Uttarakhand Real Estate (Regulation and Development) (General) Rules, 2017

Uttarakhand Real Estate (Regulation and Development) (General) Rules, 2017

Uttarakhand shashan
Awas Anubhag-2
No- 481 V-2-2017-79(Awas)/2016 T.C.

Dehradun, Dated 28 April, 2017

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

Chapter-I Preliminary

Short title and Commencement

1. (1)These rules may be called the ‘Uttarakhand Real Estate (Regulation and Development) (General) Rules, 2017.

(2) It shall come into force with effect from the date of notification.

Definitions

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

(a) “Act” means the Real Estate (Regulation and Development) Act, 2017;

(b) “Annexure” means an annexure appended to these rules;

(c) “authenticated copy” shall mean a self-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) “appropriate Government” means the State Government of Uttarakhand;

(f) “layout plan” means a plan of the project depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(g) “project land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;

(h) “section” means a section of the Act; and

(2) Words and expressions used herein and not defined, but defined in the Act, shall have the same meaning respectively assigned to them in the Act.

Chapter-II Real Estate Project

Information and documents to be furnished by the promoter for registration of project

3. (1) The promoter shall furnish the following additional information and documents, along with those specified under the relevant sections 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) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for immediately three preceding financial years;

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

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

(e) the details of encumbrances on the land on which development is proposed including any rights, title, interest, dues, litigation and name of party in or over such land or non encumbrance certificate through an Advocate having experience of at least ten years;

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

(g) name, photograph, contact details and address of the promoter if it is an individual and the name, photograph, contact details and address of the Chairman, Partners, Directors, as the case may be, and the authorized person incase of other entities.

(2) The application to the Authority for registration of real estate project shall be made in writing in Form ‘A’, in triplicate, until the procedure is made web based for filing of such application.

(3) The promoter shall pay a registration fee at the time of application for registration by way of a demand draft or a Bankers cheque drawn on any scheduled bank or through online payment mode, as the case may be, for a sum calculated at the rate of:-

(a) in case of Group Housing Project – ten rupees per square meter for projects where the area of land proposed to be developed does not exceed one thousand square meters; or rupees ten per square meter for projects where the area of land proposed to be developed exceeds one thousand square meters; but shall not be more than five lacks rupees;

(b) in case of mixed development (residential, commercial and industrial and the like project) fifteen rupees per square meter for projects where the area of land proposed to be developed does not exceed one thousand square meter or fifteen rupees per square meter for projects, where the area of land proposed to be developed exceeds one thousand square meters; but shall not be more than seven lacks rupees;

(c) in case of commercial projects, twenty rupees per square meter for projects where the area of land proposed to be developed does not exceed one thousand square meters, or twenty five rupees per square meter for projects where the area of land proposed to be developed exceeds one thousand square meters, but shall not be more than ten lakhs rupees;

(d) in case of plotted development of residential, commercial, industrial and the like uses projects, five rupees per square meter, but shall not be more than two lakhs rupees.

(4) The declaration to be submitted under clause (l) of sub-section (2) of section 4 of the Act, shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.

Additional Disclosure by promoters of going projects

4. (1) Upon the notification for commencement of sub-section (1) of section 3, promoters of an ongoing project which has not received completion certificate shall, within the time specified in the said subsection, make an application to the Authority as 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 competition certificate, on the date of commencement of the Act, the promoter shall, within a period of three months of the application for registration of the project with the Authority, deposit in the separate bank account, seventy percent of the amounts already realized from the allottees, which have not been utilized for construction for construction of the project or the land cost for the project as required under sub-clause (d) of clause (1) of sub section (2) of Section 4, which shall be used for the purposes specified therein.

Grant or rejection of registration of the project

5 (1) Upon the registration of a project as per section 5 read with Rule 3 and Rule 4, as the case may be, the Authority shall issue a registration certificate with a registration number in Form ‘C’ to the promoter.

(2) In case of rejection of the application as per section 5 the Authority shall inform the applicant in Form ‘D’;

Provided that the authority may grant an opportunity to the applicant to rectify the defects in the application within one month form the date of order.

