RERA



 

Hg & UD (UD4(3) Dept.,  

Draft rules prepared under section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) by Housing and Urban Development Department, Secretariat, Chennai-9: -  

CHAPTER I.

PRELIMINARY.  

1. Short title and commencement.-

(1) These rules may be called the „TAMIL NADU REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2016?. 

(2) It shall come into force on the ………………………………………………….

2. Definitions.-

In these rules, unless the context otherwise requires,-  

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2010)

(b) “Agreement for Sale” means an agreement entered into between the promoters and the allottee;

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

(d) “Association” means the association of allottees formed as per the provisions laid down in the Tamil Nadu Apartment Ownership Act, 1994. (Tamil Nadu Act 7 of 1995)  

(e) “authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these rules;

(f) “Authority” means the Real Estate Regulatory Authority established under sub-section(1) of section 20 of the Act;

(g) “Form” means a form appended to these rules;

(h) “Government” means the Government of Tamil Nadu;

(i) “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;

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

(k) “Parking” means the parking space(s) as shown in the plans approved by the planning authority;

(l) “Promoters” means as defined in clause (2k) of section 2 of the Act;

(m) “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. 

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

(1) The promoter shall furnish the following additional information and documents, along with those specified under the Act, for registration of the real estate project with the regulatory authority, namely:-

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

(b) audited balance sheet of the promoter firm/company for the preceding financial year and income tax returns of the promoter firm/company for three preceding financial years;

(c) copy of the legal title deed reflecting the title of the promoter to the land on which development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;

(d) the details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with details;

(e) where the promoter is not the owner of the land on which development is proposed, the details of the consent of the owner of the land along with a copy of 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) latitude and longitude details of the project site to monitor the progress of the work by the Authority;

(g) copies of the approved plan and approval letter along with the No objection Certificates   submitted while obtaining  planning permission and building licence;

(h) parking spaces(s) as shown in the approved plan of the said real estate project;

(i) detailed design and drawing for Structural Stability, Electrical Wiring, plumbing, Sewage Treatment Plans, etc.;

(j) such other information and documents, as may be specified by the Authority in its regulations.  

(2) The application referred to in sub-section (1) of section 4 of the Act, shall be made in writing in Form „A?, which shall be submitted in triplicate, until the application procedure is made web based as provided under sub-section (3) of section 4 of the Act.

(3) The promoter shall pay a registration fee at the time of application for registration for a sum calculated at the rate as specified by the Authority from time to time. The registration fee shall not be levied for the Tamil Nadu Slum Clearance Board developed projects, Affordable Housing projects  of the Tamil Nadu Housing Board and Housing projects executed by the Tamil Nadu Police Housing Corporation.

(4) The declaration to be submitted under clause (l) of sub-section (2) of section 4 of the Act, shall be in Form „B?, which shall include a declaration stating that the promoter shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.

(5)  In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of thirty days provided under sub-section (1) of section 5 of the Act, registration fee as specified by the regulations made by the Authority  shall be retained as processing fee by the Authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal. 

4. Disclosure by promoters of existing projects.-

(1) Upon the notification for commencement of sub-section (1) of section 3 of the Act, promoters of all ongoing projects which have not received completion certificate shall, within the time specified in the said sub-section, make an application to the Authority in the form and manner provided in rule 3.

Explanation I.- “ongoing project” means a project where development is going on and for which completion certificate has not been issued, but excludes such projects which fulfill any of the following criteria on the date of notification of these rules:- 

(i) where services have been handed over to the Local Authority for maintenance; or

(ii) where common areas and facilities have been handed over to the Association or the Residents? Welfare Association for maintenance; or

(iii) where all development works are complete and application or intimation letter has been submitted with the competent authority for obtaining completion certificate, if applicable; or 

Explanation II.- If the project has been conceived to be developed in phases and the plans for the initial phase are approved by the planning authority prior to the notification of these rules, then, for such projects, the requirement of obtaining two third consent from existing allottee, under clause (ii) of sub-section (2) of section 14 of the Act, is exempted for addition/revision/modification of plans for subsequent phases of development, provided the scheme of developing the project in phased manner has been agreed upon by the allottee and promoter in the agreements executed between them:

Explanation III.- It is not mandatory to substitute the prescribed form of agreements for the on-going projects, any agreement to sell, construction agreement or any other document executed by the  allottee, in respect of the apartment, plot or building, prior to the notification of this rule is legally valid and enforceable, but shall not be construed to limit the rights of the allottee under the Act and the rules and regulations made thereunder.  

(2) The promoter shall disclose all project details as required under the Act and the rules and regulations made there under, including the status of the project and the extent of completion. 

(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 actual area of the plot even if earlier sold on any other basis such as including the cost of Open Space Reservation  area and splay area, development charges, etc., which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent. 

5. Withdrawal of sums deposited in separate account.-

(1) For the purposes of subclause (D) of clause (l) of sub-section (2) of section 4 of the Act, the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease charges etc.

(2) For the purposes of sub-clause (D) of clause (l) of sub-section (2) of section 4 of the Act, the construction cost shall be the cost incurred by the promoter, towards the on-site expenditure for the physical development of the project including the cost incurred by way of fees/charges paid towards obtaining necessary statutory clearances.  

6. Grant or rejection of registration of the project.-

(1) Upon the registration of a project under section 5 read with section 3 of the Act, the Authority shall issue a registration certificate with a registration number as per Form „C? to the promoter.  

