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Brg ET au [oe Registered No-T6E97 orate EXTRAORDINARY aie ae ya Gat ales PUBLISHED BY THE AUTHORITY GOVERNME ORDERS BY THE GOVERNOR URBAN DEVELOPMENT DEPARTMENT The il May, 2017 UDD(T)92/2018/269.- In exerese ofthe powers conferrd by Section 84 res with sub-clause {iv) of clause (g) of Section 2 ofthe Real Estate (Regulation and Developmen) Act, 2016 (No. 16 of 2016), the Gowsenor of Assan is horohypleacd to mike th fllawiag rule for the State of Assam, amly CHAPTER PRELIMINARY 1, Short ile and Commencement (¥) These rules may be called the Assam Real Estate (Regulation and Develoomert) Rules, 2017, (2) They sbal come into free onthe date oftheir publication in the Official Gazette 2 Definitions ~ (1) ln these rules, unless the context otherwise requites,- (0) "Ac means the Real Estate (Regulation and Development) Act, 2016 (No. 16 0f 2016); (b) "Amexure” means an shnexure appended to these rules; (c) “authenticated copy” shall mean a selF-ttested copy of any document required 10 be provided by any person under these rl (4) "Form means a form appended to these rule (6)“sppropriate goverment” means the Goverament of Assia: (8 “layout plan” means a plan ofthe project depicting the division or proposed division of land into plots, roads, open spaces, amenities ete and other details as may be necessary; 176 ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017, (2) “project land” means any parcel or parcels of lind on which the project is ‘developed and constructed by v promoter, (8) “section” means a section of the Act. (2) Words and expressions used herein and not defined, but defined in the Set, shall hae the same meaning respectively assigned fo them inthe Act. CHAPTER ME REAL ESTATE PROJECT Information and documents to he furnished by the promoter for registration of real estate project.- (1) Tee promoter shal farish te fllosing aden] infenation snd documents ary sith thse ses under the relevant sexton af the Ac, for egistration of te rl ‘se projet with he epatry shorty, namely (a) asortistesd cony ofthe PAN cord the proseter (6) aanual report inotoing audited prof and loss scsoun, bolanee shes cosh ow Halaman, cnecore rept and the alors report of the promoter foe the inal ey receding che financial years, and where stat roprt is ot avalale, te suited Profi an oss account, balance st, cach Bow saterert and te audios report a the Moin forthe iemeditely preci thee Rae years {e) thenuniber open, covered, semen, parking aos avila inthe at el ete proieet (@) sutensex ‘his developments priposed to be develop slong with pay vad documes wih suthonttton of wih a suck an sed by anor porson (6) the dst of eocaminances on the ld on which developmen! of projet is eapomst inching datas of any nl, interes, dues igaten and name of partyin or ‘seh ind or ninsencurhc cient hraugh an adNocate Hom the tevenueautoriy no els he rin of Citle Officer he ease ay be copy of he eg tile deed teeting te tle ofthe preter othe ado 1) where the promoter is no the owas of the Land Which devetopset af projet is propos desis ofthe eoesen of the ower of the land alongwith a eopy of te Cilaberation sgscesen, development agrsmcn, joint development agreement ot ay ‘other preement, a he case my be, ened into between the pomster and seh on: tnd copies of tie and olter dhvamentseflcting the file of ch owner onthe lad eo wh projet is proposed to be developed (g) nam, photograph contac dts ani eens ofthe promoter Fit sun Hnvidl and the name, photograph, contact deta aid address of he chsinnan, pater, dieotvs 16 ‘te case maybe, andthe authorised person incase father ees (2) The apliaion referred in sbseton (1) of tin 4 shail be made im writing 35 pr Frm °A!, which sll be sited in triste, wal ho appiaton procedure i made ‘web asada provid unde subsection (3) of section othe Act, (3) The promote hl pay areitation fee abe time af application for registration by sy ‘ofa demand dat ora bakers chasue dwn on any scheduled atk or though ening payment nods, asthe case my be, fora su calclatedat the ate THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 um (4) in cae oF group housing projet Five rapeos por square mtr for projects where the wea ‘of land peoposal to be developed does not exceed one thousnd square mites or REE per square meter fr prejests whore the aca of lind proposed tobe developed exceeds ne ‘thousand square meters, but shall not be mare than Ave aks rupees, (6) in case of mined development eskentil and commer proj fn rapes po sare eter for press where the aca of land proposed tn be develope does not exceed ee ‘hosand square meters; or fitesn rupees per square meter for procs where the area of ld proposed fo fe developed exceeds one thostand square meters, but shall not be moe tan seen aks pees (@)in cate of eommercal projets vemy rpoos per sspare meter for projects where tho are of land propose to be developed does nt exceed ave thovsand! square mer; orWweHky five ripcs per square meter fr projets where the area of land proposed to be devehget xen one thousand sare meters, bu shall at Be ore than tn AS pees (Gd) in case of plotted development projects five apes per sure mete, but shall not be sone than aks ruses, (4) The docaation 1 be submited under else (of sub stein (2) of sation 4 ofthe Ast stull be a per Fon °S', which shall include «dovaraton sting tha the pre shall not discriminate against any allo athe tne of allotment of any apartment, pot or bailing 5 he case may he, (5) ln case the promoter applies for withdrwal of application fr regaraion of the pst before the expiry of the period of 30 days provide under subsection (1) of ston 5 _eication fot tho extent of en peront pid under snes 3) ehove, or rupees ity thoasad whichever more, shall be rcainad as processing foe by the regulary shorty an te emaiing amount shall be zfunded othe prowter within thirty days fiom the dite of such withdrawal, 4 Discosuee by promoters of ongoing projets- (0) Upon the aotifet ‘comencement of subsetin (1) of section 3, promotes of all ongoing projects which have ot received cecupancy eartifcate stall, within de ime spilled Inthe said subsostio, ‘make an application tothe Revlatory Autor in the form and mance povided in re 4 (2) The promoter shal diseose all project deals as reauirad under the Act and the les regeltiors made thereunder, including the staus ofthe peoect and the extent of completion incloging original sanetioned plan, layout plan snd specification and suboaut rmodiiations cand ow, if any. The promoter shall disclose the orginal tie pend section (2) oF scion 4th land cot sal be the eet incurred by the promote, whether aban ough purchase, lease charges ete(2) For the purposes of sub-clause (D) of eluse () of sulbetion (2) of section 4, the constton cost hall be the cast incurred bythe promote, toward the omit expendire fo the physical development ofthe project 78 XTRAORDINARY, MAY 9, 2017 Grant or rejection of registration of the projeet~ (1) Upon the registration of a project as per section 5 read with rule 3, the Regulatory Authority shall issue & registration certicte with a registration sumber as per Fort ‘C” othe promoter, {@) In case of rejection of the application as per sevtion 5, the regulatory suthoriyy shall inform the applicant as pet Form "D Provided thatthe Authorsy may grant an opportunity to che spplicst to retiy the defects inthe application within suc times thatthe Authority specifies. Extension of registration of the project (1) The registration granted under setion 5, may be extended as per section 6, on an application made by the promter in Form -E' which shall aot be fess than three months prior io the expiry of the registration ranted, (2) The application for extension of registration shall be secompanied with @ demand eat or a baakers cheque drawn om any scheduled bank or through online payment ‘node , asthe ease may be for an amount equivalent to half the registration fee as ‘presceited under sub-rle (3) of rule 3 along with an expranatory note setting aut the reasons far delay in the completion of the project and the need for extension of registration forthe project, along with documents supporting such reasons Pravided that where extension of registration is due to foree majeure the regulatory authority-may at its discretion waive the fee for extension of registration (6) Extension of registration of the project shall not be beyond the period provided as per laa laws Zor completion of he project or phase thereof, a the ease may be. (2) In case of extension of registuton, the regulatory authority shall inform che promoter about the same as per Form ‘F” and incase of reection ofthe application for ‘extension of registration the regulatory authority shal, alter giving an opportnity to ‘the applicant 1 be heard in the mute as per second proviso of section 6, inform the promoter about the same as per Fon D" Revocation of Registration ofthe project- Upon the revocation of rgisimation ef a project as per setion 7 the zegultory authority sall inform the promoter about sich revocation a pee Form ‘D’ ‘Agreement for sale (1) For the purpose of sub-section (2) of section 13, the agreement for sale shal be in the form as per Annexure ‘A @) Any pplication fetter, allotment leer or any other document signed by the allote, in respect of the aporiment, plot or bulking, prior to the execution and ‘egstration ofthe agreement forsale for such apartment, plot or building, a the ease may be, shall