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HARYANA REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017

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Pre. No. MISC-107(A)/ED(R)/196

Published vide Notification No. MISC-107(A)/ED(R)/196, Dated 28.07.2017

Town and Country Planning Department, Haryana Government

In exercise of the powers conferred by sub section (1) read with sub section (2) of section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016) and with reference to the Haryana Government, Town and Country Planning Department, notification No. MISC-107(A)/ED(R)/1/55/2016-ITCP dated the 28th April, 2017 the Governor of Haryana hereby makes the following rules, namely,-


R.I Preliminary


R.1 Short title and commencement

(1) These rules may be called as the Haryana Real Estate (Regulation and Development) Rules, 2017.

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


R.2 Definitions

(1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016).

(b) "annexure" means an annexure appended to these rules;

(c) "association of allottees" means a collective of the allottees of a real estate project, by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorised representatives of the allottees;

(d) "authenticated copy" means a self-attested copy of any document required to be provided by any person under these rules;

(e) "colony" shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975).

Explanation. - Colony may contain more than one project and each such project may

R.2 Real Estate Project


R.3 Application for registration Section 4

(1) An application to the Authority for registration of the real estate project shall be made in writing in Form `REP-I', in triplicate to furnish the following information and documents alongwith those specified under section 4 of the Act, for registration of the project with the Authority, namely.-

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

(b) annual report including the liabilities on the books of the builder, specially its debt to asset ratio, audited profit and loss account, balance sheet, cash flow statement, directors report and the auditors report of the promoter for the immediately preceding three financial years; and where annual report is not available, the audited profit and lost account, balance sheet, cash flow statement and the auditors report of the promoter for the immediately preceding three financial years;

(c) the number of open parking areas and the number of covered

R.4 Additional disclosure by Promoters of ongoing projects Section 4

(1) The promoter of an ongoing project shall make an application to the Authority to furnish the following information, namely:-

(a) the total money collected from the allottees, money spent on development of the project and the balance/ unspent amount lying with the promoter;

(b) status of the project (extent of the development carried out till date and the extent of the development pending) including the original time period disclosed to the allottees for completion of the project at the time of sale including the delay and the time period within which he undertakes to complete the pending project, which shall be commensurate with the extent of development already completed, and this information shall be certified by an engineer, an architect and a chartered accountant.

(2) The promoter shall disclose the size of the apartment based on the carpet area even if sold on any other basis such as super are

R.5 Grant or rejection of registration of project Section 5

(1) Upon the registration of a project, the Authority shall issue a registration certificate with a registration number in Form `REP-III' to the promoter for the stipulated period of completion of the project as mentioned in the application of the promoter provided that the license and other permissions granted to the promoter by the competent authorities are valid at the time of such registration. In case, the stipulated time of such registration is beyond the validity period of license, then the promoter shall renew his said license/ permissions for the remaining period well in time. Otherwise, his registration may be cancelled after giving him an opportunity of being heard.

(2) In case of rejection of the application, the Authority shall inform the promoter in Form `REP-IV':

Provided that, the Authority may grant an opportunity to the promoter to rectify the defects, if any, within a period of thirty days from the date o

R.6 Extension of registration of project Section 6

(1) The registration granted under the Act, may be extended by the Authority, on an application made by the promoter in Form REP-V, in triplicate within three months prior to the expiry of the registration granted.

(2) The application for extension of registration shall be accompanied with a demand draft or a bankers cheque in favour of "Haryana Real Estate Regulatory Authority" drawn on any Scheduled bank or through online payment mode, as the case may be, for an amount equivalent to half the registration fees as prescribed under sub-rule (2) 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 extension of registration is due to force majeure, Court orders, Government policy/ guidelines, decisions, the Authority may at its discretion, waive the

R.7 Revocation of registration of project Section 7

Upon the revocation of registration of a project under section 7, the Authority shall inform the promoter about such revocation in Form `REP-IV'.

