPTER-VI

10. Complaints before the Adjudicating Officer.- (1) Whereas, the Rule 38 of Tamil Nadu Real Estate (Regulation & Development) Rules, 2017 read with Section 31 of Real Estate (Regulation & Development) Act, 2016, prescribes the manner of filing complaints, for adjudging compensation under Section 12, 14, 18 and 19 of the Act, before the Adjudicating Officer and the manner of holding an enquiry.

Provided that those complaints which are numerous and based on similar facts and praying for same relief sought against the single promoter, all those complaints shall be clubbed and disposed in common proceedings.

(2) Any aggrieved person may file a complaint in the prescribed FORM–N with adequate copies to be served upon each respondent with the Adjudicating Officer for compensation under Section 12, 14, 18 and 19 of the Act read with the Rule 38 and Regulations made thereunder, save as those provided to be adjudicated by the Authority, which shall be accompanied by a fee of Rs.5,000/- remitted through online. The aggrieved person has to submit his application along with supporting documents by registered post or in person in office within 10 days from the date of filing on-line, in case of Tamil Nadu and 15 days in case of Andaman & Nicobar Islands.

(3) The application shall be presented either in person by the applicant himself or through an authorized representative as contemplated under Section 56 of the Act. Necessary vakalat or Memo of authorization duly attested with affixture of applicable court fee stamp as well as Advocate Welfare Fund stamp, as the case may be, on it shall be filed. And such authorization shall contain the address of the representative with particulars enrolment No. or Registration No., e-mail id, mobile no. etc. for proper communication. The original of such letter of authorization shall also be produced for verification at the time of filing for verification and return.

(4) The applicant shall also pay the Authority a sum of Rs. 600/- through online towards postage charges:

Bank: Indian Bank, CMDA Branch

Current Account No: 65430 57988

Name: Tamil Nadu Real Estate Regulatory Authority (TNRERA)

IFSC Code: IDIB000I010

CHAPTER-VII

11. Procedures before the Authority and Adjudicator.- In respect of all complaints before the Authority and the Adjudicating Officer, the procedures mentioned below in this Regulations No.12 to 17 upto chapter X shall be followed and adhered.

CHAPTER-VIII

12. Presentation, Scrutiny and Numbering.- (a) Pagination of the complaint filed before the Authority/Adjudicating Officer shall be in continuous manner beginning from the complaint along with annexures.

(b) Initialing alteration: Every interlineations, eraser or correction or deletion in any complaint or document shall be initialed by the party or his authorized representative.

(c) Every complainant is required to affix his or her signature shall state his or her name in capitals near his or her signature and initial or sign at the bottom of the each page.

13. Endorsement and Scrutiny.- (a) The person, in charge of the receipt of the complaint or any other documents, whenever any complaint is filed or any other documents is received, would immediately affix the seal of the authority with date. At the time of receipt of complaint, it is the duty of the concerned clerk to verify whether the requisite number of copies along with necessary index and on such receipt, the concerned clerk will sign on the first page in the main sheet as well as in the copies and assign Current No. for every complaint and pass it for scrutiny to the officer concerned.

(b) The scrutiny officer of the Authority shall, on receipt of the complaint from the Receiving branch, scrutinize the same as expeditiously as possible but not beyond 7 working days from the date of receipt.

Provided if, for any reason, the scrutiny is not completed within the above period, the same shall be immediately reported
to the designated officer, who shall take prompt steps to complete the scrutiny and or extend the time.

(c) On scrutiny of the complaint, if it is found to be defective or incorrect in conformity with the provisions of the Act or Rule or Regulations thereunder, the Authority will return the paper for compliance in the proper form granting 15 days time for the complaints made in Tamil Nadu and 20 days for the complaints made in Andaman & Nicobar Islands or such time as the Authority prescribes. If the complaint is not duly represented with all compliance within the time granted, it may be treated as a complaint not in conformity and shall be posted before the Authority or the Adjudicating Officer as the case may be for dismissal for default.

In such event, the complaint fee shall be forfeited. There shall be no bar for the complainant for filing afresh one after complying the requirements only within a period of 90 days from the date of such dismissal.

(d) Complaint fee paid through online with the complaint shall be entered immediately on the receipt in the Register and the same should be initialed by the cashier or Accounts Officer and the Section Officer on every day. The official in charge of Cash Section and Section Officer shall after verifying the entries in the prescribed Register along with D. Ds. put their initials in the relevant columns in the said Register as token of acknowledgement.

