| Rule | Section | ||
|---|---|---|---|
| Rule | Section | Description | |
| 0 | 0 | No. MISC107(A)/ED(R)/196 | 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. MISC107(A)/ED(R)/1/55/2016ITCP dated the 28th April, 2017 the Governor of Haryana hereby makes the following rules, namely, |
| 1 | 1 | These rules may be called as the Haryana Real Estate (Regulation and Commencement Development) Rules, 2017 | |
| 1 | 2 | They shall come into force on the date of their publication in the Official Gazette. | |
| 10 | 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. | |
| 10 | 4 | The registration granted under this rule shall be valid for a period of five years. | |
| 10 | 3 | In case of rejection of the application, the Authority shall inform the applicant in Form REAIII. | |
| 10 | 2 | Upon the registration of a real estate agent, the Authority shall issue a registration certificate with a registration number in Form REAII to the real estate agent. | |
| 11 | 4 | In case of renewal of registration, the Authority shall inform the real estate agent about the same in Form REAV and in case of rejection of the application for renewal of registration, the Authority shall inform the real estate agent in Form REAIII: Provided that no application for renewal of registration shall be rejected, unless the real estate agent has been given an opportunity of being heard: Provided further that the Authority may grant an opportunity 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. | |
| 11 | 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. | |
| 11 | 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 REAIV, in triplicate, within three months prior to the expiry of the registration granted.0 | |
| 11 | 3 | The real estate agent shall also submit all the updated documents set out in clauses (a) to (f) of subrule (1) of rule 9 at the time of application for renewal. | |
| 11 | 5 | The renewal granted under this rule shall be valid for a period of five years. | |
| 12 | 0 | 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 REAIII.0 | |
| 13 | 1 | 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. | |
| 14 | 1 | (f) 3 (a) (v) | authenticated copy of the PAN card of the real estate agent/ agency; |
| 14 | 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: | |
| 14 | 1 | (a) | details of the promoter including the following, namely: |
| 14 | 1 | (a) (i) | promoter or group profile: |
| 14 | 1 | (a) (i) (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); |
| 14 | 1 | (a) (i) (B) | background of the promoter, work experience of the promoter and in case of a newly incorporated or registered entity, work experience of the chairman, directors, partners, as the case may be and that of the authorised persons of the parent entity; |
| 14 | 1 | (a) (i) (C) | name, address, contact details and photograph of the promoter in case of an individual and in other cases, the name, address, contact details and photograph of the chairman, directors, partners, as the case may be and that of the authorised persons. |
| 14 | 1 | (a) (ii) (A) | number of years of experience of the promoter or parent entity, as the case may be, in real estate development; |
| 14 | 1 | (a) (ii) (B) | number of completed projects and area constructed till date in the past five years including the status of the projects, delay in its completion, details of type of land and payments pending; |
| 14 | 1 | (a) (ii) (C) | number of ongoing projects and proposed area to be constructed launched in the past five years including the status of the said projects, delay in its completion, details of type of land and payments pending; |
| 14 | 1 | (a) (ii) (D) | details and profile of ongoing and completed projects for the last five years as provided under clause (b) of subsection (2) of section 4: Provided that if the promoter does not have past experience of developing real estate project within the State, the Authority may ask number of years of experience of the promoter or parent entity, as the case may be, in real estate development in other States or Union Territories. Above information are required to be given in a prescribed manner as per Annexure B. |
| 14 | 1 | (a) (iii) | Litigations: Details of ongoing litigation in the past five years in relation to the real estate projects developed or being developed by the promoter in the State. Above information are required to be given in a prescribed manner as per Annexure C. |
| 14 | 1 | (a) (iv) (A) | web link of the promoter or parent entity, as the case may be; |
| 14 | 1 | (a) (iv) (B) | web link of the project |
| 14 | 1 | (b) (i) | advertisement and prospectus issued in regard to the project; |
| 14 | 1 | (b) (ii) | compliance(s) and registration details, |
| 14 | 1 | (b) (ii) (A) | authenticated copy of the approvals/ sanctions received from the competent authority as provided under clause (c) of subsection (2) of section 4; |