Provided that, the promoter shall be given an opportunity of being heard before revocation of registration of his project.


R.8 Agreement for sale Section 13

(1) The agreement for sale shall be as per Annexure `A'.

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


R.9 Application for registration by real estate agent Section 9

(1) Every real estate agent shall make an application in writing to the Authority in Form REA-I, in triplicate, for registration alongwith following documents, namely:-

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

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

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

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

(e) the authenticated copy of the address proof of the place of b

R.10 Grant of registration to real estate agent Section 9

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

Provided that, the Authority may grant an opportunity of being heard to the real estate agent to rectify the defects, if any, within a period of thirty days from the date of issuance of communication regarding such defects.

(2) Upon the registration of a real estate agent, the Authority shall issue a registration certificate with a registration number in Form REA-II to the real estate agent.

(3) In case of rejection of the application, the Authority shall inform the applicant in Form REA-III.

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


R.11 Renewal of registration of real estate agent Section 9

(1) The registration granted to a real estate agent under the Act, may be renewed, on an application made by the real estate agent in Form REA-IV, in triplicate, within three months prior to the expiry of the registration granted.

(2) The application for renewal of registration shall be accompanied with a demand draft or a bankers cheque in favour of "Haryana Real Estate Regulatory Authority" drawn on any Scheduled bank or through online payment, as the case may be, for a sum calculated at the rate mentioned in Schedule II.

(3) The real estate agent shall also submit all the updated documents set out in clauses (a) to (f) of sub-rule (1) of rule 9 at the time of application for renewal.

(4) In case of renewal of registration, the Authority shall inform the real estate agent about the same in Form REA-V and in case of rejection of the application for renewal of registration, the Authority shall inform t

R.12 Revocation of registration of real estate agent Section 9

The Authority may revoke the registration granted to the real estate agent or renewal thereof, as the case may be, shall intimate the real estate agent of such revocation in Form REA-III.


R.13 Books of accounts, records and documents Section 10

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


R.4 Details to be Published on the Website of the Authority


R.14 Details to be published on the website Section 34

(1) The Authority shall ensure that the following information, shall be made available on its website in respect of each project registered under the Act, namely:-

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

(i) promoter or group profile:

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

(B) background of the promoter, work experience of the promoter and in case of a newly incorporated or registered entity,

R.5 Interest Payable by Promoter and Allottee and Timelines for Refund


R.15 Interest payable by promoter and Allottee Section 19

An allottee shall be compensated by the promoter for loss or damage sustained due to incorrect or false statement in the notice, advertisement, prospectus or brochure in the terms of section 12. In case, allottee wishes to withdraw from the project due to discontinuance of promoter's business as developers on account of suspension or revocation of the registration or any other reason(s) in terms of clause (b) sub-section (I) of Section 18 or the promoter fails to give possession of the apartment/ plot in accordance with terms and conditions of agreement for sale in terms of sub-section (4) of section 19. The promoter shall return the entire amount with interest as well as the compensation payable. The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India highest marginal cost of lending rate plus two percent. In case, the allottee fails to pay to the promoter as per agreed ter

R.16 Timelines for refund Section 9

Any refund of money alongwith the applicable interest and compensation 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 a period of ninety days from the date on which such refund alongwith applicable interest and compensation, as the case may be, becomes due.


R.6 Real Estate Regulatory Authority


R.17 Manner for appointment of Chairperson and Members Section 22

(1) As and when, vacancies of Chairperson or any other Member in the Authority exists or arises, or is 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 Member of the Authority, follow such procedure as deemed fit including the appointment of a Search Committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names for appointment as a 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 d

R.18 Salary and allowances payable and other terms and conditions of service of Chairperson and Members of Authority Section 24

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

(a) the Chairperson of the Authority shall be paid a salary equivalent to that of the Chief Secretary of the State Government; if he is or has been in the service of the Central/ State Government or shall be paid a consolidated monthly salary of ` two lakh fifty thousand rupees; if he has not been in Central/ State Government;