(e) Court fee stamps affixed in the vakalat or Memorandum of Authorisation shall be checked and after cancellation of the same with the seal of the Authority shall be accounted in the Court Fee Register.

14. Registration and Numbering.- (a) Every complaint filed under Section 31 of the Act and under Rule 37 after checking and scrutiny shall be numbered as Complaint No. and registered in the appropriate register maintained in this behalf.

(b) Every complaint filed under Section 31 of the Act read with Section 12, 14, 18 and 19 of the Act and under Rule 38 after checking and scrutiny shall be numbered as Compensation Claim Petition No. (CCP. No.) and registered in the appropriate register maintained in that behalf.

(c) Interlocutory Application filed along with the Complaint instituted or thereafter shall be numbered separately as I.A.No.

CHAPTER-IX

15. Notice and Service.- (a) The Authority / the Adjudicating Officer shall issue Notice in Form–9 to the respondent along with one copy of the complaint by giving 15 days time in case of Tamil Nadu and 20 days in case of Andaman & Nicobar Islands or such time as the Authority/the Adjudicating Officer prescribes for proper explanation under intimation to the complainant which serves as an acknowledgement. On receipt of the Notice, the respondent should file the reply on or before the prescribed time limit with a copy delivered to the complainant. On receipt of the proper explanation from the respondent, the Authority/the Adjudicating Officer will take up the hearing wherein both the complainant and the respondent will be called for. The Authority/the Adjudicating officer will also take into consideration the plea of contest or not in that hearing and accordingly decide the matter granting time for enquiry.

If the matter is settled amicably between the parties, the complainant and the respondent shall file a joint memo of settlement with clear terms, on the basis of such terms the Authority / the Adjudicating Officer shall record the same and dispose the complaint. In failure of arriving compromise between the parties, enquiry shall be proceeded as per the provisions of the Act, Rules and Regulations.

(b) If any person fails, neglects or refuses to appear in person or through his authorized representative as directed by the Authority/the Adjudicating Officer, the Authority/the Adjudicating Officer shall have the power to proceed with the enquiry in the absence of such person or persons after recording the reasons for doing so and appropriate decision will be taken by the Authority on the basis of available documents and evidence on record.

16. Service of Process.- (1) Issue of notice: When a notice of complaint or interlocutory application issued by the Authority/the Adjudicating Officer, copies of the same and other supporting documents filed therewith, if any, shall be served on the other side and with acknowledgement.

(2) Whenever notice is ordered by private service, the complainant unless already served on the other side in advance, shall arrange to serve the copy of complaint and other documents by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing.

(3) Steps for issue fresh notice: If any notice is returned unserved in the circumstances not specified in the Rule or Regulations, that fact and the reason thereof shall be notified immediately on the notice board of the Authority and also in the website of the Authority. The complainant or his authorized representative shall within seven days from the date of such notification take steps to serve the notice afresh.

(4) Consequence of failure to take steps for issue of fresh notice: Where, after a notice has been issued to the other
side, and returned unserved, and the complainant fails to take necessary steps within a period as ordered by the Authority/the Adjudicating Officer from the date of return of the notice on the respondent(s), the case shall be posted for dismissal for non prosecution.

(5) The Authority/the Adjudicating Officer shall take steps to serve notice to respondents by post as per the address given
in the complaint on payment made by the complainant. If the notice sent by the Authority/ the Adjudicator is not served for any defect in the address or any other reason for more than two occasions, then the complainant shall be directed by the Authority/the Adjudicator to take substituted service while making a publication in a vernacular daily in the place of address of the respondent of the site or registered office or residence at his cost.

(6) Appearance of parties: The party who has engaged a legal practitioner or any other authorized representative to appear for him before the Authority/the Adjudicating Officer shall not be entitled to be heard in person unless permitted by the Authority.

(7) Parties appearing before the Authority shall be properly dressed; and in case of Advocates with collar and Advocate Coat.

CHAPTER-X

17. Examination of Witness and Issue of Commissions.- (1) The Authority/the Adjudicating Officer may permit examination of witnesses only when it is deemed fit by the Authority/the Adjudicating Officer and the summary procedure as provided in the Civil Procedure Code shall be followed.

(2) Numbering of Witnesses: The witness called by the complainant shall be numbered consecutively as CWs and those by the respondent as RWs.