Extension of registration of the project.

6 (1) The registration granted under the Act, may be extended by the authority, on an application made by the promoter in Form ‘E’ in triplicate, until the application procedure is made web based, within three months prior to the expiry of the registration granted.

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

Provided that where the promoter 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 ‘F’ and in case of rejection of the application for extension of registration, the Authority shall inform the promoter about such rejection in Form ‘D’; Provided that the authority may grant an opportunity to the promoter to rectify the defects in the application within such time period as may b specified by it.

Revocation of Registration of the project.

7. Upon the revocation of registration of a project as per section 7, the Authority shall inform the promoter about such revocation as per Form ‘D’.

Chapter-III Real Estate Agent

Application for Registration by the real estate agent

8 (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 as per Form ‘G’ in triplicate, until the application procedure is made web based, along with the following documents, namely:-

(a) the brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.);

(b) the particulars of registration (whether proprietorship, societies, partnership, companies etc.) including the bye-laws, Memorandum of Association, Articles of Association etc. as the case may be;

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

(d) the authenticated copy of the PAN card of the Real Estate Agent;

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

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

Grant of Registration to the real estate agent

9 (1) On receipt of the application under Rule 8, the Authority shall within a period of thirty days either grant registration to the real estate agent or reject the application as, the same may be;

Provided that the authority may grant an opportunity to the real estate agent to rectify the defects in the application within one month from the date of order ;

(2) Upon the registration of a real estate agent, the Authority shall issue Registration Certificate with a Registration Number in Form ‘H’ to the real estate agent;

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

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

Renewal of registration of real estate agent

10 (1) The registration granted to a real estate agent under the Act, may be renewed, on an application made by the real estate agent in Form ‘J’ in triplicate, until the application procedure is made web based, which shall not be less than three months prior to the expiry of the registration granted.

(2) The application for renewal of registration shall be accompanied with a demand draft or a bankers cheque drawn on any scheduled bank or through online payment, as the case may be, for a sum of five thousand rupees in case of the real estate agent being an individual or fifty thousand rupees in case of the real estate agent other than an individual.

(3) The real estate agent shall also submit all the updated documents set out in clauses (a) to (e) of sub rule (1) of Rule 8 at the time of application for renewal.

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

Provided that no application for renewal of registration shall be rejected unless the applicant has been given an opportunity of being heard in the matter;

Provided further that the Authority my grant an opportunity to the real estate agent to rectify the defects in the application within one month from the date of order.

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

Revocation of Registration of real estate agent

11. 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 as per Form ‘I’.

Maintenance and preservation of books of accounts, records and documents

12. The real estate agent shall maintain and preserve books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961. (as amended from time to time)

Other functions of a real estate agent

13. The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfill 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

Details to be published on the website

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

(B) background of promoter – work experience of the promoter and in case of a newly incorporated or registered entity work experience of the Chairman, directors, partners, as the case may be and that of authorized persons of the parent entity.

(C) name, address, contact details and photograph of the promoter in case of an individual and the name, address, contact details and photograph of the Chairman, Directors, Partners and that of the authorized persons in case of other than individual, as the case may be;

(ii) Track record of the promoter:

(A) number of years of experience of the promoter or parent entity, as the case may be, in real estate development in the State of Uttarakhand/other States or Union Territories;

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

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

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

(E) details and profile of ongoing and completed projects for the last 5 years as provided under clause (b) of sub-section (2) of section 4.

(iii) Litigations: Details of litigation in the past five years in relation to the real estate projects developed or being developed by the promoter;

(iv) Website:

(A) web link of the promoter or the parent entity, as the case may be,

(B) web link of the project.

(b) Details of the real estate project including the following, namely –

(ii) Compliance and registration :

(A) authenticated copy of the approvals and commencement certificate from the competent authority as provided under clause (c) of sub-section (2) of section 4;

(B) the sanctioned plan, layout plan and specifications of the project or the phase thereof, and the whole project as sanctioned by the competent authority as provided under clause (d) of sub-section (2) of section 4;

(C) details of the registration granted by the Authority under the Act;

(iii) Apartment, plot and garage related details:

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

(B) Details of the number and areas of garage for sale in the project ;

(C) Details of the number of open parking areas and covered area available in the real estate project.