(b) the Members of the Authority shall be paid a salary equivalent to Principal Secretary of the State Government; if he is or has been in the service of the Central/ State Government or shall be paid a consolidated monthly salary of ` two lakh rupees; if he has not been in Central/ State Government;

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

(3) The Chairperson and Memb

R.19 Administrative powers of the Chairperson of Authority Section 25

The Chairperson of the Authority shall exercise the following powers, namely:-

(a) matters pertaining to staff strength, wages and salary structures, emoluments, perquisites and personnel policies with the prior approval of the Government;

(b) matters pertaining to creation and abolition of posts, appointments, promotions and confirmation of employee of Group `A' and `B' with the prior approval of the Government;

(c) acceptance of resignations of employees of Group C and D.

(d) acceptance of resignation of Group `A' and `B', employees and Member(s), with prior approval of the Government;

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

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

(g) matters in relation to grant or rejection of leave(s).

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R.20 Salary and allowances payable to and the other terms and conditions of service of officers and employees of Authority Section 28

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

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


R.21 Additional powers of Authority Section 35

(1) In addition to the powers specified in clause (iv) of sub-section (2) of section 35, the Authority may require the promoter(s), allottee(s) or real estate agent(s) to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary.

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

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

(a) withdrawn the said amounts from the account(s) maintaine

R.7 Real Estate Appellate Tribunal


R.22 Appeal and fees section 31 and 44

(1) Every appeal filed under sub-section (1) of section 44, shall be filed in Form `AAT', in triplicate, along with the following documents, namely:-

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

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

(c) an index of the documents.

(2) Every appeal shall be accompanied by a fee as specified in Schedule - III in the form of a demand draft or a bankers cheque drawn on a Scheduled bank in favour of the Appellate Tribunal.

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

(4) Where a party to the appeal is represented by an authorised person, a copy of the authorisation to act as such and the written consent thereto by such authorised

R.23 Selection of Members of Appellate Tribunal

(1) As and when vacancies of a Member(s) in the Appellate Tribunal exists or arises, or is 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 for appointment as Member(s) 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 th

R.23(a) Salary and allowances payable and other terms and conditions of service of Chairperson and Members of Appellate Tribunal Section 48

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

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

(b) the Member shall be paid a monthly salary equivalent to the salary drawn at the maximum of the scale of pay of Additional Secretary to the Government of India:

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

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

(3) The Chairperson and member shall be entitled to residential houses and vehicles as p

R.24 Salary and allowances payable and other terms and conditions of service of officers and other employees of Appellate Tribunal Section 51

(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, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are applicable to officers and employees of the Government and drawing the corresponding scales of pay.

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


R.25 Additional powers of Appellate Tribunal Section 53

(1) In addition to the powers specified in clause (g) of sub-section (4) of section 53, the Appellate Tribunal may require the promoter(s), allottee(s) or real estate agent(s) to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary.

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


R.26 Administrative powers of Chairperson of Appellate Tribunal Section 54

The Chairperson of the Appellate Tribunal shall exercise the administrative powers in respect of,

(a) matters pertaining to staff strength, wages and salary structures, emoluments, perquisites and personnel policies with prior approval of the Government;

(b) matters pertaining to creation and abolition of posts with prior approval of the Government;

(c) matters pertaining to appointments, promotions and confirmation for all posts with prior approval of the Government;

(d) acceptance of resignations by any Member(s) or officer(s) with prior approval of the Government;

(e) authorisation of tours to be undertaken by any Member, officer or employee within and outside State;

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

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

(h) permi

R.3 Offences and Penalties


R.27 Enforcement of order, direction or decision of adjudicating officer, Authority or Appellate Tribunal Section 40.

(1) Every order passed by the adjudicating officer or the Authority or the Appellate Tribunal, as the case may be, under the Act or rules and the regulation made thereunder, shall be enforced by an adjudicating officer of the Authority or Appellate Tribunal in the same manner as if it were a decree or a order made by a civil court in a suite pending therein; and it shall be lawful for the adjudicating officer or the Authority or the 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.