| 14 | 1 | (b) (ii) (B) | the original and subsequent sanctioned zoning/ building plan, layout plan and specifications of the project or the phase thereof, and the whole project as sanctioned by the competent authority as provided under clause (d) of subsection (2) of section 4; |
| 14 | 1 | (b) (ii) (C) | details of the registration granted by the Authority under the Act;. |
| 14 | 1 | (b) (iii) | Apartment, plot and parking related details, |
| 14 | 1 | (b) (iii) (A) | details of the number, type and carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas with the apartment, if any, or details of the number, type and area of plots for sale in the project or both, as the case may be; |
| 14 | 1 | (b) (iii) (B) | details of the number and area of garage/ parking space for sale in the project; |
| 14 | 1 | (b) (iii) (C) | Details of the number and areas of parking space including surface, stilt and basement as provided in sanctioned building/ site plans and available in the project; |
| 14 | 1 | (b) (iv) | registered real estate agents, names and addresses of real estate agents for the project alongwith his registration number issued by the Authority; |
| 14 | 1 | (b) (v) | details of consultants, contractors, architect, structural engineers and other persons concerned with the development of the real estate project such as |
| 14 | 1 | (b) (v) (A) | name and address of the person; |
| 14 | 1 | (b) (v) (B) | names of firms/ association/ enterprise/ promoters, as the case may be; |
| 14 | 1 | (b) (v) (C) | year of establishment; |
| 14 | 1 | (b) (v) (D) | names and profile of key projects completed; |
| 14 | 1 | (b) (vi) | location: the details of the location of the project in revenue estate, Tehsil and District with clear demarcation of land where the project is situated along with its boundaries including its latitudes and longitudes; |
| 14 | 1 | (b) (vii) (A) | The plan of development works to be executed in the proposed project and the proposed facilities to be provided as per approval in the service plan estimates regarding provision of basic infrastructure like water supply, sewerage, drainage, electricity, horticulture, ,fire fighting facilities, emergency evacuation services, use of renewable energy, etc., as the case may be; |
| 14 | 1 | (f) 3 (a) (iv) | name, address, contact details and photograph of the real estate agent, if it is an individual and the name, address, contact details and photograph of the partners, directors, etc. in case of other persons; |
| 14 | 1 | (b) (vii) (B) | Amenities: a detailed note explaining the salient features of the proposed project including access to the project, design for electric supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage water, and any other facilities and amenities or public health services proposed to be provided in the project; |
| 14 | 1 | (b) (vii) (C) | Gantt charts or milestone charts and project schedule: the plan of development works to be executed in the project and the details of the proposed facilities to be provided thereof and the respective timelines to achieve the same; |
| 14 | 1 | (c) (i) | the authenticated copy of the PAN card of the promoter; |
| 14 | 1 | (c) (ii) | the annual report including the liabilities on the books of the builders, 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 then the audited profit and loss account, balance sheet, cash flow statement and the auditors report of the promoter for the immediately preceding three financial years and in case of newly incorporated or registered entity such information shall be disclosed for the parent entity; |
| 14 | 1 | (d) | the promoter shall upload the following updates on the webpage for the project, within fifteen days from the expiry of each quarter, namely: |
| 14 | 1 | (d) (i) | list of number and types of apartments or plots, booked; |
| 14 | 1 | (d) (ii) | list of number of garages/ parking space booked; |
| 14 | 1 | (d) (iii) | status of the project, |
| 14 | 1 | (d) (iii) (A) | Status of construction of each building with photographs; |
| 14 | 1 | (d) (iii) (B) | Status of construction of internal infrastructure and common areas with photographs |
| 14 | 1 | (d) (iv) (A) | approval received; |
| 14 | 1 | (d) (iv) (B) | approvals applied for and expected date of such approvals as per notification no. 7/31/20143AR dated 07.05.2015 of the Haryana Right to Service Act, 2014, (4 of 2014); |
| 14 | 1 | (d) (iv) (C) | approvals to be applied and date planned for application; |
| 14 | 1 | (d) (iv) (D) | modifications, amendment or revisions, if any, issued by the competent authority with regard to any licence, permit or approval for the project. |
| 14 | 1 | (e) | the details of approvals, permissions, clearances, legal documents: |
| 14 | 1 | (e) (i) | Approvals: |
| 14 | 1 | (e) (i) (A) | authenticated copy of the licence or land use permission, sanctioned building(s) plan and other sanctions from the competent authority obtained in accordance with the laws applicable and where the project is proposed to be developed in phases, an authenticated copy of the licence or land use permission, sanctioned layout plan/ building(s) plan as the case may be for each of such phase(s); |