(iv) Registered Agents: Names and addresses of real estate agents for the project;

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

(A) Name and address of the person;

(B) Names of promoters;

(C) Year of establishment;

(D) Names and profile of key projects completed;

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

(vii) Development Plan:

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

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

(C) Gantt (Horizontal) Charts and Project schedule: – the plan of development works to be executed in the project and the details of the proposed facilities to be provided thereof and the time lines to achieve the same;

(D) the stage wise time schedule of completion of the project including the provisions for civic infrastructure like water, sanitation and electricity etc.

(c) Financial details of the promoter:

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

(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 auditor’s report of the promoter for the immediately three preceding financial years and incase of a newly incorporated or registered entity such information shall be disclosed for the parent entity.

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

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

(ii) List of number of garages booked;

(iii) Status 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) Approval 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 clubhouse, amenities and common areas;

(E) Any other permission, approval, or licence that may be required under applicable law including fire no-objection certificate, permission from water and sewerage department etc.

(F) Authenticated copy of occupancy certificate and completion certificate including its application.

(ii) Legal Documents –

(A) Details including the proforma of the application form, allotment letter, agreement for sale and the conveyance deed;

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

(C) Land Title Search Report from an advocate having experience of at least ten years;

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

(E) where the promoter is not the owner of the land on which development is proposed, details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the 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 of charge, if any, created on the land and the project;

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

(2) The Authority shall maintain a data base. And ensure that the information specified therein shall be made available on its website in respect of each project revoked or penalized, as the case may be.

(3) The authority shall ensure that the following information shall be made available on its website in respect of each real estate agent registered with it or whose application for registration has been rejected or revoked, namely ;

(a) For real estate agents registered with the Authority ;

(i) registration number and the period of validity of the registration of the real estate agent with the authority;

(ii) brief details of his enterprise including its name, registered address, type of enterprise (whether proprietorship, societies, partnership, companies etc.);

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

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

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

(vi) authenticated copy of the address proof or the place 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 proprietorship, societies, partnership, companies etc.);

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

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

(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 backup is updated on the last day of each month.

Chapter-V Rate of Interest payable by Promoter and Allottee and timelines for Refund

Rate of interest payable by the promoter and the allottee

15. 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 percent.

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 rate which the State Bank of India may fix from time to time for lending to the general public.

Timelines for refund

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

Chapter-VI Real Estate Authority

Manner of selection of chairperson and members of the Authority

17 (1) The Regulatory Authority shall consist of a Chairperson and three whole time members to be appointed by the appropriate Government. As and when vacancies of Chairperson or a Member in the Authority exist or arise, or are likely to arise, the appropriate Government may make a reference to the Selection Committee in respect of the vacancies to be filled.

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

(3) The Selection Committee shall select three persons for each vacancy and recommend the same to the appropriate Government.

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

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

Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Authority

18 (1) The salaries and allowances payable to the Chairperson and Members of the Authority shall be as follows:

(a) The Chairperson shall be paid a consolidated monthly salary of two lakh fifty thousand rupees and shall not be entitled to any allowance relating to house and vehicle;

(b) The Member shall be paid a consolidated monthly salary of two lakh rupees and shall not be entitled to any allowance relating to house and vehicle;

(2) The Chairperson and other Member shall be entitled to thirty days of earned leave for every completed year of service.

(3) The other allowances and conditions of service of the Chairperson and the Members shall be such as may be determined by the appropriate government from time to time.