(2) The court may, for the purposes of compounding any offence punishable with imprisonment under the Act accept an amount as specified in the Table below:-

(1) Any aggrieved person may file a complaint with the Authority for any violation of the provisions of the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer, in Form `CRA', in triplicate, which shall be accompanied by a fees as prescribed in Schedule III in the form of a demand draft or a bankers cheque drawn on a Scheduled bank in favour of "Haryana Real Estate Regulatory 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, namely:-

(a) upon receipt of the complaint, the Authority shall issue a notice alongwith particulars of the alleged contravention and the relevant documents to the respondent specifying date and time of hearing;

(b) the respondent against whom such notice is issued under clause (a) of sub-rule

R.29 Filing of complaint and inquiry by adjudicating officer sections 12, 14, 18 and 19

(1) Any aggrieved person may file a complaint with the adjudicating officer for interest and compensation as provided under sections 12, 14, 18 and 19 in Form `CAO', in triplicate, which shall be accompanied by a fee as mentioned in Schedule III in the form of a demand draft or a bankers cheque drawn on a Scheduled bank in favour of "Haryana Real Estate Regulatory Authority" and payable at the branch of that bank at the station where the seat of the said Authority is situated.

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

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

(b) the respondent against whom such notice is issued under clause (a) of sub-rule (2) may f

R.10 Budget and Report


R.30 Budget, accounts and audit Section 77

(1) At the end of each financial year, the Authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in Form `ASA'.

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

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

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


R.31 Annual report section 78

(1) The Authority shall prepare its annual report in Form `ARA'.

(2) The Authority may also include in the Annual Report such other matters as deemed fit by the Authority for reporting to the Government.

(3) The annual report shall, after adoption at a meeting of the Authority and signed by the Chairperson and Members and authenticated by affixing the common seal of the Authority, with requisite number of copies thereof, be submitted to the Government within a period of one hundred and eighty days immediately following the close of the financial year for which it has been prepared.


Form.1 .

[See rule 3(1)]

Application for Registration of Project

To

The Real Estate Authority

Haryana_______________

____________________

Sir,

[I/We] hereby apply for the grant of registration of my/our project to be set up at _________ Tehsil __________ District _________ State __________.

1. The requisite particulars are as under:-

(i) Status of the applicant [individual / company / proprietorship firm / societies / partnership firm / competent authority etc.];

(ii) In case of individual -

(a) Name

(b) Father's Name

(c) Occupation

(d) Address

(e) Contact Details (Phone number, E-mail, Fax Number etc.)

(f) Name, photograph, conta

Form.2 .

[See rule 3(3)]

Declaration, Supported by an Affidavit, which shall be Signed by the Promoter or any Person Authorized by the Promoter

Affidavit cum Declaration

Affidavit cum Declaration of Mr./Ms. __________________ promoter of the proposed project / duly authorized by the promoter of the proposed project, vide its/his/their authorization dated______;

I, _________ [promoter of the proposed project / duly authorized by the promoter of the proposed project] do hereby solemnly declare, undertake and state as under:

1. That [I / promoter] [have / has] a legal title to the land on which the development of the project is proposed

Or

__________________ [have/ has] a legal title to the land on which the development of the proposed project is to be carried out and

a legally valid authentication of titl

Form.3 .

[See rule 5(1)]

Registration Certificate of Project

This registration is granted under section 5 to the following project under project registration number__________________:

___________________________________________________________________ [Specify Details of Project including the project address];

1. (in the case of an individual) [Mr./Ms.] _______________________________son of [Mr./Ms.]____________________________Tehsil_____________District___________State___

__________;

Or

[in the case of a firm / society / company / competent authority etc.] ______________ [firm / society / company / competent authority etc.] __________________ having its [registered office / principal place of business] at ______________.

2. This registration is granted subject to the following conditions, namely:-

<

Form.4 .