| 14 | 1 | (e) (i) (B) | authenticated copy of the site plan or site map showing the location of the project land along with names of revenue estates, survey numbers, cadastral numbers, khasra numbers and area of each parcels of the project land; |
| 14 | 1 | (e) (i) (C) | authenticated copy of the layout plan of the project or the phase(s) thereof, and also the layout plan of the whole project as sanctioned by the competent authority and other specifications of the project; |
| 14 | 1 | (e) (i) (D) | floor plans for each tower and block including clubhouse, amenities and common areas; |
| 14 | 1 | (e) (i) (E) | any other permission, approval or sanction that may be required under applicable law including fire noobjection certificate, permission from water and sewerage department etc.; |
| 14 | 1 | (e) (i) (F) | authenticated copy of part completion/ completion certificate, occupation certificate or part thereof. |
| 14 | 1 | (e) (ii) | legal documents |
| 14 | 1 | (e) (ii) (A) | the details including the proforma of the application form, allotment letter, agreement for sale and the conveyance deed of land; |
| 14 | 1 | (e) (ii) (B) | authenticated copy of the legal title deed reflecting the title of the land on which development of such project or its phase(s) is proposed, as the case may be; |
| 14 | 1 | (e) (ii) (C) | land title search report from an advocate having experience of at least ten years; |
| 14 | 1 | (e) (ii) (D) | details of encumbrances on the land on which development of project is proposed; including details of any rights, title, interest, dues, litigation and name of any party in or over such land. Non encumbrance certificate issued b |
| 14 | 1 | (e) (ii) (E) | where the promoter is not the owner of the land on which development is proposed, details of the consent of the owner(s) of the land along with a copy of the registered (wherever applicable) collaboration agreement/ development agreement/ joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner(s) and copies of title and other documents reflecting the title of such land proposed to be developed; |
| 14 | 1 | (e) (ii) (F) | details of sanction/ approval letter obtained from bank(s)/ financial institution/ organization for the purposes of home loan tieup; |
| 14 | 1 | (f) | Contact details: name, address, contact numbers and emailid of the promoter/ authorised person and other officials related to the project, as the case may be. |
| 14 | 1 | (f) 2 | The Authority shall maintain a database related to the project(s) and ensure that the information specified therein shall be made available on its website in respect of each project(s) revoked or penalised, as the case may be. |
| 14 | 1 | (f) 3 | The Authority shall ensure that the following information shall be made available on its website in respect of each real estate agent(s) registered with it or whose application for registration has been rejected or revoked, namely: |
| 14 | 1 | (f) 3 (a) | for real estate agents registered with the Authority: |
| 14 | 1 | (f) 3 (a) (i) | registration number and the period of validity of the registration of the real estate agent with the Authority; |
| 14 | 1 | (f) 3 (a) (ii) | brief details of his enterprise including its name, registered address, type of enterprise (whether as proprietorship, society, partnership, company etc.); |
| 14 | 1 | (f) 3 (a) (iii) | particulars of registration as proprietorship, society, partnership, company etc. including the byelaws, memorandum of association, articles of association, etc., as the case may be; |
| 14 | 1 | (f) 3 (a) (vi) | authenticated copy of the address proof or the place of business and the contact address, contact numbers and emailid of the real estate agent/ agency and its other officials; |
| 14 | 1 | (f) 3 (b) | In case of applicants, whose application for registration as a real estate agent have been rejected or real estate agents whose registration has been revoked by the Authority: |
| 14 | 1 | (f) 3 (b) (i) | registration number and the period of validity of the registration of the real estate agent with the Authority; |
| 14 | 1 | (f) 3 (b) (ii) | brief details of his enterprise including its name, registered address, type of enterprise (whether as proprietorship, society, partnership, company, etc.); |
| 14 | 1 | (f) 3 (b) (iii) | name, address, contact details and photograph of the real estate agent if it is an individual and the name, address, contact details and photograph of the partners, directors, etc. in case of other persons; |
| 14 | 1 | (f) 3 (C) | such other documents or information as may be specified by the Act or the rules and regulations made thereunder. |
| 14 | 1 | (f) 4 | The Authority shall maintain a backup, in digital form, of the contents of its website in terms of this rule, and ensure that such backup is updated regularly. |