not be construed to limit the rights and interests ofthe allocee under the agreement forsale ot under the Act othe rules othe regulations made Uneeundes. W aL “THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 uy CHAPTER UE REAL ESTATE AGENT Application for Registration by the real estate agent (1) Every real esate agent required o register as per sub-section (2) of seetion 9 of the Act shall make an pplication in writing to tte Regulatory Authority as per For “G” along with the following documents, namely:- (@) brief detais of his enterprise inching its name, registered address, type of enterprise (proprztorship, societies, partners, companies ee): (©) paniculars of registration inluding the bye-laws, memorandum of association, articles of association etc. as the ease may be: (©) photograph of the realestate agent if isan individual and the photograph of the panes, directors eto. in ese of other ents; (@) authenticated copy ofthe PAN card, () income tax renums filed under the provisions of the Invame Tax Act, 1961 lor three financial years preceding, che application or in case the applicant was exempted from fling returns under the provisions ofthe Income Tax Act, 1961 for any ofthe three year preceding the application, a declaration to such effect, (© autteoticated copy ofthe address proof ofthe place of business nd (2) such other information and documents as may be specified hy regulations, (2) The real estate agent shall yay a registration fee atthe time of application for repisintion by way ofa demand draft or a bankers cheque or through online payment mode, as the case may be, drawn on any scheduled bank, for a Sum of rupees toa shousand in case ofthe applicant being and individual; or rupees fy thousand in ease of be applicant being anyone other than an individu Grant of Registration to the real estate agent. (1) Upon the registration of a ral sate agent as per section 9 read with rule 10, the Regulatory Authority shall ssae 1 registration certificate with a registration oumber as por Form "A" to the real este ‘gent @) In case of rejection of the application as per section 9 the Regulatery Autority shall inform the applicant as per Form per 8 ue 18 180 {THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 (G) The registration granted under this rule shall be valid fora peri five years. Renewal of registration of real estate agent (J) The registration granted under scion 9, may be renewed a5 pee seeton 6, on sn application made by theres estate ‘agent in Form “D which shall not be less than three months prior 10 de expity of the registration grand (2) The application for cenewol of registration shall be accompanied with a demand dat ‘or bonkers ches or thoh online payment mode, a the ease may be, drawn on any scheduled bank. foe 2 9um of ropes five thousand incase ofthe veal esate agen bring 4 individ ot rpees fifty housund in case ofthe realestate agent being anyane cher than a individual (G) Tae ce estate agent shall also submit all the updated deumont Set cut in causes {a) 0 (0 of rule 10 a the time of application for renewal (4) tn case of renewal of repstatin, the regulatory authority shall infoem the reat estate agent about the size as pee Form °K" an in case of rejection ofthe appiction {or renewal of rejsation te regulatory authority, shall inform the rel estate agent as Foot Provided that no application for renewal of regisaton shall bo rejected unless the applica hasbeen given sn opportunity of beng heard in the mane, (5) The renewal ofregisation of the realestate agent sll be granted proved tha che realestate agen rains in compliance withthe provisions of the Aet and the res and regulations made thereunder, (6) The renewal ranted under this rule shal be val or «period five years Revocation of Registration of realestate agent.The Regultory Autoity may, due te reno perfil ander evhsectin (7) of section 9 evoke te rexistraion grand the realestate agent or renewal therof, a5 the ease may be, and intimate the rel tate agent of such rvacetion a pee Form [Maintenance and preservation of books of accounts, records and documents The real estit agent hall maintain and preserve books of account records and documenl in sccordance with the provisions of the Ineome Tax Act, 1961( 43 of 196), as amended fom time to time, and les made thereunder. ‘Other functions of a realestate agent The realestate agent shall provide asitnee to ofable the allotee end promoter t exercise theie respective rights ant full “ir respective obligations at the Gne of booking and sale of any plot, apuriment oe building, a he ease may be. CHAPTER IV DETAILS 10 BE PUBLISHED ON THE WERSITE OF THE AUTHORITY 16, Details to be published on the website (1) For the purpose of clause (bof setion 54, the regulatory authrity shall ensure that the following information shall be made available on its website in espeot ofeach projet repstre ‘THE ASSAM GAZ EXTRAORDINARY, MAY 9, 2017 ust (0) Deus ofthe promoter including he following (Developer ox Group Profile: (A) a brit del of his enterprise including its name, registred address, type of ‘enterprise (proprietorship, limited lability partesship, society, partnership, compary, competent authority) and the paticulars of registration and in case of a newly ‘ncorporsed or registered entity, brief detalls ofthe of the parent entity including its name, epistered address, type of enterprise (proprietorship, societies, limited laily Partnership, partnership, companies, competent authority (B) background of promoter- educational qualification, work experience and in case of # newly incorporated or registered entity work expecience of the parent enti. i) Track recond of the promoer (A) umber of yeas of experince ofthe promoter or parent entity in real este soustretion in the slateluain territory; (By number of years of experience nf the promoter or parent entity in eal este «onstruction in other states or union tenitoies (©) number of completed projects nd area constrcte til date; (D) ursber of ongoing projects and proposed are tobe constructed: (E) details and profile of ongoing and completed projects forthe last $ years as provided under clause (4) of sub-section (2) of section & (Gi) Liigaivos: Details of past er ongoing litigations in relation to the real oxtite project (is) Website: {8 wb fink to th developer or group websites (8) so link to the project wet, (©) Details ofthe real estate project including the following: ©) Compliance and registration: (4) authenticated copy of the approvals and commencement certificate from 8 ‘competent authority as provided under clause () of sub-seetion (2) of sooton (B) the sanctioned plan, layout plan and spovifications ofthe project or te ‘hase thereof, andthe whole project as sanctioned by the compotent authority as provided under clause (Q) of sub-section 2) of section 4, (©) Detils ofthe registration prasied bythe Authority (Gi) Apatisent and garage related details: (A) Deuails of the number, ype and expet area of apartments forsale in the projet as provided under clause (h) of subsseston (2) of section 4; (B) Deuils of the number and areas of garage forsale in the project as provided under clase (1 of sub-section (2) of section 4; (©) Deuils of the number of open parking areas available in the real estte Project. @ ® 182 THE ASSAM GAZETT EXTRAORDINARY, MAY 9, 2017 (Gi) Ropistered Agents: Names and addresses of realestate agents as provided unser clause () of sub-section 2) of section 4 Gv) Consultants: Detail, including name and addresses, of contractors, architect end structural engineers and other pessons concerned withthe development of he zeal estate praject as provided under clause (k) of sub-section (2) of sector 4, such as (A) Name a adress ofthe firm {B) Names of promoters (©) Year of establishment (D) Naroes and profile of key projets completed (©) Location: the location details ofthe project, with clear demarcation of lant edizated for the project along with ils toundaries ineluding. the Jesinde and Fongitude of the end points of the projet as provided unter clause () of sub-section 2} of section 4 (i) Development Pl (3) The plan of development works 1o be executed in che proposed project and the roposed facilites 19 be provided thereof including fre Sighting facilites, inking, water faites, emergency evacuation services, use of renewable ‘energy ot, 98 provided under elase (c) of sub-section (2) of section (B) Amenities: a detailed note explaining the ssient features of the proposed project including access to the project, design for elecric supply including svest lighting, water supply arrangements and site foe disposal and IMeatmeat of storm and sullage water, any other tectties and amenstes oF ‘public bealth services proposed to he provided in the pojests (©) Gantt Charts and Project schedule: the plan of evelopment works to be ‘executed inthe project sad the devils of the proposed facilities to he provided thereof, Finaneals of the promoter: (authenticated copy of the PAN card ofthe promoter (i) autied balance sheet ofthe promoter forthe preceding financial yeur and income tax reums of the promoter for tree preceding financial years and in ease of a newly incorporated or registered entiy annual returns of the last 3 nancial years of the parent en. ‘The promoter shall upload the following updates on the webpage for the projet, ‘within seven days stom the expiry ofeach quarter: @) List of number and types of aparements or plots, asthe ease may be booked (i) List of mamber of garages hooked, (i Stata ofthe projec: (A) Status of construction of each building with photographs; (B) Stans of consrution ofeach floor with photographs; (©) Status of construction af itera inasitcture and common areas with photographs (iv) Stars of approvals: (A) Approval received: (B) Approvals epplied and expected date of receipt, (C) Approvals to be applied and date planned fr aplication, (D) Modifications, amendment or revisions, iF any, issuad bythe competent authority with ropard to any license, pemnt or approval forthe projet (©) Downloads: (Approvals (4) No Objection centticates Consent te Establish and Operate; Environmental Clearance: Fire NOC; -Beemission from Water and Sewersge deperment; “Height clearance fram Airport Authority of india; “Suh other approvals as may be required and obtained forthe project. (B) Authenticated copy ofthe Hcense or land use permission, building sanction plan and the commencement certificate ftom the competent authority obtained in sevurlsice wilh tie lane epics for the peoject, and whese the project in proposed f© be developed in phases, an authenticated copy ofthe license or land use permission, bulng santin plan and the commencement crificate foreach of such phases, (©) Authenticated copy of the site plan or site map showing the location of the prcjct land along with names of revenue estates, survey numbers, cadastral numb, -khasra numbers and area of each parcels ofthe project Jand; (OD) Authericatod copy ofthe layout pan of the projector the phase thereof, and als the layout plan of the whole project as sanctioned by the competent authority) Floorplans for each tower and block ineluding clubhouse, amenities and (F) Any other permission, approval, or Hisence that may be required under appliesle (G) Authenticated copy of oceupaney certificate and completion eemitiateineding its application i Legal Documents: IA) Details including the proforma of the application fon, allotment leter, sgreement for sale nd the conveyance deed nas THE ASSAM GAZETTE, EXTRAORDINARY. MAY 9, 2017 (B) Auihentested copy ofthe legal tle deed reflecting the te ofthe promoter 0 the land on whic development is proposed to be developed along wit legally valid documents with authentication of sixh il, i such land is owned by soother persia: (©) Land Title Search Report from an advocate having experience of atleast ten years in fand related mates; (D) Dewils of encumbrances on the land on which development is propesed including any righ, cide, imenest er name of any pany in or over sueh land slong wih Jets oF no encumbrance certiicate rom un advocate having experience of at- lees en years inland related mater; () here the promoter is not the over of The land on whieh developmen is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, a5 the case may be, entered into between the promoter and such ‘owner und copies of tile and other documents reflecting the tile of such owner or the Jd proposed to be developed: (Sanction letters: From banks for constustion finance; rom buaks for home loan tie-up, (8 Consect details: Contact adres, eontset mimbers ad emiide ofthe promoter and ober officials handling the project. () Steh olber documents of information as may be specified by the Act or the rules and regulations made thereundes. (2) For the purpose of clause (¢) of section 34, the regulatory authority shall maintain @ exahase and nsuce that the information specified therein shall be made available or its ‘website in espect of eech project revoked or penalised. as the case may be. (@) For the purpose of clause (4) of section 34 the regulatory auborty shal! ensure tha the following infomation shall bs made available on its website in respect of each realestate agent registered with i or whose application for registration has boon rejected or revoke: (a) Por real este agents registered with the Authority (i rgisteation number and the period of validity ofthe registration ofthe real esate agent withthe regulatory authority, (i) brief details of his enterprise including its name, registered address, ‘ype of enterprise (propistership, societies, partneeship, companies ee: (it) particulars of regiszation including the bye-laws, memormdum of essciaion, antcles of asosiaion ete. asthe case mas be; (Gv) photograph ofthe realestate agent fit sand individual and the photograph ofthe patmers, directors etc n ease of ater persons (9) authenticated copy of the PAN cards fiom EXTRAORDINARY, MAY 9, 2017 iss (Income tax returns fled under the provisions ofthe Income Tax Act, 1961 for ttyoe financial years preceding tbe appleaton or in case the applicant was exempted ing returs under the provisions ofthe Income Tax Act, 1961 for any ofthe three year preceding the application, delartion to such effect; 1" (ii) authenticated eopy of the addwss proof of the place of business and the contact addres, contact umbers and email-ids of the real estate agent and other offiils responsible (0) Ta case oF applicants whose aplicain for registration as areal estate agent hve heea rejected or real estate agents whose registration has been revoked by the regulatory authority (@) repiswation number and the period of validity ofthe registration of the real estte ‘agent with the regulatory authority (WG) bret details of his emerprise incladine its name, regintercd adress, ype of enterprise (proprietorship, societies, partnership, companies ee.) iy phocograph of Une rel estate agent if sand individual and she photograph of | {ie partners, dirctors et. incase of other persons (6) Such other documents or information as may be specified by the Actor the rules and regulations made thereunder. (4) The Authority shall maintsin © back-up, in digital form, of the contents af its \websito in tere of thie ro, and anguro that euch Back-up is updated on the lst day ofeach month, CHAPTER Y RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND. ‘TIMELINES FOR REFUND Rate of interest payable by the promoter and the allotee~ The cate of interest payable by the promotse tothe alletee or by the allots tothe promote, as the case may be, shall be the Slate Bank of India's Marginal Cost of Lending Rate plus two percent Provided tha in ease the State Bank of India's Marginal Cost of Lending Rate is notin use it would be replace by such benchmark lending rates which the State ‘Bank of India may fix fom time to time for lending othe general public 1186 ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 18. a a ‘Timelines for refund.- Any refund of monies along with the applicable interest and compensation, if any, pavable by the promoter in terms wf the Act ot the rues and regulations made thereunder, shall be payable by the promoter to the allotee within forty-five days from the date on which sech refund along with applicable fnserest and compensation, if any, becomes due. ‘CHAPTER VI REAL ESTATE REGULATORY AUTHORITY 19, Manner of selection of chairperson and members ofthe Authori Asand when vacancies of Chairperson ar a Member inthe regulatory authority eist, arse, oF ae likely to arse, the eppropriate Government may make a reference to she ‘Selection Committee in respect of the vacancies to be ed (2) The Selection Committee may, fr the purpose of seleton ofthe Chaimperson ct @ Menober of the regulatory surly Zllow such procedure as deemed fit including the appointment ofa search committe consisting of such persons as the Selecton Comittee considers appropriate so suggest a panel of names possessing the requisite qualification and experince and suitable for being considered for appointment as Chaimerson or Member of the regulatory authority (2) The Selection Commitee shall select ‘wo persons for euch vacancy and ecomimend the same tothe appropiate Goverment (4) The Selection Commtton shall make its recommendstion to the appropriate Goverament within 0 petiod of sixty days Som the date of reeence made wnler cub eae), (5) The appropriate government shall within thisty days flor the date of the recommendation by the Selection Committe, appoint one of the two persons recommended by the Selcetion Committee for the yacaney of the Chairperson or Member, asthe ease may be 120, Satary and allowances payable and other ferms and conditions of service of Chairperson and Members of the regulatory authorty.- The slaies end allowances payable the Chairperson and Members of the regulatory auhrity shall bes follows: (@) The Chairperson shall be paid a consolidated monthly salary of two lakh Fy ‘howsand rupees a thy shal not he entitled to any allowance relating 0 house and eho; (8) The wholetime Member shall be paid a consolidated monthly salary of ovo kh rupees and they shal not be enced to any allowance relating to house and vehicle; (6) Every parttime member, who i nota servant of the Government, shall be paid & sining fee for each day he attends the meetings of the regulatory authority’ a8 may be ‘deermined by the appropriate goverament, from time to time and they shall not be cle to any allowanee relating to house and vehicle. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 us? (2) The Chaieperson and every ther Memtser shal be entitled fo thirty days of eae {G) The other allowances and conditions of service of the Chaiperson and the whele- Time Member shall be as per sotifiation issued by the appropriate government from time to time. 21, Administrative powers ofthe Chairperson of the regulatory authority ‘The administrative powers of the Chairperson of the regulatory authority shall incde snaking decisions with regard to the following (2) all mates genaining to salt strength, wages and salaries structures, emoluments, exquisite and personnel policies; (all matters persaining to creation and abolition of posts; {all mater peraining wo appointments, promotions and confirmation for all posts (4) acceptance of resignations by any Member, officer or employees {) officiating against sanetioned poss: 4D authorization of tours to be undertaken by any Member, officer or employee: within ond outside nia ans allowance to be granted forthe vam {gl matters in elation oeeimmbarsemeat of medical claims; ‘all mater in elaton to grant or rejection of leaves. (i) permission for iting of vehicles for ofl use; (() nominations for attending seminars, cunferences and taining courses in Inia or broad s (6) permission for invitation of guests to carry out taining couse; {all maces pertaining 0 staff welfare expenses {a} sanction Scrapping of wrte-ott ol eaptalasfets which due to normal wear and tearhave become unserviceable or are considered Beyond economical repairs; {on} all matters relating to disciplinary ostion against any Member, officer or ensployee (6) any cather powers that may be requied fer the efficient functioning of the Authority and enforcement ofthe provisions of the Act an these Rules. 22, Salary and allowances payable and other terms and conditions of service of the ficers and other employees of the regulatory authority and experts and consultants engaged by the regulatory authority. (1) The conditions of service ofthe offers and employees ofthe Authority and any oer 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 Feyulated in accordance with sch rules and regulations as are, fom time 10 time, pplicsbie to officers and emplayess ofthe appropriate Government and draving the corrsponding sales of pay (@) Consultants or experts that may be engaged by the Authority iss m4, THE ASSAM GAZETTE, EXIRAORDI RY, MAY 9, 2017 (@) shall be paid a monthly honorarium as may be determined by the aporoprine Government from time to time: (@) the consultant or expert shall not be deemed to he regular members of the st bome on the establishment ofthe Authority: (6) the consultant o¢ expert may be appointed fora tenure of one year, extendable on year to year basis, (@) the terms of thei appointment may be terminated hy the Authority by serving one ‘months tice (3) The appropriate govemment shall ive power to relax the provisions of aay of ‘hese miles in respect of any class or eategory of officers or employees or consultants and expens, asthe case may be. Functioning of the Authority. (1) The office of the repulatory sshorty shall be located at such plave as may be determined by the appropriate Gaverament by rifcation, (2) The warking days and office hours ofthe regulatory authority shall be the same as hat of the eppnopeate Government. (3) The oficial common sel and emblem of the rgulstory authority shal be such ay ‘he appropriate Government may speci. (4) Every notice, order and seston of the Authority shall Dear the seal of the ‘Authority ovhich shall bein custody withthe pewson designated by the Chairperson, Additional powers of the Authority (1) In addition tothe powers spit in sub- section (2) of section 35 the regulatory authority hall have the following sédtionst powers () reuite the promote, sllotce oF real estate agent to famish in waiting steh information cr explanation or produce such documents within suck reasoosble tn, as iimay deem necessary; (b) requisitioning, subjet to the provisions of sections 123 snd 124 of the fndian vidense Act, 1872 (1 of 1872), any public record or document or copy of sich record or document fren any ofc (2) The regulatory authority may cll upon such experts or consultants from the feds fof economies, commerce, accountaicy, real estate, competition, construction, architecture or engineering of fiom any otter discipline as it deems nevessery. 19 assis the regulatony authority inthe conduc of any inguiry or proceedings bere i (6) On receipt of the applietion in preseribed form and complet in all respects unr section 4 read with rle 3 for eegisraion ofa project, the Authority may review ‘documents submitted along with the appliation under rule 3 and enguite, fer ino the following meters and such other matters, as it may consider nevessiry, prior 2. @ THE ASSAM GAZETTE, EXTRAORDINARY, MA\ 2017 1s {o grant of registration within the time prescribed under sub-section (1) of section 5, aml (a) the nature of rights and interest of the promoter tothe land whieh i proposed to be developed; () extent and location of are of land proposed tobe dovelepods (c) layout plan ofthe projet: |g) Simsreial, technical and managerial capacity of the promoter to develop the project, {) plan cogacding the development works wo he executed inthe project and (Spoonfermity of development ofthe proest with neighboring areas (4) The Authority may in the inerest ofthe allies, enquite imo the payment of amounts imposed as penalty, interest or compensation, paid or payablo by the promoter in onder 1 ensure thst te preole has not (a) withdraw she said amounts from the account saintained ns provided under sub- clause (D) of elause() of sab-section 2) of setion 4; oF (6) sed any amounts paid to such promoter by dhe allotes forthe that eal estte Project for which the penalty, interest or compensation is payable, or anyother ral estate project, {) recovered the aniouats pai as penalty ine or compensation from the allotees ofthe relevant real estate projet or any oer real estate project. Manner ot recovery of interest, penalty and compensation.» Subject tthe provisions of sub-section (3) of section 40, the recovery of the amounts dae as sarears of land revenve sal be caried oui the manner provided in local laws Manner of implementation of order, direction or decisions of the adjudicating ‘officer, the Authority or the Appellate Tribunal For the purpose of sub-section of section 40, every onder passed by the adjudieting officer, regulatory authority 0: Appellate Tribunal, as the case may be, under the Act or the rules end replations smade thereunder, shall be enforced by the adjudicating ofier, regulatory authority {he Appellate Tribunal in the sare manger as if it were a desee or onder made by the Drincipa civil court a sit pending therein sit shall be Law forthe adjusting office, regulatory authority or Appellate Trlounal, as the case may be, in he event of is inability to execute the onle, send such order tothe prine to execute such order either within the local limits of whose jursdition the realestate projects located o in the principal civil court 190 1 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 2, wvithin the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or caries on busines, or personally works for gain. (CHAPTER VIL CENTRAL ADVISORY COUNCIL, ‘Manner of giving effect tothe recommendation of the Central Advisory Council~ (1) Purguan ots establishment as per eub-setion (1) of section I ofthe Ac: the Central Advisory Couneil shall, at such intervals as it may deem oecessry.rsok recommendation onthe matters set ou in sub-section (1) of section 42 ofthe Act, (2) The Central Advisory Council shall prepare deuft recommendation and invite ‘comments on the same Som stakeholders, expets, civil society ee (3) Upon recept of comments on the draft recommendation as per sub-rle (2) the Central Advisory Council shall finalize ts recommendation after incomporating suck ‘comments a it may deem appropriate and refer the same tothe Central Goverarent, sho ahall have the authoity= (a) to aceopt such recummendation in entirety, (@) to acoept such recommendation With such amendments as it may deer fit and propel: {o) to sefer ack such recommendation 10 the Central Advisory Couneil with its somments for consideration {@) w reject such recommendation (4) Pursuant to qoosplance of the recommendovions or pat therenf de Cenral Government may share the recommendation of the Cental Advisory Couneil with the appropriate Government of States and Union Teriories with Legislarre for further necessary action to give effet fo the sa revomsnendation, (6) Aa regaids, the Union tenitores without Legislature, the Centtal Goverament imag, i€ it dooms ft, by notiicaion, make rales to give effect 19 such recommenstations of the Cental Advisory Council ‘CHAPTER VI [REALESTATE APPELLATE TRIBUNAL Form for filing Appeal and the foes payable~ (1) Every appeal filed under sub section (1) of section 4 shall be accompanied by a fe of rupees one thousand in the form of s demand draft or trough bankers cheque ot through online payment. the case may be, drawn on a nationalized bank in Favour of the Appellate Tribune ant 2», ASSAM GAZETTE, EXTRAORDINARY, MA\ 2017 ut ‘payable atthe main branch of that Bank atthe station whore the seat of the sid Appellate Tlbunal is stuted (©) Every appeal shal be filed a per Form ‘L? along with the following documents (8) An atestod true copy ofthe order against which the appeal is (led; (0) Copies ofthe documents rlicd pos by the appellant and referred to in he appel; (6) Anindex of he documents (5) Proce for Filing the appt shall he desided by the Apple Tene ‘Manner of selection of members of the Appellate Tribus (1) As and when vacancies of a Member in tae Appullate Tabunal exist of arse. of fe likely to arse, the appropviate Government may make @ reference to the Selection Committe in