[See rules 5(2), rule 6(3), rule 7]

Intimation of Rejection of Application for Registration of Project /rejection of Application for Extension of Registration of Project / Revocation of Registration of Project

From:

The Real Estate Authority,

_______________________

_______________________

To

_______________________

_______________________

_______________________

Application/Registration No.: _______________

Dated: _______________

You are hereby informed that your application for registration of your project is rejected.

or

You are hereby informed that your application for extension of the registration of your project is rejected.

or

Form.5 .

[See rule 6(1)]

Application for Extension of Registration of Project

From:

_______________________

_______________________

_______________________

To

The Real Estate Authority,

_______________________

______________________ _

_______________________

Sir,

[I/We] hereby apply for extension of registration of the following project: ___________________________________________________________________________ ___________________________________________________________________________ registered with the Authority vide project registration certificate bearing No.________________, which expires on___________.

As required [I/we] submit the following documents and information, namely:-

Form.6 .

[See rule 6(3)]

Certificate for Extension of Registration of Project

This extension of registration is granted under section 6 to the following project: __________________________________________________________________________________________________,registered with the Authority vide project registration certificate bearing No._________________ of:-

1. [in the case of an individual] [Mr./Ms.] _______________________________son of [Mr./Ms.]____________________________Tehsil_____________District___________State_____________________;

OR

[in the case of a firm / society / company / competent authority etc.] ______________ [firm /society / company / competent authority etc.] __________________having its [registered office/principal place of business] at ______________.

2. This extension of registration is granted subject to the following co

Form.1 .

[See rule 9(1)]

Application for Registration of Real Estate Agent

To

The Real Estate Authority

____________________

____________________

Sir,

[I/We] apply for the grant of registration as a real estate agent to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in real estate projects registered in the _________State in terms of the Act and the rules and regulations made thereunder,

1. [in the case of an individual] [Mr./Ms.] _______________________________son of [Mr./Ms.]________________________Tehsil_____________District____________ _ State_______________;

or

[in the case of a firm / society / company etc.] ______________[firm / society / company etc.] __________________having its [registered office / principal p

Form.2 .

[See rule 10 (2)]

Registration Certificate of Real Estate Agent

1. This registration is granted under section 9 with registration certificate bearing No. _______ to -

[in the case of an individual] [Mr./Ms.] _______________________________son of [Mr./Ms.]____________________________Tehsil_____________District___________ State_____________________;

or

[in the case of a firm / society / company etc.] ______________ [firm / society / company etc.] __________________ having its [registered office / principal place of business] at ______________.

to act as a real estate agent to facilitate the sale or purchase of any plot/ unit/ apartment or building, as the case may be, in real estate projects registered in the _________State in terms of the Act and the rules and regulations made thereunder,

2. This registration is gran

Form.3 .

[See rule 10 (3), 11(4), 12]

Intimation of Rejection of Application for Registration of Real Estate Agent /Rejection of Application for Renewal of Registration of Real Estate Agent / Revocation of Registration of Real Estate Agent

From:

The Real Estate Authority,

_______________________

_______________________

To

_______________________

_______________________

_______________________

Application / Registration No.: _______________________

Dated: _______________________

You are hereby informed that your application for registration as real estate agent is rejected.

or

You are hereby informed that your application for the renewal of the registration as real estate ag

Form.4 .

[See rule 11(1)]

Application for Renewal of Registration of Real Estate Agent

From:

_______________________

_______________________

_______________________

To

The Real Estate Authority,

_______________________

______________________ _

_______________________

Sir,

[I/we] apply for renewal my/our registration as a real estate agent under registration certificate bearing No. _______, which expires on____________.

As required [I/we] submit the following documents and information, namely:-

(i) A demand draft / bankers cheque no._______________ dated _______________ for rupees___________ in favour of "Haryana Real Estate Regulatory Authority" ___________drawn on_________

Form.5 .