(3) Marking of documents: The documents when produced shall be marked as follows:

(i) if relied upon by the complainant’s side, they shall be numbered as “A” series;

(ii) if relied upon by the respondent’s side , they shall be numbered as “B” series;

(iii) any documents produced by the third party on summon by the Authority or any expert evidence or documents produced at the request of the Authority or any Government documents / commission documents shall be marked “X” series;

(4) For the purpose of commission of examination of witnesses, any documents required from the Authority, a copy of such documents shall be provided to the commission by the Authority.

CHAPTER-XI

18. Authority’s Office, office hours and sittings and Language.- (a) The Office of the Authority shall be situated at Chennai or such places as the Authority may decide from time to time. The Authority may, by order, establish benches and its offices at other places within its jurisdiction as defined in Regulation 3.

(b) The Authority shall follow the office timings and holidays as notified by the State Government in the Tamil Nadu Government Gazette.

(c) The Authority may conduct its proceedings at the head office or at any other place within its jurisdiction as defined in Regulation 3 on any working days and time as directed by the Chairperson.

19. Language of the Authority.- (a) The proceedings of the Authority shall be conducted in English, provided the Authority shall also allow any person to plead or represent his case in Tamil (in Tamil Nadu) or in Hindi (in Andaman & Nicobar Islands).

(b) The Authority at its own discretion, may accept complaint or petition made in Tamil (in Tamil Nadu) or in Hindi (in Andaman & Nicobar Islands).

(c) The Authority, at its sole discretion, may accept complaint or petitions made in any language other than in Tamil or English, provided the same is to be accompanied by a translation thereof in English attested by a Notary.

(d) Any Translation which is agreed to, by the parties to the proceedings or which any of the parties furnish, may be accepted by the Authority as a true translation.

20. Seal of the Authority.- Any document requiring authentication by the Authority shall be issued under the seal of the Authority, and shall be signed by the Officer authorized by the Chairperson in this behalf.

CHAPTER-XII

21. Meetings of the Authority.- (1) Chairperson shall preside over the meetings and conduct the business.

(2) If the Chairperson for any reason is unable to attend a meeting of the Authority, any other member chosen by the Members present amongst themselves at the meeting, shall preside over the meeting.

(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote.

Explanation: As far as the complaints filed under Section 31 of the Act are concerned, the same shall be proceeded with the provision of Rule 37 and 38 read with regulations thereunder.

(4) With the permission of the Chairperson or other Member presiding over the meeting, as the case may be, urgent questions may be added to the agenda at any time before the conclusion of the meeting, or any item on the agenda may be deleted or carried over to a subsequent meeting.

(5) The meeting hours shall normally be within the office hours of the Authority unless the Chairperson decides to extend the same in a particular case, on grounds of urgency.

(6) The Chairperson for the meeting of the Authority may, if he considered necessary, also invite any expert, qualified in the matter to be discussed at any meeting, to attend any meeting of the Authority, with a view to facilitate meaningful discussion and such expert may participate any proceedings of the meeting; but shall have no right to vote. Every expert invited to attend any meeting of the Authority other than the Members, Officers or employees of the Authority, shall be entitled to a payment for each meeting of the Authority attended by him as prescribed by the Authority from time to time.

(7) (a) Any member, who has a direct or indirect pecuniary or other interest in any matter including those relating to immediate family, coming up for consideration in meeting of the Authority and he /she shall not take any part in any deliberation or decision of the Authority, with respect of that matter.

(b) For the purpose of this regulation, immediate family shall include wife or husband or son or daughter (whether biological or adopted), parents, brothers or sisters or any person related to any of them by blood or marriage, whether they are dependent on the such member or not.

(8) Any member who is found in violation to the principles laid out in sub-regulation (7) shall be liable to necessary action
as per the provisions of the Act and Rules made thereunder.

(9) The authority may from time to time appoint such committees or sub-committees consisting of such members and
other employees or officers or outside expert in that field as it deems fit, to advise the authority on such matters as may be
prescribed or specified and subject to such directions as the authority may give.

(10) If any doubt arises as to the interpretation of these regulation, the decision of the Authority shall be final and binding
on all concerned.

(11) (a) 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.

(b) The decision taken in a meeting of the Authority shall be recorded in the minutes book 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 recorded minutes of the meeting will be duly signed by all the Members present.

22. Orders of the Authority.- (1) The decision arrived at the Authority Meeting shall be duly signed by all the members present and copy of the same shall be made available to the applicant.