Administrative powers of the Chairperson of the Authority

19 (1) The Chairperson of the Authority shall exercise the administrative powers in respect of –

(a) matters pertaining to staff strength, wages and salaries structures, emoluments, perquisites and personnel policies;

(b) matters pertaining to creation and abolition of posts;

(c) matters pertaining to appointments, promotions and confirmation for all posts;

(d) acceptance of resignations by any Member, officer or employee;

(e) officiating against sanctioned posts;

(f) authorization of tours to be undertaken by any Member, officer or employee of the authority within and outside India;

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

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

(i) permission for hiring of vehicles for official use;

(j) nominations for attending seminars, conferences and training courses in India or abroad ;

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

(l) matters pertaining to staff welfare expenses;

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

(n) matters relating to disciplinary action against any Member, officer or employee 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.

Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Authority

20 (1) The conditions of service of the officers and employees of the Authority and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the appropriate Government and drawing the corresponding scales of pay;

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

Functioning of the Authority

21. (1) The Government may appoint two suitable persons respectively as the Secretary who shall be not less than the rank of a Additional Secretary to the Government and the Chief Account Officer/ Finance Controller of the authority. They shall exercise such powers and perform such duties as may be prescribed by regulation or delegated to them by the authority. The office of the Authority shall be located at such place as may be determined by the appropriate Government by notification.

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

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

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

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

Additional powers of the Authority

22 (1) In addition to the powers specified in Clause (iv) of subsection (2) of section 35, the Authority shall exercise the following additional powers:

(a) require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary;

(b) requisitioning, subject to the provisions of sections 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 or engineering or from any other discipline as it deems necessary, to assist the Authority in the conduct of any inquiry or proceedings before it.

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

(a) withdrawn the said amounts from the account maintained as provided under sub-clause (d) of clause (l) of sub-section (2) of section 4; or

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

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

Recovery of interest, penalty and compensation

23 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 applicable local laws.

Chapter-VII Central Advisory Council

Recommendation of the Central Advisory Council

24 (1) Central Advisory Council shall, at such intervals as it may deem necessary, make recommendation on the matters set out in sub-section (1) of section 42 of the Act.

(2) The Central Advisory Council shall prepare draft recommendation and invite comments on the same from stakeholders, experts, civil society etc.

(3) Upon receipt of comments on the draft recommendation as per sub-rule (2), the Central Advisory Council shall finalize its recommendation after incorporating such comments as it may deem appropriate and refer the same to the Central Government, who shall have the authority-

(a) to accept such recommendation in entirety;

(b) to accept such recommendation with such amendments as it may deem fit and proper;

(c) to refer back such recommendation to the Central Advisory Council with its comments for consideration;

(d) to reject such recommendation.

(4) Pursuant to acceptance of the recommendations or part thereof the Central Government may share the recommendation of the Central Advisory Council with the appropriate Government of States and Union Territories with Legislature for further necessary action to give effect to the said recommendation.

Chapter-VIII Real Estate Appellate Tribunal

Appeal and the fees payable

25 (1) Every appeal filed under sub-section (1) of section 44 shall be accompanied by a fee of five thousand rupees in the form of a demand draft drawn on a nationalized bank in favour of the Appellate Tribunal and payable at the branch of that Bank at the station where the seat of the said Appellate Tribunal is situated or through online payment, as the case may be.

(2) Every appeal shall be filed in Form ‘L’ in triplicate, until the application procedure is made web based, along with the following documents:

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

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

(c) An index of the documents.

(3) Every appeal shall be either filed at 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 authorized person as provided under Section 56, a copy of the authorization to act as such and the written consent thereto by such authorized person, both in original, shall be appended to the appeal.

(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 authorized person, as the case may be, fails to appear before the Appellate Tribunal on such days, the Appellate Tribunal may in its discretion either dismiss the appeal for default or decide it on merits and where the opposite party or his authorized person fails to appear on the date of hearing, the Appellate Tribunal may decide the appeal ex-parte.

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

Selection of members of the Appellate Tribunal

26 (1) As and when vacancies of a Member in the Appellate Tribunal exist or arise, or are likely to arise, the appropriate Government may make a reference to the Selection Committee in respect of the vacancies to be filled.

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

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

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

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

Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal

27 (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 salary drawn at the maximum of the scale of pay of Principal Secretary to the State.

Provided that any person who has held a post with the Government, senior than that of Principal Secretary to the State Government, prior to becoming a Member, he shall be paid a monthly salary corresponding to the post at which he retired.