[See rule 11(4)]

Renewal of Registration of Real Estate Agent

1. This renewal of registration is granted under section 9 of the Act to -

[in the case of an individual] [Mr./Ms.] _______________________________son of [Mr./Ms.]____________________________Tehsil_____________District___________State_____________________;

or

[in the case of a firm / society / company etc.] ______________[firm / society / company etc.] __________________having its [registered office / principal place of business] at ______________.

in continuation to registration certificate bearing No.________________, of ____________.

2. This renewal of registration is granted subject to the following conditions, namely:-

(i) The real estate agent shall not facilitate the sale or purchase of any plot, apartment or building, as the

Form.AAT .

[See rule 22(1)]

Appeal to Appellate Tribunal

For use of Appellate Tribunal's office:

Date of filing: ______________________

Date of [receipt at the filing counter of the Registry/ receipt by post/ online filing]:

______________________

Appeal No.: ______________________

Signature: ________________________

Registrar: ________________________

In The Real Estate Appellate Tribunal (Name of place)

Between

______________________ Appellant(s)

And

______________________ Respondent(s)

Details of appeal:

1. Particulars of the appellants:

(i) Name(s) of the appellant:

(ii) Address of the existing office / res

Form.CRA .

[See rule 28 (1)]

Complaint to Authority

For use of Regulatory Authority(s) office:

Date of filing: ______________________

Date of [receipt at the filing counter of the Registry/receipt by post/online filing]:

______________________

Complaint No.: ______________________

Signature: ________________________

Registrar: ________________________

In The Regulatory Authorities Office (Name of place)

Between

______________________ Complainant(s)

And

_____________________ Respondent(s)

Details of claim:

1. Particulars of the complainant(s):

(i) Name(s) of the complainant:

(ii) Address of the existing office /

Form.CAO .

[See rule 29(1)]

Complaint to Adjudicating Officer

Claim for interest and compensation under section 31 read with section 71

For use of Adjudicating Officers office:

Date of filing: ______________________

Date of [receipt at the filing counter/receipt by post/online filing]: ______________________

Complaint No.: ______________________

Signature: ________________________

Authorised Officer: ________________________

In The Adjudicating Officers Office (Name of place)

Between

_____________________ Complaint (s)

And

______________________ Respondent(s)

Details of claim:

Particulars of the complainant(s):

(i) Name(s) of the co

Form.ASA .

[See rule 30 (1)]

Annual Statement of Accounts

Receipts and Payments Account

For the year ended _______________________

(In Rupees)

A/c Code

Receipts

[See rule 31 (1)]

Annual Report to be Prepared by Authority

A. Introduction:

(i) Chairman's statement:

(ii) Objectives:

(iii) Important Achievements:

(iv) The year in review:

a. Landmark decisions:

b. Legislative work:

c. Outreach programme:

(v) Capacity building:

(vi) International engagements:

(vii) Impact on:

a. Allottees:

b. Promoters:

c. Real Estate Agents:

d. Economy

B. Registration of promoters and real estate agents under the Act:

I. In relation to Promoters:

(See Rule 3(2))

Rates of Registration Fee for Promoter

(Rs. per sq. meter)

S. No.

Category of uses

See rule 9 (2) and 11(2)

Registration/renewal fee for Real Estate Agent

Sr.No.

Type of agent

(See rule 22(1) and 28(1)

Fee for filing complaint before the Authority and Appeal in the appellate Tribunal

1. Fee for filing complaint before the Authority: ` 1000/-

2. Fee for filing the appeal before the Appellate Tribunal: ` .1000/-

3. Fee for every annexure ` 10/-

4. For every additional affidavit ` 20/-

Note: Separate fee of ` 1,000/-shall be payable in case of filing of amended complaint/appeal.


Annex.A .

[See rule 8]

Agreement for Sale

This Agreement for Sale ("Agreement") executed on this __ (Date) day of ______ (Month) , 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, and permitted assigns).