respect ofthe vacancies tobe filled (2) The Selection Commitee may, for the purpose of selection of the Member ofthe ‘Appellate Tribunal, follow such procedure a deemed fit inclading the appointment of 1 search committee consisting of such persons as the Selection Committee eonsicers sppropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appoiniment as Member of the Appellate Tribunal @) The Selection Commitee stall select two persons for each vacancy and recommend the stm othe appropriate Government, (@) The Seleeion Comeritee shall make its recommendation 10 the approprste Gourmment within a period of int days ftom the date af refrxence male nner sub-ale (1). (8) The appropriate government shall within thirty days from the date of the recommendation by the Seletion Committe, appoint one of the 60 persons recommended bs the Selection Comittee for the vacancy of the Member. Salary and allowances payable and ether terms and conditions of service of Chairperson and Members of the Appellate Triby (1) The salaries and allowances payable to the Chairperson ard Members of the Appellate Tibunal shall be as follows (0) The Chairperson shall be paid a monthly salary equivalent fo the lst drawn salary by sch person, asa Judge of @ High Cour; (b) The wholestime Member shall be puid a monthly salary equivalent ro dhe lst raw sulary at the post held by such person, prior to is appointment as a Member ofthe Appellate Tribunals ah cTRAORDINARY, MAY 9, 2017 () Every flltime Member, whois nt a servant ofthe Government, shall be sid monthly slary equivalent othe Principal Secretary to the Goverment af Assam: (a) Every part-time Member, who is nota servant of the Government, sball be paid 2 siting fee tor each day he attends the meetings ofthe Appellate Tribunal as may be determined by the appropriate overnment, from time to time. 2) The Chairperson and every other Member shall be end to thity days of aed leave for every year of service £6) The other allowances and conditions of service af the Cheisperson and the whole- time Member shall be as per notification issued by the appropriate government fom time to time, Procedure for inquiry ofthe charges against the Chairperson or Member ofthe Authority oF the Appellate Tribun (1) Inthe event ofthe appropriate Government becoming avare of occurence of any ‘ofthe clreumstances specified in clause (d) or clause (e) of sub-section (2) of section 26 in case of a Chairperson or Member of the regulatory authority or as specified Under sub-section (1) of seston 49 in case of a Cheiepersen or Member ofthe Appellate Tribunal, by roca os complaint inthis regard suo mot a5 the sase say be, the appropriate Goverament shall make a preliminary soratny with respect to such charges against the Chairperson or any Member ofthe reguatery authority or Appellate Tribunal, as the ease may be (2) if, on pretiminay serutiny, the appropriate Government considers it necessary 10 Investigate into the allegation, it shall place the complaint, if any, together with supporting suaterial as may be available, before a Faye ofthe High Cour. (6) The appropriste govemment shall forward tothe Judge, copies of {@) the statement of charges against che Chairperson or Member of the regulon? authority of Appellate Tribunal, as the ease may be; and {&) material documents relevent pth inguiny {@) The Chairperson or Member of the Authority or Appellate Tribunal, as the case ray be, shall be given a easnnahle opportunity of being heard with respoet to the ‘charges within the time period as moy be specified inthis bohal? by the Judge (5) Where it is alleged that the Chaiperson or Member Appellate Tribunal is unble tw discharge the duties of his office eicienly due to any physical or ments 2. 33 3h. {TVIE ASSAM GAZEVTE, EXTRAORDINARY, MAY 9, 2017 a9 incopacity and the allegation is deuied, the Judge may strange for the medical ‘examination of the Chairperson or Member ofthe Appellate Tribunl, (6) After the conclusion of the investigation, the Judge shall submit his report tothe appropriate government stating therein his findings andthe easons thereof on each of the articles of charges separately with such observations on the whole case as he thinks (7) Thereafter, the appropriate government shall in consultation with the Chief Justice ‘ofthe High Court decide t elther remove or not to remoxe the Chairperion or Meniber ofthe regulatory authority or Appellate Tribunal as he ease may be. Salary and allowances payable and other torms and conditions of service of the officers and other employees ofthe Appellate Tribunal.- (1) The conditions of service of the offers and employees ofthe Authority and any ‘ther category of employees in the matter of pay, allowances, leave, joining tine, jjnng time pay, age of superannuation and other conditions of service, shall be regulated in accordance with sock rules and regulations as are, from time t tine, applicable to officers and emplayees of he sppeopriate Government al drawing the ceresponding seles of pay (2) The appropriate government shall have power to relax the provisions of sy of ‘these rules in respect of eny class or category of officers or employees or consults sand experts, a the ease may be. Additional powers of the Appellate Tribunal The Appellate Tlihunal may call lupon such experts or consultans tom tho fields of economies, commen, ‘secountaney, real estate, competition, construction, architecture at enginesring oF fiom any athe discipline as it deems necessary, to assist the Appellate Tribunal in be ‘coniut of any inguiry ot proceedings before it Administrative powers of the Chairperson of the Appellate Tribunal The driiswative powers of the Chaiperson of the Appellate Tribunal shall inelede vsking decisions with epard to the following: - (a) all maiers pertaining to staff seongth, wages and salaries structures, emolumert, perquisites and personne! policies: (@) all martes percining fo creation and abolition of posts; {e)all mater pertaining to appointments, promotions and confirmation for al ost (6) acceptance of resignations by any Member, officer or employee: (e)olcsting against sanetioned posts, 94 :AM GAZETTE, EXTRAORDINARY, MAY. 2017 p authorization of tours to be undertaken by any Member, officer or employee: ‘within and outside India and allowance tobe panted forthe same: (all mater in relation to rsimbursement of medical eli; (fall mates in relation o grantor rejection of leaves. @ permission for hiring of vebisies for oficial wes {@ sominstions for attending seminars, conferences and training courses in nds or abroad, ‘4 pennision for invitation of guests to erry out training course, (all matters pertaining to staf welfare expenses: (im) sanction serapping or write-off of capital assets which due to normal wear and {ear ave become unserviceable or are considered beyond evonomicel rept (6) all matiers relating to disciplinary action against my Member, officer or employees (o) ary other powers that may be reguired for the efficient fetioning ofthe Appellate Tribal and enferosment ofthe provisions ofthe Act and these Rules ‘CHAPTERIX (OFFENCES AND PENALTIES 38, Terms and conditions su the Fine payable for compounding of offence (1) The cour shall, forthe purposes of compounding any ofence specified under sstioe 70, secepta sum of mouey as specified in the Table below estate project) "ofthe estimated cost ofthe plot, apartment ot | Fulding, a5 she case may be, oF He real estate | | projet, for whith the sale or purchase as been | fected | Inprsooment dr ion GE 11 oF he esis cost oF he At, partment | ng, asthe case may be Provided that the appeopriate Government mas, by notifeation io the offical gases, amend he rates specified in the table bove, 36, THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 9s (2) On payment ofthe sum of money in accordance with the table above, any person in ‘custody in conection with shat offence shall bese at liberty and no proceedings shall be lnstnned or cominued against soc person a any court, (@) The acceptance ofthe sum of money for compounding an offence in accordance with ‘he table above, by the Court shall be deemed to amount to an sequita within the ning of section 300 ofthe Code of Criminal Procedure, 1973. (4) The promoter, alle or real esate agen, as the ease may be, shall comply withthe ones of the eegulatory authsity or the Appellee Tribunal, within the pie specified by ‘he cour, which shall not be moc than 30 days from the date of compounding of tae offence ‘Manner of fling # complint with the regulatory authority and the manner of hoki an inquiry by the regutatory authority. (1) Aoy aygrieved person may fle a ‘complaint il the regulatory authority for any Violation wer the Aet othe rues and regulations made thereunder, save as those provided to be aduscasd by the adjudicating ‘Mer, 8 pee Form *M’ whioh shall be accompanied by a fee of rupees one thous in the form ofa demand daft drawn on «nationalized bank in favour of regulatory auherty sal payable atthe man branch of that bans a the station whore the sea ofthe said segulatry authority is shunted (2) The reulatony authority shal forthe purposes of deciding any complaint as spciied under sub-rule (i), follow sumenary pocedare for inquiry inthe fllowing manner (2) Upon sccipt ofthe complaint the regulatory authority shall sue a notice along wit paticulars ofthe alleged contravention wid the relevant documents othe respondent (0) The atie shall specify a date nd me fr Mate easing (6) On the