(2) In case of rejection of the application under section 5 of the Act, the Authority shall inform the applicant in Form „D?.

7. Extension of registration of the project.-

The registration granted under section 5 of the Act,  may be extended as provided under section 6 of the Act, on an application made by the promoter in Form „E? which shall not be less than three months prior to the date of expiry of the registration granted.

(2) The application for extension of registration shall be accompanied with a demand draft drawn on any scheduled bank, for an amount as may be specified by  regulations made by the Authority as provided 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 extension of registration is due to force majeure, the authority may, at its discretion, waive the fee for extension of registration.  

(3) Extension of registration of the project shall not be beyond the period provided as per local laws for completion of the project or phase thereof, as the case may be. 

(4) In case of extension of registration, the authority shall inform the promoter about the same in Form „F? and in case of rejection of the application for extension of registration, the authority shall, after giving an opportunity to the applicant to be heard in the matter as provided in the second proviso to section 6, of the Act, inform the promoter about the same in Form „D?.

(5) Any sale of an unit in any development project after the lapse  of registration period with the Authority and after obtaining the completion certificate from the competent Authority within the prescribed period as per local laws shall not be treated as offence as prescribed in sub section (2) of section 59 of the Act. 

8. Revocation of registration of the project.-

Upon revocation of registration of a project under  section 7, the regulatory authority shall inform the promoter about such revocation in Form „D?. The details of such revocation of registration shall be released to press periodically and hosted in the website of the Authority.

9. Agreement for sale and construction agreement.-

(1) For the purpose of sub-section (2) of section 13 of the Act, the agreement for sale of undivided share of land or plot of land and construction agreement for construction of apartment, as the case may be, shall be in the Form in  Annexure „A?.  

(2) Any application, letter allotment letter or any other document signed by the allottee, in respect of the apartment, plot or building, prior to the execution and registration of the agreement for sale and construction agreement for such apartment, plot or building, as the case may be, shall not be construed to limit the rights and interests of the allottee under the agreement for sale or the construction agreement or under the Act or under the rules or the regulations made thereunder.  

(3) Project relating to construction of apartment, the promoter may convey the undivided share of land including the proportionate undivided share in the common area directly to the respective allottee; in that case requirement of transfer of common area to association as provided under section 17  of the Act, shall not arise.  

(4) Under the agreement for sale or construction agreement, the promoter is permitted to allocate exclusive right of usage of Reserved Car Park to the allottee and such right of exclusive usage shall form an indivisible part of the apartment and shall be transferable along with the apartment.   

10. Formation of association.-

The association of allottees shall be formed, registered and governed by  the provisions contained in the Tamil Nadu Apartment Ownership Act, 1994 (Tamil Nadu Act 7 of 1995) and the applicable rules for the time being in force.

CHAPTER III. 
REAL ESTATE AGENT. 

11. Application for registration by the real estate agent.-

(1)  Every real estate agent required to register under sub-section (2) of section 9 of the Act shall make an application in writing to the Authority in Form „G? along with the following documents, namely:-

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

(b) particulars of registration including the bye-laws, or memorandum of association and  articles of association, etc. as the case may be;

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

(d) authenticated copy of the PAN Card;

(e) income tax returns filed under the provisions of the Income Tax Act, 1961 (Central Act 43 of 1961) for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three years preceding the application, a declaration to such effect;

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

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

(2) The real estate agent shall pay a registration fee at the time of application for registration by way of a demand draft drawn on any scheduled bank for a sum of rupees twenty-five thousand in case of the applicant being an individual; or  a sum of rupees fifty thousand in case of the applicant being anyone other than an individual. 

12. Grant of registration to the real estate agent.-

(1) Upon the registration of a real estate agent the Authority shall issue a registration certificate with a registration number in Form „H? to the real estate agent.

(2) In case of rejection of the application of registration the Authority shall inform the applicant in Form „I?.

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

13. Renewal of registration of real estate agent.-  

(1) The registration granted under section 9 of the Act  may be renewed  as provided in section 6 of the Act, on an application made by the real estate agent in Form „J? which shall not be less than three months prior to the date of expiry of the registration granted.

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

(3) The real estate agent shall also submit all the updated documents set out in clauses (a) to (g) of rule 11 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.

(5) The renewal of registration of the real estate agent shall be granted provided that the real estate agent remains in compliance with the provisions of the Act and the rules and regulations made thereunder. (6) The renewal granted under this rule shall be valid for a period of five years.

14. Revocation of registration of real estate agent.-

The Authority may, for the reasons specified under sub-section (7) of section 9 of the Act, revoke the registration granted to the real estate agent or renewal thereof, as the case may be, and intimate the real estate agent of such revocation in Form „I?. 

15. Maintenance and preservation of books of accounts, records and documents.-

The real estate agent shall maintain and preserve books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961. (Central Act 43 of 1961) 

16. Other functions of a real estate agent.-

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

CHAPTER IV. 
DETAILS TO BE PUBLISHED ON THE WEBSITE OF THE AUTHORITY

17.  Details to be published on the website.-

(1) For the purpose of clause (b) of section 34 of the Act the Authority shall ensure that the following informations shall be made available on its website in respect of each project registered, namely:- 

(a)  Details of the promoter including the following:-  

(i) Profile of the promoter:  

(a) a brief detail of his enterprise including its name, registered address, type of enterprise (proprietorship, limited liability partnership, society, partnership, company, competent authority) and the particulars of registration to be provided. In case of newly incorporated or registered entity, brief details of the parent entity including its name, registered address, type of enterprise (proprietorship, societies, limited liability partnership, partnership, companies, competent authority) to be provided;

(b) background of promoter- educational qualification, work experience and in case of a newly incorporated or registered entity work experience of the parent entity.