| 15 | 0 | 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) subsection (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 subsection (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 terms and conditions, then in such case, the allottee shall also be liable to pay in terms of subsection (7) of section 19: Provided that in case the State Bank of India marginal cost of lending rate (MCLR) is not in use, it shall be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending to the general public. | |
| 16 | 0 | 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. | |
| 17 | 4 | The Selection Committee shall make its recommendation to the Government within a period of sixty days from the date of reference made under subrule (1). | |
| 17 | 3 | The Selection Committee shall select two persons for each vacancy and recommend the same to the Government. | |
| 17 | 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. | |
| 17 | 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. | |
| 17 | 5 | The Government shall within thirty days from the date of receipt of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Chairperson or Member, as the case may be. | |
| 18 | 3 | The Chairperson and Members shall be entitled to residential houses and vehicles as per their entitlement; | |
| 18 | 4 | All other allowances and conditions of service of the Chairperson and the Member shall be such, as determined by the State Government from time to time. | |
| 18 | 2 | The Chairperson and Member shall be entitled to thirty days of earned leave for every completed year of service. | |
| 18 | 1 | (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; |
| 18 | 1 | (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; |
| 18 | 1 | The salaries and allowances payable to the Chairperson and Members of the Authority shall be as follows, namely: | |
| 19 | 1 | matters pertaining to staff strength, wages and salary structures, emoluments, perquisites and personnel policies with the prior approval of the Government; | |
| 19 | 12 | sanction of new capital assets or scrapping/ writeoff of capital assets which have become unserviceable or are considered beyond economical repairs; | |
| 19 | 13 | matters relating to disciplinary action against any officer or employee of the Authority. | |
| 19 | 11 | matters pertaining to staff welfare and expenses; | |
| 19 | 10 | permission for invitation of guest(s)/ experts to carry out training course; | |
| 19 | 9 | nomination for attending seminars, conferences and training courses the State and outside; | |
| 19 | 8 | permission for hiring of vehicles for official use; | |
| 19 | 7 | matters in relation to grant or rejection of leave(s). | |
| 19 | 6 | matters in relation to reimbursement of medical claims; | |
| 19 | 5 | authorization of tours to be undertaken by any Member, officer or employee within the State and outside; | |
| 19 | 4 | acceptance of resignation of Group A and B, employees and Member(s), with prior approval of the Government; | |
| 19 | 3 | acceptance of resignations of employees of Group C and D. | |
| 19 | 2 | 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; | |
| 2 | 1 | (g) | cyber city shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 2 | 1 | In these rules, unless the context otherwise requires, | |
| 2 | 1 | (a) | Act means the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016). |
| 2 | 1 | (b) | annexure means an annexure appended to these rules; |
| 2 | 1 | (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; |
| 2 | 1 | (d) | authenticated copy means a selfattested copy of any document required to be provided by any person under these rules; |
| 2 | 1 | (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 be developed in phases. |
| 2 | 1 | (f) | common areas and facilities shall have the same meaning as defined in the Haryana Apartment Ownership Act, 1983 (10 of 1983) in case of group housing, integrated commercial complex, cyber city/ park and in case of plotted colony, shall have the same meaning as defined in of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 2 | 1 | (h) | cyber park shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 2 | 1 | (i) | external development works shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 2 | 1 | (j) | form means a form appended to these rules; |
| 2 | 1 | (k) | group housing shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 2 | 1 | 2 | Words and expressions used but not defined in these rules, shall have the same meanings respectively assigned to them in the Act. |
| 2 | 1 | 1 (v) | any defect which is established to have occurred on account of negligence, use of inferior materials or nonadherence to the regulatory codes of practice by the promoter. |
| 2 | 1 | 1 (iv) | major cracks in masonry work that are induced as result of failures of RCC or MS work; |