ase so fned he regulatory authority sbll expan to the eespondent about she conteaventin alleged to have boen commited in relation to any ofthe provisions ofthe Aet a the relay ard egulations made dhereunder and if the respondent pleads guilty, she rogulatory authority shull record the ples, and pass suc orders insluding imposition of penalty as thinks fit in avontanee with the provisions ofthe ‘Actor the roles and egulatons, made thereunder; (Gy doesnot pas ely snd contests the complaint the regulatory autor shal demand and explanation from the respond (4) in case tho copulatory authority is satisfied on the bass of the submissions made that ‘the complaint doesnot require aay fuer inguty it may dismiss the complaint (6) In ease He regulatory authority is sie on the bass ofthe submissions made that the there is need for farther heating into the complaint it may onder production of documents or cher evidence on a date and ime Fixed by i: 1196 a ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2017 (9 Toe regulatory authority shall have the poser to camry out an inquiry jnto the complain on he basis of dacument and submissions: @) On the date s0 fixed, the regulatory autority upon consideration of the evidence Produced before it an other cords and submissions satisfied that - {0 the respondent is in contention of the provisions of the Act oF the eles and regulations made thereunder it shal pass such oder including imposition of penalty 2 it thinks ft in accordance with the provisions ofthe Actor the rules and regulations made ‘thereunder {the respondent is notin contravention oF the provisions of the Act oF the sues and regulations made thereune he regustory authority may, by ode writing, isis the ‘complain, with reasons tobe recorded in writing, (hy 1reny person fl, neglects oF refuses t appa, oF present himsel a eguied bore ‘the regulatory authority, the resulatory authority shalt have the power to presced ith the Inui in the absence of such pers or persons after recordin the eas fr doing a Manner of filing # complaint with the adjudicating officer and the manner of holdingaan inquiry by the adjudicating officer (1) Any aggrieved peron may fle ‘complain: withthe —adjutcating officer for compensation vader seston 12, 14, 18nd 19 as fee Poem °N" which shal be scompanie bya fee of repees ane thousand in he form of a demand deft drawn om a nationalized bonk in favour of regulatory stbrity fd payable atthe mai branch of that bank st the station where the set ofthe ssid equator authors is siated. (2) The adjudicating officer shall for the purposes of adjging compensation fotow smnary proce fringe in he flowing manner 9 Upon receipt ofthe complaint the adjudicating officer shal issue a notice along with partivulars ofthe alleged contravention andthe relevant documents othe promoter i) The notice shal spit date and time for further hearing; (Gi On te date s0 Fixed, the adjudicating office sal explain othe promoter about the contention allege ta have been commits in relation to any of the provisions of the ‘Actor tho rules and regulations made hereunder and ifthe promoter (@) pleads guilty, the adjudiating officer shall record the plea, and award such © ‘ompenstion ashe thinks fit in aceordance withthe provisions ofthe Actor the rulesand regulations, made thereunde 48) doesnot plead puly and contests the complaint the adjudicating fier stall demand and explanation from the promoter: (iv) nese the sajuticatng office is satisfied on the busis ofthe submissions made that the complain doesnot egute any urtheringuiry it may dsmis the complain: jAZETTE, EXTRAORDINARY, MAY 9, 2017 1197 () Incase the adjoin oficer is ste on the basis ofthe submissions mad tat the there is need for futher hearing into the complain it may order production of documents or other evidence ona date an time five by hin i) The adjudicatiag affcer shall have the power (0 carry out an inguity imo the complaint on the basis of documents and submissions (vil) On the date so Feed che adjudeating offer upon consideration of the evidence produced before him and ether zeonds an submissions is satis that the remote {@) libie 10 pay compensation, the adjudicating ofcer may, by order in writing, oder payment of sich compensation, as decmed it by the promoter to dhe complainant; at 4) oot lisble 10 any compensition, the adjudicating officer may, by ondar in writing, ismiss dhe complains, with reason o be rosonded in wring, (oli AF any person fil, seglect or refises to appetr, oF present himself as requbed before the wdjieating oer, te aduicating officer shall have the power to procs wth the inguin inthe absenee of sach persoa a persuas after eecording the reasons for doings. CBAPTERX. BUDGET AND REPORT Budget, accounts and audit The regulatory authority shall peepare a budget, ainwin proper accounts and other relevant recor and pepare an antl satement of accounts asprovided in section 77 a per For "0" Report and Returns The egulatory authority shall prepare its sna report as provided in section 8 as per Forma" 198 ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 ANNEXURE ‘A’ {ce ruled} AGREEMENT FOR SALE This Agreement for Sele (“Agreement”) executed on this _day of, 2m, By and Between ifthe promoter isa company] (CIN no, 8 company incorporated under the provisions of the Companies Act, [1956 or 2013, ae the case may be). having is regisiered office wt and its corporate office at ae ), represented by its athorved Siapaiory cma Gale no) auaoriod vide board rsaton devel ~_horeinaler sfened To othe “Promoter” (wich expesion shall unless repugnant wo the context or measing Werwot bo deemed 12 mem and include its suecesoininleres, executor, alminisrtors and permitted assigness, oR} Uf the promoter is a Partnership flem) a parnnetship fim registered unser the Indien Parinensip 32, having fe principal place of business at _ its authorized Parner 1 authorzed ‘Promoter (which expression shell unless repugnant to dhe context or meauing thereof be deemed to mex and inchide its suocessors-iminterest, executors, administrators and penned assignees, Jncluding Those ofthe respective parters} [0R} Ufthe promoter isan Individual, Me. / Ms, _ (Aadhar no. daughter of aged about, residing — (PAN . ‘hereinafter called the “Promoter” (which expression shall unless repugnant tote context for meaning thereof be deemed to mean and include hisvher heirs, execubors, adminisrators, successorsin- interest and permitted assignees). ) sons AND registred office at _ represented by its authorized signatory, use Ute Altoce is « company) (cow. ) company “peorporated under the provisions ofthe Conspanies Act, [1956 oF 2013, asthe case may be), having its d ‘(Aadhar Bo. ___y oly. suthorized ve board resolution dated ibereinaller refewed 0 as the “Allott (which expression shall unless repugnant te the context or meaning thereof be deemed to mean and include its suecessorin- interest, executors, administrators and permitted assignees) [OR Ufdie Allotee is a Partnership PAN . @ partnership fren registred under the Indian Barmership Act, 1932, hving Us principal place of business at i (PAN Eats represented hy iis authorized partner, ae (Aachar po. authorized ve Dereinaer ‘efered To w the “ANlottee™ (whieh expression shall unless repagnast tothe context or meaning thereof be deemed to mean and include its suceessors-in-intres, execwors, ‘administrators and permitted assignees, incluing those ofthe respective partners). [oR] Ufthe Alfotce ts on Tndividual, Mi Ms (Aadhar no. aged sbout___—__ esiing at ran hereinafter ‘GaReT TRe “Aliontoe™ (which expression Shull unless Fepoghant to the context or meaning, thereof be deemed to mean and include hisher executors, administraors, secessors-innterest and permilted assignees). son! daughter of (oR) Ufthe Aliote is o HUR| Mr, (Aathar no, ___)sonof__aged about Tor sal and as the Karta ofthe Hindu Foint Mitakshara Family inown as HIUE, having is place of business / residence at aN ___} hereinafter referred t0 as the “Allottee” (which expression shall unless Tepugnant T the context or meaning thereof be deemed to include his leis, representatives, executors, adminisiators, suecessorsein-interest and permitted assigns as swell asthe members ofthe said HUE, their heirs, executors, adminisrators, suecessor-in- interest and permitted assignees). [Please insert detalls of other allottee(s), in case of more than one aliotee] 1200 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, The Promoter and Allttee shall hereinafter collectively be referred to us the “Parts” and individually as “Party” WHEREAS: A.The Promoter is the absolute and lawful owner of [khasta nos/ survey nos. (Please insert land details as por local laws] totally sdmeasuring square meters situated at in Tebsil & Disgicl. __ (Said Land) vide sale deeds) dated repistered as documents 0. atthe office of the Suib-Registracy oR} _———— ("Owner") is the absolute and lawful owner of fkhasra nos survey snow [Please ert Tand details ex per local laws tofally admeasoring square meters situated at in Tehsil & Disc (Said Land”) le deed(s) dated ___~__registered as documents to. at the ollice of tse Sub-Regisizr. The Ownee aud the Promoter have eniered ice [coilaboration/developmentjoint development] agreement dated fegistered as document no, .