(ii) Track record of the promoter:  

(a) number of years of experience of the promoter or parent entity in real estate construction in the State of Tamil Nadu;

(b) number of years of experience of the promoter or parent entity in real estate construction in other states or union territories; 

(c) number of completed projects and area constructed till date;

(d) number of ongoing projects and proposed area to be constructed;

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

(iii) Litigations: Details of past or ongoing litigations in relation to the real estate project.

(iv) Website:

(a) web link to the developer or group website;

(b) web link to the project website.

(b) Details of the real estate project including the following:  

(i) Compliance and registration:  

(A) authenticated copy of the approvals received from the competent authorities as provided under clause (c) of sub-section (2) of section 4 of the Act;  

(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 of the Act;

(C) details of the registration granted by the Authority.  

(ii) Apartment and parking related details:

(A) Details of the number, type and carpet area of apartments for sale in the project as provided under clause (h) of sub-section (2) of section 4 of the Act;  

(B) Details of the number and areas of covered parking for sale in the project as provided under clause (i) of sub-section (2) of section 4 of the Act;  

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

(iii) Registered Agents: Names and addresses of real estate agents as provided under clause (j) of sub-section (2) of section 4 of the Act.

(iv) Consultants: Details, including name and addresses of contractors, architect and structural engineers, site engineers, construction engineers Quality Auditors, Geo-Technical Engineers, Town Planners,  project management consultant, if any, and other persons concerned with the development of the real estate project as provided under clause (k) of subsection (2) of section 4 of the Act, such as:-

(A) Name and address of the firm

(B) Names of promoters.

(C) Year of establishment.

(D) Names and profile of key projects completed.

(v) Location: The location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project as provided under clause (f) of sub-section (2) of section 4 of the Act.

(vi) 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., as provided under clause (e) of sub-section (2) of section 4 of the Act.  

(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 of solid and liquid wastes and treatment and disposal of storm and sullage water, any other facilities and amenities or public health services proposed to be provided in the project;  

(C) Gantt Charts and Project Schedule: The plan of development works to be executed in the project and the details of the proposed facilities to be provided thereof.

(c) Financials of the promoter:  

(i) Authenticated copy of the PAN card of the promoter.

(ii) Audited balance sheet of the promoter for the preceding financial  year and income tax returns of the promoter for three preceding financial  years and in case of a newly incorporated or registered entity annual returns of the last 3 financial years of the parent entity.

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

(i)   List of number and types of apartments or plots, as the case may be,   booked;

(ii) List of number of parking lots 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 license, permit or approval for the project.

(e) The following documents should be available in a downloadable format:-

(i) Approvals:  

(A) No objection certificates wherever applicable

? Consent to Establish and Operate;

? Coastal Regulation Zone Clearance;  

? Environmental Clearance;

? No objection certificate from Fire and Rescue Service Department ;

? Archaeological Survey of India; ? Permission from Water and Sewerage Board/Authority department ;

? Permission from Public Works Department;

? Height clearance from Airport Authority of India;

? Such other approvals as may be required and obtained for the project under any law for the time being in force.  

(B) Authenticated copy of the building permit, building sanction plan from competent authority  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 planning permission, building permit/building sanction plan, completion certificate for each of such phases;

(C) Authenticated copy of the site plan or site map showing the location of the project land along with survey numbers/block number/ward number, village number and name/town name, taluk and district name and area of each parcels of the project land;

(D) Authenticated copy of the layout plan of the project as sanctioned by the competent authority; 

(E) Floor plans for each tower and block including clubhouse, amenities and common areas, etc;

(F) Any other permission, approval, or licence that may be required under applicable law;

(G) Authenticated copy of completion certificate obtained, if applicable. In the absence of statutory provisions for obtaining completion certificate, the promoter shall upload certificate from an Architect endorsing the completion of the project;

(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 including an upto date encumbrance certificate, extract/certificate of Revenue Authorities reflecting the title of the promoter to the land on which development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;  

(C) 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 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;  

(D) Sanction letters:  -    From banks for construction finance; -   From banks for home loan tie-ups.  

(f) Contact details: Contact address, contact numbers and email-ids of the promoter handling the project.  

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

(2) For the purpose of clause (c) of section 34 of the Act, the Authority shall maintain a database and ensure that the information specified therein shall be made available on its website in respect of each project revoked or penalised, as the case may be. 

(3) For the purpose of clause (d) of section 34 of the Act, 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:-

(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 (proprietorship, societies, partnership, companies, etc.);  

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

(iv) income tax returns filed under the provisions of the Income Tax Act, 1961 (Central Act 43 of 1961) for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application, a declaration to such effect;

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

(vi) authenticated copy of the address proof of the place of business and the contact address, contact numbers and email-id of the real estate agent.

(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 (proprietorship, societies, partnership, companies, etc.);

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

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

(4) The Authority shall maintain a back-up, in digital form, of the contents of its website in terms of this rule, and ensure that such back-up is updated on the last day of each month. 

CHAPTER V.

RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND TIMELINES FOR REFUND

18. Rate of interest payable by the promoter and the allottee.-

The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the Repo rate of  Reserve Bank of India plus two per cent.