(2) The Chairperson and every other Member shall be entitled to thirty days of earned leave for every completed year of service.

(3) The other allowances and conditions of service of the Chairperson and the other Member shall be such as may be determined by the appropriate Government from time to time.

Inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal

28 (1) The appropriate Government shall on the occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of section 26 in case of a Chairperson or Member of the 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 appropriate Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before Chief Justice of the High Court to appoint a sitting or retired Judge of the High Court.

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

(a) the statement 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 the authority or Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Chairperson or Member of the Appellate Tribunal.

(6) After the conclusion of the investigation, the Judge shall submit his report to the appropriate Government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit.

(7) After receipt of the report under sub- rule (6), the appropriate Government shall in consultation with the Chief Justice of the High Court decide to either remove or not to remove the Chairperson or Member of the Authority or Appellate Tribunal, as the case may be.

Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal

29 (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, applicable to officers and employees of the appropriate Government and drawing the corresponding scales of pay;

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

Additional powers of the Appellate Tribunal

30 (1) In addition to the powers specified in clause (g) of sub–section (4) of Section 53, the Appellate Tribunal shall exercise the following additional powers :-

(a) require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary;

(b) requisitioning, subject to the provisions of sections 123 and 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 Authority may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.

Administrative powers of the Chairperson of the Appellate Tribunal

31 (1) The Chairperson of the Appellate Tribunal shall exercise the administrative powers in respect of –

(a) matters pertaining to staff strength, wages and salaries structures, emoluments, perquisites and personnel policies;

(b) matters pertaining to creation and abolition of posts;

(c) matters pertaining to appointments, promotions and confirmation for all posts;

(d) acceptance of resignations by any Member, officer or employee;

(e) officiating against sanctioned posts;

(f) authorization of tours to be undertaken by any Member, officer or employee within and outside India;

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

(h) matters in relation to grant or rejection of leaves.

(i) permission for hiring of vehicles for official use;

(j) nominations for attending seminars, conferences and training courses in India or abroad;

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

(l) matters pertaining to staff welfare expenses;

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

(n) matters relating to disciplinary action against any Member, officer or employee;

(2) The Chairperson of the Appellate Tribunal shall also exercise such other powers that may be required for efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and the Rules and regulations made there under.

Functioning of Appellate Tribunal

32 (1) The office of the Appellate Tribunal shall be located at Dehradun but the Tribunal act at such places as per necessity.

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

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

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

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

Chapter-II Offences and Penalties

Terms and conditions and the fine payable for compounding of offence

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

Offence Amount to be paid for compounding the offence
Punishable with imprisonment under sub-section (2) of Section 59 Ten per cent. of the estimated cost of the real estate Ten percent of the estimated cost of the real estate project.
Punishable with imprisonment under section 64. Ten percent of the estimated cost of the real estate project.
Punishable with imprisonment under Section 66 Ten percent of the estimated cost of the plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated.
Punishable with imprisonment under Section 68 Ten percent of the estimated cost of the plot, apartment or building, as the case may be.

(2) The promoter, allottee or real estate agent, as the case may be, shall comply with the orders of the Authority or the Appellate Tribunal, within the period specified by the Court, which shall not be more than thirty days from the date of compounding of the offence.

(3) On payment of the sum of money in accordance with sub–rule (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-X Filing of Complaint with the Authority and the Adjudicating Officer

Filing of complaint with the Authority and inquiry by the Authority

34 (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, as per Form ‘M’ in duplicate, until application procedure is made web based, which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn or bankers cheque drawn on a nationalized bank or through online banking mechanism in favor of Authority and payable at the branch of that bank at the station where the seat of the said Authority is situated or through online payment, as the case may be.

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

(a) upon receipt of the complaint, the Authority shall issue a notice along with particulars of the alleged contravention and the relevant 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 hearing shall also be communicated to the complainant;

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

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

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

(e) incase the 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 the there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it;

(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 (1 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 there under it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made there under;

(ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations made there under, the Authority 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.