____al the office ofthe Sub-Registear, [Uh Said Land is earmarked for the purpose of building a fcomme-cialresdentialiany other purpose} projet, compeising ___rmultstored apartment buildings and [irseri ‘ary other components ofthe Projecs] wid the suid projest shall be known a ("Project"); sory ‘Tee Ssid Land is curmarted for the purpnse of plotad development of a Jeommercialitesidertiiany other purpose) project, comprising ____plots and Tincert any other componeras ofthe Projects] und the said project shall be known as 7 Project” Provided tht where and is earmarked for any institutional development the same sha! be used for those purposes only and no commerciaVresidenti! development shall be pemnited urles itis a pan of the plan approved by the competent authority. CoPhe Promoter is fully competent to enler int this Agreement aod all the legal omslites with respect ¢o the right, title and inicrest ofthe Promoter regarding the Said Land on which Project is to be constructed have been completed; ___[Please insert the name of the concerned competent in favour of + daa 90 hark as registration fe as por subrule 2) of ule 10; i) reome tax otums ofthe lst 3 yeas or declaration as he ease may bes i aabhetcatod copy ofthe PAN card of the real estate agents and ivy ashemicnted sopy ofthe rgstation a a real estate agen in any other State a Union temo, iFappiceble Hise solemnly’ affrm and declare thatthe particulars given in herein are cores ny Jour knowlege and bli ‘Yours filly, Signature and sel of he applica.) ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 29 FORM {See rale 110] REGISTRATION CERTIFICATE OF REAL ESTATE AGENT 1. “This epistation is granted under section 9 ofthe Act with registration cetfcte bearing No. (in the case of an individual) MeMs, _ son of MeiMs Tehsil District ae State on, Gin the ease of 3 fi / sosiety / company) fiom { society (company having is tepistored office / principst place of business at ‘@ ci asa real estate agent to facilitate the sale or purchase of any plot, apariment or builling, ‘ty case may be, in real este projects registered in the ion teritory in tezmsof the Act and the ules and reguttions made thereunder, 2. This regisvaton s granted subject tothe following editions, namely:- (Gy The realestate agent sll not faite the sale oF purchase of any plot, eparmest oF buding, asthe ease may bo, in areal esate projector par of being sod by dhe promoter “whichis equied br not register with he reguatry authority {The rel state agent shull maintain and preserve sich books of account, reoeds and documents as provided under rte 14; Gy The real este agent shall nt involve himselt in any unfuie wade practices as specified under ease (6) of seeion 10, (Gs) The realestate agent shall provide assisance to enable the allatize and prometer to ‘exercise their respective sighs and full thoi respective obligaons st the ime of bocking ‘and sale of any pt, parent or bung the ease may be. (0) The real esas agent shall comply with the provisions of the Act snd the res and regulations made thereunder, (si) The ral estate agent shall not contravene the provisions of any other Iw for te ime bong in force in the area where the projec is being developed; (i) The realestate agent shall discharge such other functions as may be specified by the regulatory authority by regulations; 1230 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 3. The registration is valid fora period of five years commencing fom and fending with unless renewed by the regulatory suhodiy in sccordance withthe provisions of the Actor te rules and regulations made thereunder. 4. Ie above mentioned conditions are not fulfilled by the realestate agent, the regulatory utoriy may take necessary action aguint the real esate agent including cevoking the registration granted herein, as porte Aet andthe rules and regulations made thereunder. Dated Place: ‘Signature and sel of the Authorized Officer ‘Real Estate Regulatory Autharity THE ASSAM GAZETTE, EXTRAORDINARY, MAY 017 oe FORM {See rule 11@), 120, 131, 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: ‘Tho Roal Este Regulatory Auoriy, Application / Registration No, Dated ‘You ae hereby informed that your application fr relstravon as real esate age is ejected or ‘You are hetehy informed hat your application Soe the renewal ofthe eeistration as eel estate agents ejected on ‘You ure hereby informed tha the cegstration granted fo you as real estate agent 3s beeby revoked fr the resons sat out Place: Dated Signature ad sul of he Authorized Officer Real Esnte Regulatory Authority THE ASSAM GAZETTE, EXYRAORDINARY, MAY 9, 2017 FORM‘? [See rule 12(0) APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT From: To The RealEstate Regulatory Authority Sic lie beg t apply fr renewul mylou registration as eal estate agent under repition certificate beating No. __. which expires on As requtedUive subst the fllowing documents and information, samey:= (A demand deat no, in favour of for rapes, bunk as val es i) Toe orginal registration ceria; and (iy Stata ofthe sppticant, whether individual / company / proprietorship fim / sciees/ ster fran Tite ability parershin @)Incaseof individual — (Name (0) Father's Name (6 Oveupation (© Peemanens address (© Photograph oR In case of firm societies companies = Name () Aasess {6 Copy of rgisrationeartifcate (Major scivites (Name, photograph and address of partner directors Dated Place: ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY'9, 2017 133 (99 income tn retims filed under the provisions of the Ieome Tax Act, 196 for three Financial years preceding the application or in case the applicant was exempted fom filing returns under the provisions ofthe Ineome Tax Act, 196] For ay ofthe tree year preceding the oplieation a declaration to such eet; (i) particulars oF registration including the byelaws, memorandum of association, articles of association tc asthe case my be; (vi) euhentcated copy ofthe abess proof ofthe pce of business, (iy Details of registration in any other State of Union territory, (i) Aay otter infomation as specified by regulations. Yours fails, ‘Signature and seal ofthe applicant(s) "EXTRAORDINARY, MAY 9, 2017 FORM {See rate 12(4) RENEWAL OF REGISTRATION OF REAL ESTATE AGENT. 1. This renewal of registration is granted under section 9 ofthe Act to nal) MMs __sen of Diswiet__ (inthe ease ofan ini MeJMs State oR (in the ease of a fim / society company) finn society / company having its registered offce / geincipal place of busines st in continuation o registration cestiiate bearing No. of, “This enewa of mitt is grad subject to he following conditions, namely i The realestate agent shall not fcitate the sale or purchase of any plot, apartmers or building. asthe ease may be, in real esa projet or prt of being sold bythe promoter ‘whic i required but no: regicerod with he relstory autho ‘iy The realestate agent shall mainte and preserve such books of sesount, records and ocuments as povided ueder rule 14; Gi The eel estos agent shall not involve hime fn any wet ae prations 98 spit under clause (eof section 10; Go) The real estate agent shall faite the possession ofall documents, asthe alloree is nied a the te of booking of any plot, partment or building, asthe ese may be. (9) The realestate agent shall provide sssistnesto enable he allots and promoter wo exercise ‘hie espetive rights and Eulfil hee respective obligations st che Hime of booking and site of any plo apartment or building, 3 the cas may be (i) The real estate agent shall comply wit the provisions of the Ast and the rales and regulations made thereunder, (i) The teal estate agent shal not contavene the provisions of any oer aw forthe time ‘ving in ee in the area where she projects beng developed; ‘vii The eal estate agent shall discharge such other fonctions as may be specified by the regulatory aubority by regulations: 1235 5. "Th registration i ald ora period of five years commencing fom and nding with unless renewed by the reguliory suthorly in ‘accordance with he provisions ofthe Aetor the rules and regulations made thereunder. 4, 1 the above mentioned eonditions are not fulfled by the eel estate agent, the regulatory tauherty may Take necessary action auainst the eal esiate agent including revoking the registration granted herein, as per the Act and the rues and regulations made thereunder. Dated Place: Signature and sel ofthe Authorized O7cer Real Estate Regulatory Autority 1236 ‘THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, FORM'L* (see rale 282)) APPEAL TO APPELLATE TRIBUNAL Appeal under section 44 ofthe Act [Bveryappes! shall be file in Paglish arin ease iis in some other Indian. language tsa be secompanied by a copy tansated in English and shall be ily and legibly typewaten, Fiiograped ce printed in double spcing on one side of standard petition paper with an ier ‘arin of about four centimetres width on top and with sght margin on 2.5 em, a left marzin ‘ofS em, daly pagnsted, indexed und stiched together in pape book frm. For ue of Appetite THbusal’ ftw: Date offing saat De of receipt by post Regiation Nos Sionature; Regisrar: IN THE REAL ESTATE APPELLATE TRIBUNAL (Name of place) Berwsen at) Ant ______ Respondent(s) Details of appt Psiulrs ofthe appellarts: @)Name ofthe appellant {i) Adaress ofthe existing fice / residence ofthe appellant: (Gi) Adress for service ofl naties: Pastiulars ofthe respondents: (i Namels) of respondent {i Off address ofthe respondent: (i dares To service ofall notes: 3. Iuriierion ofthe Appelt Tribunal THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 017 237 “The appellant declares thatthe subjecs mater of Uhe pp