19. Timelines for refund.-

Any refund of monies along with the applicable interest and compensation, if any, payable by the promoter in terms of the Act or the rules and regulations made thereunder, shall be payable by the promoter to the allottee within fortyfive days from the date on which such refund along with applicable interest and compensation, if any, becomes due. The entitling allottee shall get full refund at any time if the builder has not followed the time schedule. The builder shall not keep 10% of the booked value of the property

CHAPTER VI. 
REAL ESTATE REGULATORY AUTHORITY

20. Manner of selection of chairperson and members of the Authority.-

(1) As and when vacancies of Chairperson or a member in the Authority exist or arise, or are likely to arise, the Government may make a reference to the Selection Committee in respect of the vacancies to be filled.

(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 possessing the requisite qualification and experience and suitability for being considered for appointment as Chairperson or Member of the Authority. 

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

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

(5) The Government shall within thirty days from the date of the 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. 

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

(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 monthly salary equivalent to the salary and allowances  eligible to the Additional Secretary to  Central Government;  

(b) The whole-time member shall be paid  monthly salary equivalent to the salary and allowances  eligible to the Joint Secretary to Central Government;  

(c) Every part-time member, who is not a servant of the Government shall be paid a sitting fee for each day he attends the meetings of the regulatory authority as may be determined by the Government, from time to time, and they shall not be entitled to any allowance relating to house and vehicle.

(2) The other allowances and conditions of service of the Chairperson and the whole-time member shall be as per notification issued by the Government from time to time.

22. Administrative powers of the Chairperson of the Authority.-

The administrative powers of the Chairperson of the Authority shall include making decisions with regard to the following:  

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

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

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

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

(e) officiating against sanctioned posts;

(f) authorization of tours to be undertaken by any member, officer or employees within and outside India and allowance to be granted for the same;

(g) all 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) all 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) all matters relating to disciplinary action against any officer and  employee; 

(o) any other powers that may be required for the efficient functioning of the Authority and enforcement of the provisions of the Act and these rules.

23. Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Authority and experts and consultants engaged by the Authority.-  

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

(2) Consultants or experts that may be engaged by the Authority:  

(a) He shall be paid a monthly honorarium as may be determined by the Government  from time to time;

(b) the consultant or expert shall not be deemed to be regular members of the staff borne on the establishment of the Authority;

(c) the consultant or expert may be appointed for a tenure of one year, extendable on year to year basis;

(d) the terms of their appointment may be terminated by the Authority by serving one month?s notice.

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

24. Functioning of the Authority.-

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

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

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

25. Additional powers of the Authority.-

(1) In addition to the powers specified in sub-section (2) of section 35 of the Act, the Authority shall have the following additional powers, namely:

(a) To 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, town planning, 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) On receipt of the application in prescribed form and complete in all respects under   section 4 of the Act read with rule 3 of the rules for registration of a project, the Authority may review the documents submitted along with the application under rule 3 and enquire, inter-alia, into the following matters and such other matters, as it may consider necessary, prior to grant of registration within the time prescribed under sub-section (1) of section 5 of the Act, namely:-

(a) the nature of rights and interest of the promoter to the land which is proposed to be developed;

(b) extent and location of area of land proposed to be developed;

(c) financial, technical and managerial capacity of the promoter to develop the project;

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

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

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

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

(5) The Authority shall have the powers to levy fee and prescribe advertisement charges and collect the same from the developers and advertisers willing to advertise on the website of the authority besides prescribing and collecting any other charges or fees/penalties from the developers/promoters/real estate agents or any other individual or agency.

26. Manner of recovery of interest, penalty and compensation. -

Subject to the provisions of sub-section (1) of section 40 of the Act, the recovery of the amounts due as arrears of land revenue shall be carried out in the manner provided in local laws.

27. Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal.-

For the purpose of sub-section (2) of section 40 of the Act every order passed by the Adjudicating Officer, Authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the Adjudicating Officer, Authority or the Appellate Tribunal, as the case may be, in the same manner as if it were a decree or order made by the Civil Court in a suit pending therein and it shall be lawful for the Adjudicating Officer, Authority or Appellate Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.

28. Source of Fund of the Authority.-

The source of fund for the Authority shall be the grants from the Government, the registration fee paid by the promoters at the time of registration of application,  the revenue generated from advertisement charges on the website of the Authority, the registration fee paid by the real estate agent at the time of registration and any other collections made by the authority in any form. This fund shall be utilised for the development of online system, creating awareness among public, carrying out related studies through consultants, facilitation of registration of land records and system towards conclusive property titles with title guarantee, etc. 

CHAPTER VII.  

REAL ESTATE APPELLATE TRIBUNAL. 

29. Form for filing appeal and the fees payable.-

(1) Every appeal filed under sub-section (1) of section 44 of the Act, shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a scheduled bank in favour of the Appellate Tribunal and payable at the main branch of that Bank at the station where the seat of the said Appellate Tribunal is situated.  

(2) Every appeal shall be filed in Form „L? along with the following documents:-

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

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

(c) An index of the documents.

(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.  

30. Manner of selection of members of the Appellate Tribunal.-

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

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

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

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

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

31. Salary and allowances payable and other terms and conditions of service of Chairperson and members of the Appellate Tribunal.-

(1) The salaries and allowances payable to the Chairperson and members of the Appellate Tribunal shall be as follows:-

(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge of a High Court;  

(b) The whole-time member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a member of the Appellate Tribunal;  

(c) Every full-time member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Additional Secretary to the Government of India;

(d) Every part-time Member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the Appellate Tribunal as may be determined by the Government, from time to time.