(2) All orders and decisions shall be certified by 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 from the date of passing thereof to all parties in the proceeding.

(3) 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.

(4) The Authority may, at any time, direct anyone 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.

23. Collection of Information.- (a) 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 Rule.

(b) If any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.

(c) The Authority may direct such incidental, consequential and supplemental matters to be attended to which may be considered relevant in connection with the above.

(d) If the report or information obtained in accordance with Regulation 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.

24. Confidentiality.- (a) The Authority shall appraise and determine whether any documents 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.

(d) The Authority may direct any person either to appear to give evidence or to produce any documents or books of accounts and such documents or evidences produced may be ordered to be kept in the safe custody of any one of the officers of the Authority.

CHAPTER-XIII

25. Maintenance of Registers.- The following Registers shall be maintained and posted on a day to day basis by the officer authorised may, subject to any order of the Chairperson, direct:

(a) Register of Complaint: A complaint Register shall be kept by an officer authorized and it shall be written legibly. The register in the main file shall contain a concise history of the complaint, the substance of the orders passed thereon and in execution proceedings and it shall contain a complete record of all proceedings in execution of order or direction or rule and shall be checked by the Section Officer and initialed once in a fortnight;

(b) Register of Interlocutory Application;

(c) Register of unnumbered Complaint;

(d) Register of Execution Petition;

CHAPTER XIV

26. Records of the Authority.- (1) Arrangement of Records: The records of complaint shall be divided into the following four parts and shall collated and maintained:-

(a) Main file (Complaint);

(b) Interlocutory Application file;

(c) Process file; and

(d) Execution file;

(2) Contents of main file: The main file shall be kept in the following order and it shall be maintained as permanent record till ordered to be destroyed under the Regulations:-

(a) Index;

(b) Complaint Copy;

(c) Counter or reply or objection, if any;

(d) Documentary evidence;

(e) Oral evidence or proof of affidavit, Evidence taken; and

(f) Written arguments;

(3) Contents of process file: The process file shall contain the following items, namely:-

(a) Index;

(b) V akalat or power of attorney or authorization letter;

(c) Summons and other processes and affidavits relating thereof;

(d) Applications for summoning witness;

(e) Letters calling records; and

(f) All other miscellaneous papers such as postal acknowledgements;

(4) Execution file: The execution file shall contain the following items, namely:-

(a) Index;

(b) Copy of Minute Book wherein order or direction passed or decision taken;

(c) Execution application;

(d) All processes and other papers connected with such execution proceedings;

(e) Transmission of order to civil court, if ordered; and

(f) Result of execution;

(5) File for interlocutory applications: For all interlocutory applications connected to an complaint there may be only one file with a title page prefixed to it and immediately after the title page, the diary, the interlocutory applications, supporting affidavit, the order sheet and all other documents shall be filed.

(6) Loss of record: Whenever, it is discovered that a record or portion of a record or a document on the file of a record is missing, the loss shall be immediately reported in writing to the designated officer and he in turn shall report it to the Chairperson.

(7) Destruction of record: (a) One copy of the entire registration file including note file and documents pertaining to the registration of projects shall be kept as permanent record. The other copies of the same registration file shall be destroyed after a period of 6 years from the date of registration.

(b) Record of the Authority, except permanent record, shall be ordered to be destroyed by the designated officer after six years from the final conclusion of the proceedings and if any appeal is filed under section 44 of the Act, the same shall be destroyed after 2 years from the date of disposal of the appeal.

(c) The destruction of such record shall be effected by tearing, so as to render it unlikely that the document so tearing may be used against or destroying with the help of paper shredding machine.

(d) Entry regarding destruction: Entries regarding destruction shall be made in the relevant columns of the register in Form No.

Explanation: For the purpose of Regulation 25 under Chapter XIII of the Regulations, permanent record shall include order, complaint register, interlocutory application register and such other record, as may be ordered to be included by the Chairperson.

CHAPTER XV

27. Inspection of Record.- (1) Inspection of the Records: (a) The parties to any complaint or their legal representative may be allowed to inspect the record of the case by making an application in Form-10 in writing to the designated officer and a fee prescribed therein and the application shall be presented between 10.30 A.M. and 3.00 P.M. on any working day and two days before the date on which inspection is sought, unless and otherwise permitted by the designated officer.

(2) Subject to such terms and conditions as may be prescribed by the Chairperson by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining permission in writing.