ils within the jurisdiction ofthe Appellate Tribunal 4, Limitation ‘The appellant declares thatthe pea! is within she Hinstation specified in subsection 2) of seotion 44 oR 1 the appeal is filed after the expiry ofthe limitation period spsified under sub-section section 44 specify eason for delay 5. Faxis ofthe case: ive 8 concige staerent of Tats and grounds of sppeal aginst the specie onde: of ting officer, asthe case may he passed under setin(s) 6. Relitis) sought In view of the fets mentioned in parsgragh 5 above, the appellant prays for the flowing rele) {Specty below the rfl) sought explaining the prounds of reliefs) and the egal provisions {ity elie! poo) 9. Interim sede, payed fo Pending final decision onthe appeal the appellan seeks isue ofthe following interim ord: [Give ete the sau af the intrin onder prayed for with reasons) 8, Matter not pending with any ether sour ee The appellant father deciazes that the maer regarding which this appeal hs been male is not pending betare ay cour of lw ar any ether authority or any cher teibenal() 9. Particulars of bank draft inrespest of the fe in terms of sub-ue (I)of re 26 (9 Amount (i) Name ofthe bask on which drawa (Gi Demand da number 10, List of enclosures: {) An atesad trv copy ofthe order against which the appeal sed {i Copies ofthe documents relied! upon bythe appellant and refered to in the appeal (Gy An inde ofthe documents 1238 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 esifeation |______ ame in ful block loners) son ? daughter of _ the appellant do hereby verify ‘tha the eontens of paragraphs (1 to 0] ae tras to my personal Knowledge and belie wd that 1 have no suppressed any materia fe), Pace: Date Signature of de appelin() _____THE ASSAM GAZETTE, EXTRAORDINARY, M4 FORM [see rule 36(1) COMPLAINT TO REGULATORY AUTHORITY Compleint und seston 3 For use of Regulatory Authority offices Date offing Date ofrecoipt by post: Complaint No. Signatere; — Registrar: IN THE REGULATORY AUTHORITIES OFFICE (Name of pase) Beiseen i Complainants) ____Respunden(s) Details of claims Paniculasof the eomplainar): (0) Name ofthe complainants (i) Adkeess ofthe existing oie residence ofthe eamplsinant (iy Adres for service ofall mtiees Particle respi Nasoe(s) of respondent: i) Office addess ofthe respondent i) Adios for sorviee of ll atices: 3. viditon of the regulatory authority ‘The complainant declares thatthe subject mar ofthe claim falls within the ursition ofthe regulatory suthority 4, Baers ofthe case [sive «concise statement of fet and grounds fr complain 5. Rie) soughe 240 _____ THE ASS 4M GAZETTE, EXTRAORDINARY, MAY 9, fn view of the facts meotoned in puayraph 4 above, the complainant prays fr the fll wis eles) [Speviy below the relies) lame explaining dhe yroaeds of relies) andthe legal provisions {if any) celied upon} 6 Interim onder, i prayed for: Pending final decision onthe complaint the complainant seek issue of the flowing interim onde [Give here the naar he ner oer pres Tr sit aso} 7. Complainant not pending with any cher court ee ‘The complainant futher doar that be mance regarding whieh cis complaint has beer made is not pening belore my cour of law ot anyother authority or any other eibunals), 8 Patcaor of sei drat in espe ofthe ein terms. of subeue (1) of rate 36% Amount (i) Name ofthe tank on which grav (i Bemand deft uncer 9. Listofenclostmes [Specify th datas of enclosures withthe comple Verification _— (name in fall block letrs) son / daughter of____the complainants do eteby ‘orf that ie conten of paragraphs [1 to are eae ko my penonal knowledge and boi ansé ‘har! have not suppressed any material fac). Place Date ‘Signature of re compaian(s) TRAORDINARY, MAY 9, THRASSAM QAZEITE, & FORM'N' (See rule 3710} APPLICATION TO ADJUDICATING OFFICER ‘Chim for sommeasstion under stim 31 read with section 71 of he Agt or use of Adjuicating Officers oice: Date of Sings Date of receipt by post Aplcation No. Signatures Autores Officer: ERS OFFICE (Name of place) Responders) Dessis of ela Poriculars ofthe applicants Name ofthe applica: (i) dates of the existing office /esdenceof the appellan (Gi) Ades for sceview of al nsiees: () Deals oF allouces apartment, plot ox hulding Particulars ofthe respondents: (Name(s) oF respondent: {6 Office adress ofthe respondent (i) Address fr serves of al notes: Gv) Registestion no, and address of project: Jutsdstion ofthe Adjusting OtBce: he applicant declares thatthe su adjudicating oficer, otro he shi alls wisn the juisietion of he 4, Facts ofthe ease: [give a concise statement offers an ground of clan against the poner] _THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9 2017 5. Compensation(s) sought: In view of the facts ove, the applicant pays foe the folxting emoaed in paragraph + 3 compensaton(s) [Spevity below the eompensation() elahined explaining the grounss of cain) and dhe les) provisions if any) relied upon] 6. Claim not pending with any thereon, "he applicant farther declares that ie mater regarding whieh this appeal as been ma is not pending before any court of law or any cer authority o any ater tbel() 7. Particulars of Bonk raft in respect of the fein teas of sub-rue 1)of rule 36: (iv) Amount (s)Name ofthe bank om hick des (9%) Demand drat number List of enlesures: {Specify the details oPenslosutes with the ppliaton) Yesitisasion L (ame in ful block Jeers) son /dzsghter of ___ the applicant do hese verily thar the contents of paragraphs [) 8] aze true to my personal kzowlege ane elit snd shat have no suppeessed any materia fat) ce: Dae Signature ofthe applica) Receipts dane i |e ol with ASSAM GAZETT "Curent | Previous | Ale year ag | Year es! Code BEL ar FORM ‘0 [See rite 38) Payiaesis By Chalzeaison By | henefis “By Trelling | expenses my Orca EXTRAORDINARY, MAY 9, 2017, Reveips aod Payments Arcount Forthe year ended |pnivente iy Pay iad | At at as| year fear as year a nay ANNUAL STATEMENT OF ACCOUNTS. dia Rupees) arent ily Pay and] | Alloosaces | “Pras By Resrensat [poses | Cc | Benests [144 | By Travelling Gar | By Overcas— ‘conferences | jt Sale of Publiations 14.42 | By Domestic ‘Te Income vestments | and Deposits rast “THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 77 Te" tacome’ [eae a] eaters on { Benetis investments a 72 [To incre 3 [By Other Deepa | io Ta By a} — Expenses - 18a”) By Ovens TAL By Bones 1} To Recoveries from py ils By Brpeadiine ‘on Research By Const Expenses [iy Seon wa eonfrenoes By Pui of Authority icaioas | toms | ised i By Paciase of Assts 35 | By Comat and I Advances 1: THT | By Employees: LC By ‘Meanber() (Signature) (Chaizperson (Sigasture) Income end Expenditure Account orthe 1 April 1031" Mach : a (a Rapes) ERR] Reape Canent {Previous TATe | Payments | Code jyeer as| Year as Code | ahi B12 By Charges "612 Bynes ea) BY Chee : esi | @ By Gals) {ei By Recon [eT [ay Tae Invetens Z| By income on Deposits : aes aw : Lean Advnest ~ ‘I 1 W hice . } secon a a [aL By Gaia or Sale of Ase aria Ba yay bana cipenie ner haa Gia Canada we : Copial Fund | aso) ; THR ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017, nna? Member(s) (Signature) Chairperson ¢Sigmture) Balanee Shot on 31" March it Rupes) Ri] Liabies Caen Frevioas ‘Ase | Caveat Previous | Code year as Year as] Cols | yee |yar a Find [Fie Anes] ms i TET] Gros Block at Cos TBE” [esa Comiave i seprecizion Fxpentive | svar lpeome i ag $83 | Over Fubde Sesh, © | Rosenes 7 7 Laan Taverne “oars Curt skies and Recount” with Govszoment i “Sunde Detar t Eau wi Bk] Memes} (Signature) Chairperson (Signature) FoRM‘P {See rule 39] ANNUAL REPORT 10 BE PREPARED BY REGULATORY AUTHORITY 1. Rotora on rgisteation of promoters and seal estate agents A, In alsin v9 Promotes Namea! j Adireivof ” Desciption ' Fee paid deol promoter | promoter of project for | Number which | | registat.on fas been “issued Daw ouwhich — Dale ofexeasionof | Renate [B. In relation o Real Bare Agents Taine | Address Regination [Dé of | Date on [Dae 1 Nambor of [of Real Feepaid |isne ofl which" [peril “of Real | Este |regiseation |reustation | eoewal af| | Bate | Agent cerieate | erifaterestation jee | 1 1250 THE ASSAM GAZETTE, EXTRAORDINARY, MAY'9, 2017 Return on numberof eases ‘led before tho regulatory autherty snd the sljticating 1 “officer for setlement of disputes end adjudicated upon [S1No | No. oF Cases pong fa] No. the last quater by the | curing the quarter by the by the regulatory auihorty | repulrry authority authority, | 27 Canes pending in |SINe [No oF the last quarter by the zegulzory abril during the quarter by the |by the repulatory authority officer IIL, Stotement om the peviodca! suavey conducted by the cepulsory authority io imonitor the complience ofthe provisions of the Act by the promotes, sllotees and ves) estate agents, Rotella sleps whew the quarter with details _ ae Pe Sune conducted diszg | Obsewaiios of Aukoniy Staemont on steps taken to mitigate say non-compliance of the provisions of the ‘andthe rules and regulations made thereunder by the promoter, aotoes and real cette agets = v SSAM GAZETIE, EXTRAORDINARY, MAV 9, 2017 V.Stetsments on penalty imposed by the regulatory authority for contsvections of ‘heAct and ctections ofthe regulatory authority and adjudicating ofier, "Name afte [Batali aie i M.GV.K. BHANU, Advis Chic Seeretary tothe Govt of Asam \Urhan Development Department. “Gawih Pin ed Pana by tay Dios (P&S) Diecai of Prat & Sian ARE Extras Care Ny 383¢50° 10-09-€8-2017

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