(2)The other allowances and conditions of service including leave of the Chairperson and the whole-time member shall be as prescribed the Government, from time to time.

32. Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal.-

(1) In the event of the Government becoming aware of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of section 26 of the Act in case of a Chairperson or member of the Authority or as specified under sub-section (1) of section 49 of the Act in case of a Chairperson or Member of the Appellate Tribunal, or by receipt of a complaint in this regard or suo motu, as the case may be, the Government shall make a preliminary scrutiny with respect to such charges against the Chairperson or any member of the Authority or Appellate Tribunal, as the case may be.

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

(3) The Government shall forward to the Judge, 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 leveled against him within such time period as may be specified in this behalf by the Judge.

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

(6) After the conclusion of the investigation, the Judge shall submit his report to the Government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit. (7) Thereafter, the Government shall, in consultation with the Chief Justice of the High Court, decide either to remove or not to remove the Chairperson or member of the Authority or Appellate Tribunal, as the case may be.

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

(1) The conditions of service of the officers and employees of the Appellate Tribunal and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay. (2) The government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees or consultants and experts, as the case may be. 

34. Additional powers of the Appellate Tribunal.-

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

35. Administrative powers of the Chairperson of the Appellate Tribunal.-

The  administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions with regard to the following:-

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

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

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

(d) acceptance of resignations by 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 and allowance to be granted for the same;

(g) all 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) all 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) all matters relating to disciplinary action against any officer or employee;

(o) any other powers that may be required for the efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and these rules. 

CHAPTER VIII. 
OFFENCES AND PENALTIES. 

36. Terms and conditions and the fine payable for compounding of offence.-  

(1) The court shall, for the purposes of compounding any offence specified under section 70 of the Act, accept a sum of money as specified in the Table below

Offence. Money to be paid for compounding the offence. 
Imprisonment under sub section (2) of section 59. 10% of the estimated cost of the real estate project. 
Imprisonment under section 64 10% of the estimated cost of the real estate project. 
Imprisonment under section 66 10%  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. 
Imprisonment under section 68. 10%  of  the  estimated  cost  of  the  plot, 
apartment or building, as the case may be. 

Provided that the Government may, by notification, amend the rates specified in the Table. 

(2) On payment of the sum of money in accordance with the table any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such person in any court.

(3) The acceptance of the sum of money for compounding an offence in accordance with the table above, by the Court shall be deemed to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (Central Act 2 of  1974)

(4) 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 30 days from the date of compounding of the offence.

37. Manner of filing a complaint with the Authority and the manner of holding an inquiry by the Authority.-

(1) Any aggrieved person may file a complaint with the Authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer, in Form „M? which shall be accompanied by a fee as specified by the Authority.

(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:-

(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 notice shall specify a date and time for further hearing;

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

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

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

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

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

(f) The regulatory authority shall have the power to carry out an inquiry, into the complaint, on the basis of documents and submissions;

(g) On the date so fixed, the regulatory authority upon consideration of the evidence produced before it and other records and submissions is satisfied  that -

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

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

(h) If any person fails, neglects or refuses to appear, or present himself as         required before the 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.

38. Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the Adjudicating officer.-

(1) Any aggrieved person may file a complaint with the adjudicating officer for compensation under section 12, 14, 18 and 19 in Form „N? which shall be accompanied by a fee of rupees five thousand in the form prescribed by the Authority.

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

(a) Upon receipt of the complaint the adjudicating officer shall issue a notice along with particulars of the alleged contravention and the relevant documents to the promoter;-

(b) The notice shall specify a date and time for further hearing; and on the date so fixed, the adjudicating officer shall explain to the promoter about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the promoter:

(i) pleads guilty, the adjudicating officer shall record the plea, and award such compensation as he thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder;

(ii)  does not plead guilty and contests the complaint the adjudicating          officer shall demand and explanation from the promoter;  

(c) In case the adjudicating officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint;

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

(e) The adjudicating officer shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions;

(f) On the date so fixed, the adjudicating officer upon consideration of the evidence produced before him and other records and submissions is satisfied that the promoter is-

(i) liable to pay compensation, the adjudicating officer may, by order in   writing, order payment of such compensation, as deemed fit by the promoter to the complainant; or

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

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

CHAPTER IX.

BUDGET AND REPORT. 

39. Budget, accounts and audit.-

The Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts as provided in section 77 in  Form „O?. 40. Report and Returns.- The Authority shall prepare its annual report as provided in section 78 in Form „P?. 

ANNEXURE „A?  
[See rule 9] AGREEMENT FOR SALE 

This Agreement for Sale (“Agreement”) executed on this day of ____, 20___.    

By and Between 

 [If the promoter is a company] 

__________________(CIN  no._____________________ ),  a  company  incorporated    under  the provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered  office at ___________and    its corporate office at______________________ (PAN - __________),  represented  by  its  authorized   signatory  ______________________  (Aadhar no._____________________) authorized vide board resolution dated     hereinafter referred to as the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, executors, administrators and permitted assignees);  

[OR]  

[If the promoter is a Partnership firm]  

____________________, a partnership firm registered under the Indian Partnership Act, 1932,  having  its  principal  place  of  business  at __________________________,  (PAN _______________), represented by its authorized Partner __________________________, (Aadhar no. _________________) authorized vide ______________________ , hereinafter referred to as the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors-in-interest, executors, administrators and permitted assignees, including those of the respective partners).  