Provided that the inspection of records of a pending or decided case before the Authority shall be allowed only on the order of the Authority.

(3) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the proceeding day.

(4) The fee prescribed shall be payable through online to the Tamil Nadu Real Estate Regulatory Authority at Chennai.

(5) On grant of permission for inspection of records, the Section Officer or any other officer authorized shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the designated officer between 10.30 A.M. and 12.30 P.M. and between 2.30 P.M and 4.30 P.M. in the presence of him or any officer authorized.

(6) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering to the records in the course of inspection.

(7) The person inspecting the records shall not make any marking on any record or paper so inspected and taking notes, if any, of the documents or records. No electronic gadgets are allowed inside the record room. In the court hall or in any hearing before the Authority or the Adjudicating Officer, no cellphone or any other electronic gadget can be used or operated.

(8) The person supervising the inspection, may at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these regulations and shall immediately make a report about the matter to the designated officer and seek further orders from the designated officer and such notes shall be made in relevant column of the Inspection Register.

(9) The designated officer shall cause to maintain a Register of Records for the purpose of inspection of documents or records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection.

(10) The Authority shall endeavour to make information involving public interest accessible and available to the public, including, inter alia, through its website.

CHAPTER-XVI

28. Discovery, Production and Return of Documents.- (1) Summoning, discovery and production of documents shall be regulated by Section of 35 (2) of the Act and proviso (a) and (b) of sub rule (1) of Rule 25 of Tamil Nadu Real Estate Regulatory Authority (Regulation & Development) Rules, 2017 read with Rule 64 of Civil Rules of Practice as amended from time to time.

(2) Suo motu summoning of documents: Notwithstanding anything contained in these rules, the Authority may, suo motu, issue summons/notices for production of documents or other documents in the custody of any court or public officer or any other party.

(3) Return of documents: (a) An application for return of the documents produced shall be numbered. Such application shall be filed with a notice to the parties who produced the documents. No such application shall be entertained after the destruction of the records.

(4) The Authority may, at any time, direct return of documents produced subject to such conditions as it deems fit.

CHAPTER-XVII

29. Certified Copies of Order.- (1) The authority shall, on such terms and conditions as the Authority considers appropriate, provide for supply of certified copies of documents and papers available with the Authority to any person, applying in prescribed Form (FORM-10), by making cash payment of fee of Rs.100/- per copy of the order containing up to a maximum of 10 pages. If the pages exceed ten, then for every extra page per copy, a sum of Rs.2/- shall be paid. Payment shall be made at the cash counter of TNRERA.

(2) The parties to the proceedings are entitled to get one free copy of the order from the Authority / Adjudicating Officer either by post or person. Additional copies if required by the parties to the proceedings shall be provided on payment of fee as stipulated supra.

(3) 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 as expeditiously as possible within a period of 30 working days from the date of receipt of request.

CHAPTER-XVIII

30. General Power to Amend / Rectify.- The Authority may, at any time and on such terms as to costs or otherwise, as it may think fit, remove any defect or error apparent on the facts of the record in any proceedings before it (including any clerical or arithmetical error in any order passed by the Authority), only on an application filed by any one of the aggrieved party within 60 days from the date of the order. The Authority shall not pass any order on the said application if entertained without giving notice to others.

CHAPTER-XIX

31. Power to Remove Difficulties.- 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 made thereunder, which appears to be necessary or expedient for the purpose of removing the difficulties.

CHAPTER XX

32. Saving of Inherent Power of the Authority.- 1. 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.

2. 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.

3. 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.

33. Continuance of Proceedings after Death, etc.,.- (a) Where in a proceeding, any of the parties to the proceeding dies, the proceeding shall be continued and adjudicated with other partners or successors-in-interest in case of individual, as in the case of an insolvent, the official receiver or assignee, as in the case of a company under liquidation/winding up, the proceeding shall continue with, the executor, administrator, liquidator or other legal representative of the party concerned, as the case may be.

(b) In case of death of any parties to the proceedings, the application for bringing up the successors-in–interest shall be filed within 45 days if not filed within 45 days, the application shall be treated as abated.

34. Extension or Abridgement of time prescribed.- 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 subject to the provisions of the Act or the Rules.

35. Costs.- 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.

36. Administrative Charges and Standard Fees.-The Authority may, by order, fix standard 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.

S.KRISHNAN,
Principal Secretary to Government
Housing and Urban Development Department.


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