[OR]

[If th


Legal Commentary on Haryana Real Estate (Regulation and Development) Rules, 2017 - Annexure A

Introduction

The Haryana Real Estate (Regulation and Development) Rules, 2017, were enacted to regulate the real estate sector in Haryana, ensuring transparency, accountability, and protection for homebuyers. Annexure A specifically addresses the model agreement for sale, which is a crucial document in real estate transactions.

What does Section Say

Annexure A outlines the standard terms and conditions that must be included in the agreement for sale between promoters and allottees. It serves as a template to ensure uniformity and compliance with the provisions of the Haryana Real Estate (Regulation and Development) Rules, 2017.

Essential Ingredients

  • Standardization: The agreement must adhere to the model format provided in Annexure A.
  • Clarity: It should clearly define the rights and obligations of both parties.
  • Compliance: The agreement must comply with the provisions of the Real Estate (Regulation and Development) Act, 2016.

Scope of Section

The scope of Annexure A extends to all real estate projects in Haryana, mandating that promoters utilize the model agreement for sale. This ensures that all transactions are conducted under a standardized framework, reducing the potential for disputes.

Punishment for Section

Promoters who fail to comply with the provisions outlined in Annexure A may face penalties, including fines that can extend up to ten percent of the estimated cost of the real estate project, as well as potential imprisonment for serious violations.

Legal Comments

  • Standardization - The model agreement for sale promotes uniformity in real estate transactions, which is essential for consumer protection. - [Source Reference]
  • Transparency - By mandating a standardized agreement, the rules enhance transparency in the real estate sector. - [Source Reference]
  • Consumer Protection - The provisions aim to protect the interests of homebuyers by clearly outlining their rights and obligations. - [Source Reference]
  • Compliance Requirement - Promoters are legally bound to adopt the model agreement, ensuring adherence to regulatory standards. - [Source Reference]
  • Penalty Framework - The penalty for non-compliance serves as a deterrent against violations, promoting adherence to the rules. - [Source Reference]
  • Legal Recourse - Allottees have the right to seek legal recourse in case of violations of the agreement, enhancing consumer rights. - [Source Reference]
  • Dispute Resolution - The rules provide mechanisms for resolving disputes arising from the agreement, ensuring timely justice. - [Source Reference]
  • Regulatory Oversight - The Haryana Real Estate Regulatory Authority (HRERA) oversees compliance with these rules, ensuring accountability. - [Source Reference]
  • Impact on Developers - Developers must ensure that their agreements are compliant, which may require legal consultation and adjustments to existing contracts. - [Source Reference]
  • Market Confidence - The implementation of these rules is likely to boost consumer confidence in the real estate market. - [Source Reference]
  • Long-term Implications - The standardization of agreements may lead to a more organized real estate market in Haryana, benefiting all stakeholders. - [Source Reference]
  • Legal Clarity - The model agreement provides legal clarity, reducing ambiguity in contractual obligations. - [Source Reference]
  • Enforcement Mechanism - The rules establish a clear enforcement mechanism for addressing violations, enhancing regulatory effectiveness. - [Source Reference]
  • Promoter Accountability - The rules hold promoters accountable for their commitments, fostering a culture of responsibility in the industry. - [Source Reference]
  • Consumer Awareness - The standard agreement serves as a tool for educating consumers about their rights and obligations in real estate transactions. - [Source Reference]
  • Adaptability - While the model agreement is standardized, it allows for certain adaptations to meet specific project requirements, providing flexibility. - [Source Reference]
  • Legal Framework - The rules are part of a broader legal framework aimed at regulating the real estate sector in India, aligning with national standards. - [Source Reference]
  • Future Amendments - The rules may be subject to amendments based on market dynamics and consumer feedback, ensuring they remain relevant. - [Source Reference]
  • Role of HRERA - The HRERA plays a crucial role in monitoring compliance and addressing grievances, reinforcing the regulatory framework. - [Source Reference]
  • Encouragement of Best Practices - The model agreement encourages promoters to adopt best practices in their dealings with allottees. - [Source Reference]

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