[OR]  

[If the promoter is an Individual]  

Mr.  /  Ms. ,  (Aadhar  no. )  son  / daughter of   , aged about   _, residing at   , (PAN ), hereinafter called the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators, successors-in- interest and permitted assignees).    

AND 

[If the Allottee is a company]  

       , (CIN no.   ) a company incorporated under the provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered office  at     , (PAN    ), represented  by its authorized signatory,    ,  (Aadhar no.   ) duly authorized vide board resolution dated , hereinafter referred to as the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, executors, administrators and permitted assignees).  

[OR]  

[If the Allottee is a Partnership]  

  , a partnership firm registered under the Indian Partnership Act, 1932, having  its  principal  place  of  business  at   , (PAN ), represented by its authorized partner,  , (Aadhar no.  ) authorized vide  , hereinafter referred to as the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors-in-interest, executors, administrators and  permitted assignees, including those of the respective partners).  

[OR]  

[If the Allottee is an Individual]  

Mr. / Ms. , (Aadhar no. ) son / daughter of   , aged about   , residing at   ,  (PAN ), hereinafter called the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators, successors-in-interest and permitted assignees).  

[OR]  

[If the Allottee is a HUF]  

Mr. , (Aadhar no. ) son of     aged about    for  self  and  as  the  Karta  of  the  Hindu  Joint  Mitakshara  Family  known  as   HUF, having its place of business / residence at , (PAN   ), hereinafter referred to as the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, representatives, executors, administrators, successors-in-interest and permitted assigns as well as the members of the said HUF, their heirs, executors, administrators, successors-in-interest and permitted assignees).  

[Please insert details of other allottee(s), in case of more than one allottee]  

The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”. 

WHEREAS:  

A. The Promoter is the absolute and lawful owner of [S.No./R.S.No/T.S.No.,Block No., Village Name  ] [Please insert land details] ______totally admeasuring    _____square meters situated at _in Taluk & District   (“Said Land”) vide sale deed(s) dated registered as documents no. at the office of the Sub-Registrar copied in volume No.  ________ at page ____________;  

[OR]  

  _________(“Owner”) is the absolute and lawful owner of [S.No./R.S.No/T.S.No.,Block No., Village Name] [Please insert land details] ___________totally admeasuring    square  meters  situated  at in  Taluk &  District   (“Said Land”) vide sale deed(s) dated   registered as  documents no.    at the office of the Sub-Registrar. The Owner and the Promoter have entered into a [collaboration/development/joint development]  agreement dated     registered as document no.  at the office of the Sub-Registrar copied in volume No.  ________ at page ____________;  

B. The Said Land is earmarked for the purpose of building a [commercial/residential/any other purpose] project, comprising multistoried apartment buildings and [insert any other  components  of  the  Projects]  and  the  said  project  shall  be  known  as „ ? (“Project”);  

[OR]  

The Said Land is earmarked for the purpose of plotted development of a [commercial/residential/any  other  purpose]  project,  comprising plots and [insert any other components of the Projects] and the said project shall be known as „ ? (“Project”):  

Provided that where land is earmarked for any institutional development the same shall be used for those purposes only and no commercial/residential development shall be permitted unless it is a part of the plan approved by the competent authority.  

C. The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the Said Land on which Project is to be constructed have been completed;  

D. The  ______________[Please insert the name of the concerned competent authority] has granted the commencement certificate to develop the Project vide Planning Permit No.           _______dated _____and Building Licence No._______   dated__________:   

E. The  Promoter  has  obtained  the  final  layout  plan  approvals  for  the  Project  from   [Please insert the name of the concerned competent authority]. The Promoter agrees and undertakes that it shall not make any changes to these layout plans except in strict compliance with section 14 of the Act and other laws as applicable; 

F. The Promoter has registered the Project under the provisions of the Act with the Real Estate  Regulatory  Authority  at   _________ on __________under  registration          no.______________________  

G. The  Allottee  had  applied  for  an  apartment  in  the  Project  vide  application  no.    dated     and  has  been  allotted  apartment  no.    _________ having   carpet   area   of      square   feet,   type ,   on      floor   in [tower/block/building] no.   (“Building”) along with garage/closed parking no.  _______admeasuring square feet in the [Please insert the location of the garage/closed parking], as permissible under the applicable law and of pro rata share in the common areas (“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the “Apartment” more particularly described in Schedule A and the floor plan of the apartment is annexed hereto and marked as Schedule B);  

[OR]   

The Allottee had applied for a plot in the Project vide application no. dated   and has been allotted plot no. having area of square feet  and  plot  for  garage/closed  parking  admeasuring      square  feet  (if applicable)] in the [Please insert the location of the garage/closed parking], as permissible under the applicable law and of pro rata share in the common areas (“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the “Plot” more particularly described in Schedule A);  

H. The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein;  

I.      [Please enter any additional disclosures/details]  

J. The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the Project;  

K. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter;  

L. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the [Apartment/Plot] and the garage/closed parking (if applicable) as specified in para G;

NOW THEREFORE, in consideration of the mutual representations, covenants, assurances, promises and agreements contained herein and other good and valuable consideration, the Parties agree as follows: 

1. TERMS:  

Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in para G;  
The  Total   Price   for   the   [Apartment/Plot]   based   on   the   carpet   area   is   Rs.    (Rupees     Price") (Give break up and description): 

Block/Building/Tower no.________ Apartment

no.________       

Type________ 

 Floor________      

Rate of Apartment per square feet*
   
   

*Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc.  
[AND] [if/as applicable] 

Garage/Closed parking - 1 Price for 1
Garage/Closed parking - 2 Price for 2
   
   

[OR] 

Plot no. _____

Type_____

Rate of Plot per square feet
   
   

Explanation:  

(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];  

(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]:  

Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;  

(iii) The promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;  

(iv) The total price of [Apartment/Plot] includes:

1) pro rata share in the Common Areas; and

2) garage(s)/closed parking(s) as provided in the Agreement.  

1.3  The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments.

1.4 The Allottee(s) shall make the payment as per the pament plan set out in Schedule C(“Payment Plan”)  

1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter.  

1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act.  

1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement.

1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:  

(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];  

(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;  

(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.  

1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project?s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project.  

It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside  the  Project,  namely       declaration  to  be  filed  with     shall  not  form  a  part  of  the [Please  insert  the  name  of  the concerned competent authority] to be filed in accordance with the    [Please insert the name of the relevant State act, if any].  

1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. 

1.12 The Allottee has paid a sum of Rs,    (Rupees   only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.

2. MODE OF PAYMENT  

Subject to the terms of the Agreement and the Promoter abiding by the construction milestones, the Allottee shall make all payments, on demand by the Promoter, within the stipulated time as mentioned in the Payment Plan through A/ c Payee cheque/demand   draft    or    online    payment    (as    applicable)    in    favour    of „ ? payable at .  

3. COMPLIANCE OF LAWS RELATING TO REMITTANCES  

The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules and Regulations made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which would enable the Promoter to fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law. The Allottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.  

The Promoter accepts no responsibility in this regard. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Promoter immediately and comply with necessary formalities if any under the applicable laws. The Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottee and such third party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Promoter shall be issuing the payment receipts in favour of the Allottee only.  

4. ADJUSTMENT/APPROPRIATION OF PAYMENTS  

The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 

5. TIME IS ESSENCE  

1.13 Time is of essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate* or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in Schedule C (“Payment Plan”).  

6. CONSTRUCTION OF THE PROJECT/ APARTMENT  

The Allottee has seen the specifications of the [Apartment/Plot] and accepted the Payment Plan, floor plans, layout plans [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the  bye-laws, FAR and density norms and provisions prescribed   by   the      [Please   insert   the relevant State laws] and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.  

7. POSSESSION OF THE APARTMENT/PLOT  

7.1  Schedule for possession of the said [Apartment/Plot]:

The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.  

7.2 Procedure for taking possession -

The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to  pay  the  maintenance  charges  as  determined  by  the  Promoter/association  of             allottees, as the case may be. The Promoter on its behalf shall offer the possession to                the Allottee in writing within days of receiving the occupancy certificate* of             the Project.  

7.3 Failure of Allottee to take Possession of [Apartment/Plot]:

Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable.  

7.4 Possession by the Allottee -

After obtaining the occupancy certificate* and   handing over physical possession of the [Apartment/Plot] to the Allottees, it shall   be the responsibility of the Promoter to hand over the necessary documents and plans,   including common areas, to the association of the Allottees or the competent   authority, as the case may be, as per the local laws.  

 7.5 Cancellation by Allottee –

The Allottee shall have the right to cancel/withdraw his                 allotment in the Project as provided in the Act:  
Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.  

7.6    Compensation –

The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for compensation under this section shall not be barred by limitation provided under any law for the time being in force.  

Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the [Apartment/Plot]

(i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or

(ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottees, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the [Apartment/Plot], with interest at the rate specified in the Rules within 45 days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate specified in the Rules for every month of delay, till the handing over of the possession of the [Apartment/Plot].  

8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER.-

The Promoter hereby represents and warrants to the Allottee as follows:

(i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;  

(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;  

(iii) There are no encumbrances upon the said Land or the Project;  
[in case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]

(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];  

(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;  

(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;  

(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;  

(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;  

(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;  

(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;  

(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;  

(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification  (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project

9. EVENTS OF DEFAULTS AND CONSEQUENCES.-  

Subject  to  the  Force  Majeure  clause,  the  Promoter  shall  be  considered  under  a condition of Default, in the following events:  

(i) Promoter fails to provide ready to move in possession of the [Apartment/Plot] to the Allottee within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment shall be in a habitable condition which is complete in all respects;  

(ii) Discontinuance of the Promoter?s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder.  

In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following:  

(i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or  

(ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified in the Rules within forty-five days of receiving the termination notice:  

Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoter, interest at the rate specified in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot].  

The Allottee shall be considered under a condition of Default, on the occurrence of the following events:  

(i) In case the Allottee fails to make payments for     consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rules.  

(ii) In case of Default by Allottee under the condition listed above continues for a period beyond consecutive months after notice from the Promoter in this regard, the Promoter shall cancel the allotment of the [Apartment/Plot] in favour of the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated. 

10. CONVEYANCE OF THE SAID APARTMENT.-

The Promoter, on receipt of complete amount of the Price of the [Apartment/Plot] under the Agreement from the Allottee, shall execute a conveyance deed and convey the title of the [Apartment/Plot] together with proportionate indivisible share in the Common Areas within 3 (three) months from the issuance of the occupancy certificate*. However, in case the Allottee fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, the Allottee authorizes the Promoter to withhold registration of the conveyance deed in his/her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottee. The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies/penalties imposed by the competent authority(ies).  

11. MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT.-

The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of the allottees. The cost of such maintenance has been included in the Total Price of the [Apartment/Plot].  
[Insert any other clauses in relation to maintenance of project, infrastructure and equipment]  

12. DEFECT LIABILITY.-

It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter?s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.  

13. RIGHT  OF  ALLOTTEE  TO  USE  COMMON  AREAS  AND  FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES.-

The Allottee hereby agrees to purchase the [Apartment/Plot] on the specific understanding that is/her right to the use of Common Areas shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it) and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the maintenance agency or the association of allottees from time to time.  

14. RIGHT TO ENTER THE APARTMENT FOR REPAIRS.-

The Promoter / maintenance agency /association of allottees shall have rights of     unrestricted  access  of  all  Common  Areas,  garages/closed  parking?s  and  parking  spaces for providing necessary maintenance services and the Allottee agrees to permit the association of allottees and/or maintenance agency to enter into the [Apartment/Plot] or any part thereof, after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.  

15. USAGE.-

Use of Basement and Service Areas: The basement(s) and service areas, if any, as located within the (project name), shall be earmarked for purposes such as parking spaces and services including but not limited to electric sub-station, transformer, DG set rooms, underground water tanks, pump rooms, maintenance and service rooms, fire fighting pumps and equipment?s etc. and other permitted uses as per sanctioned plans. The Allottee shall not be permitted to use the services areas and the basements in any manner whatsoever, other than those earmarked as parking spaces, and the same shall be reserved for use by the association of allottees formed by the Allottees for rendering maintenance services.  

16. GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:

Subject to Clause 12 above, the Allottee shall, after taking possession, be solely responsible to maintain the [Apartment/Plot] at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the Building, or the [Apartment/Plot], or the staircases, lifts, common passages, corridors, circulation areas, atrium or the compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the [Apartment/Plot] and keep the [Apartment/Plot], its walls and partitions, sewers, drains, pipe and appurtenances thereto or belonging thereto, in good and tenantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the Building is not in any way damaged or jeopardized. The Allottee further undertakes, assures and guarantees that he/she would not put any sign-board / name-plate, neon light, publicity material or advertisement material etc. on the face / facade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas. The Allottees shall also not change the colour scheme of the outer walls or painting of the exterior side of the windows or carry out any change in the exterior elevation or design. Further the Allottee shall not store any hazardous or combustible goods in the [Apartment/Plot] or place any heavy material in the common passages or staircase of the Building. The Allottee shall also not remove any wall, including the outer and load bearing wall of the [Apartment/Plot]. The Allottee shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter and thereafter the association of allottees and/or maintenance agency appointed by association of allottees. The Allottee shall be responsible for any loss or damages arising out of breach of any of the aforesaid conditions.  

17. COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY ALLOTTEE.-

The Allottee is entering into this Agreement for the allotment of a [Apartment/Plot] with the full knowledge of all laws, rules, regulations, notifications applicable to the Project in general and this project in particular. That the Allottee hereby undertakes that he/she shall comply with and carry out, from time to time after he/she has taken over for occupation and use the said [Apartment/Plot], all the requirements, requisitions, demands and repairs which are required by any competent Authority in respect of the [Apartment/Plot]/ at his/ her own cost.   

18. ADDITIONAL CONSTRUCTIONS.-

The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.  

19. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE.-

After the Promoter executes this Agreement he shall not mortgage or create a charge on the [Apartment/Plot/Building] and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such [Apartment/Plot/Building].  

20. APARTMENT OWNERSHIP ACT (OF THE RELEVANT STATE).-

The Promoter has assured the allottees that the project in its entirety is in accordance with the provisions of the Tamil Nadu Apartment ownership Act, 1994 (Tamil Nadu Act 9 pf 1994) The Promoter showing compliance of various laws/regulations as applicable  in  .  

21. BINDING EFFECT.-

Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments   
due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 30(thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever.  

22. ENTIRE AGREEMENT.-

This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, as the case may be.  

23. RIGHT TO AMEND.-

This Agreement may only be amended through written consent of the parties.  

24. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES.-   

It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment/Plot], in case of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents and purposes.  

25. WAIVER NOT A LIMITATION TO ENFORCE  

a. The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees.  

b. Failure on the part of the Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.  

26. SEVERABILITY  

If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement.   

27. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER   REFERRED TO IN THE AGREEMENT

Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be the proportion which the carpet area of the [Apartment/Plot] bears to the total carpet area of all the [Apartments/Plots] in the Project.  

28.  FURTHER ASSURANCES  

Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction.

29.  PLACE OF EXECUTION  

The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter?s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee,  in   after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at  .  

30.  NOTICES  

That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post at their respective addresses specified below:  
  Name of Allottee    (Allottee Address)  
M/s Promoter name    (Promoter Address)  
It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be.  

31.   JOINT ALLOTTEES  

That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees.  

32.   GOVERNING LAW  

That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force.

33.  DISPUTE RESOLUTION  

All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.  

[Please insert any other terms and conditions as per the contractual understanding between the parties, however, please ensure that such additional terms and conditions  
are not in derogation of or inconsistent with the terms and conditions set out above or the Act and the Rules and Regulations made thereunder.]  

IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at (city/town name) in the presence of attesting witness, signing as such on the day first above written.  

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