| 2 | 1 | 1 (iii) | defects due to materials used in such RCC or MS work; |
| 2 | 1 | 1 (ii) | defects due to faulty or bad workmanship of RCC or MS work; |
| 2 | 1 | 1 (i) | defects due to design attributes of reinforced cement concrete (RCC) or structural mild steel (MS) elements of an engineered (structurally designed) building structure; |
| 2 | 1 | (u) | structural defects means actual physical damage/ defects to the designated loadbearing elements of the building, apartment or unit like faults, breakage or cracks, appearing over time in elements such as load bearing columns, walls, slabs, beams etc. which can affect the strength and stability of the apartment or the building and shall include any of the following, namely: |
| 2 | 1 | (t) | schedule means a schedule appended to these rules; |
| 2 | 1 | (s) | Government means the Government of the State of Haryana; |
| 2 | 1 | (r) | section means a section of the Act; |
| 2 | 1 | (q) | project land means any parcel or parcels of land on which the project is developed and constructed by a promoter; |
| 2 | 1 | (P) | parking shall have the same meaning as defined in the Haryana Building Code 2017(Building Rules); |
| 2 | 1 | (O) (ii) | that part of any project for which part completion/completion, occupation certificate or part thereof has been granted on or before publication of these rules. |
| 2 | 1 | (O) (i) | any project for which after completion of development works, an application under Rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 or under sub code 4.10 of the Haryana Building Code 2017, as the case may be, is made to the Competent Authority on or before publication of these rules and |
| 2 | 1 | (o) | on going project means a project for which a license was issued for the development under the Haryana Development and Regulation of Urban Area Act, 1975 on or before the 1st May, 2017 and where development works were yet to be completed on the said date, but does not include: |
| 2 | 1 | (n) | layout plan means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, etc and other details, as may be necessary; |
| 2 | 1 | (m) | internal development works shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 2 | 1 | (l) | integrated commercial complex shall have the same meaning as defined under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975); |
| 20 | 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. | |
| 20 | 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. | |
| 21 | 1 | In addition to the powers specified in clause (iv) of subsection (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. | |
| 21 | 3 | (a) | withdrawn the said amounts from the account(s) maintained under subclause (D) of clause (l) of subsection (2) of section 4; or; |
| 21 | 3 | (c) | recovered the amounts paid/ payable as penalty, fine or compensation from the allottees of the relevant real estate project or any other real estate project. |
| 21 | 4 | For the purpose of adjudging the compensation under section 12, 14, 18 and 19, the Authority shall in consultation with Government appoint one or more officers, who shall not be below the rank of ClassI Officer/ Additional District Judge who have sufficient expertise and experience for holding judicial/ quasi judicial court/ enquiry. The adjudicating officer shall give a reasonable opportunity of hearing to the parties before determining the compensation. | |
| 21 | 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, | |
| 21 | 3 | (b) | used any amounts paid by the allotte(s) to such promoter for that real estate project for which the penalty, interest or compensation is payable, or any other real estate project(s); or |
| 21 | 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. | |
| 22 | 1 | a | true copy of the order against which the appeal is filed; |
| 22 | 1 | Every appeal filed under subsection (1) of section 44, shall be filed in Form AAT, in triplicate, along with the following documents, namely: | |
| 22 | 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 person, both in original, shall be appended to the appeal or the reply to the notice of the appeal, as the case may be. | |
| 22 | 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. | |
| 22 | 2 | Every appeal shall be accompanied by a fee as specified in Schedule 3 in the form of a demand draft or a bankers cheque drawn on a Scheduled bank in favour of the Appellate Tribunal | |
| 22 | 5 | The procedure for day to day functioning of the Appellate Tribunal, shall be such, as may be adopted by it. | |
| 22 | 1 | b | copies of the documents relied upon by the appellant and referred to in the appeal; and; |
| 22 | 1 | c | an index of the documents. |
| 23 | 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. | |
| 23 | 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. | |
| 23 | 5 | The Government shall within thirty days from the date of the receipt of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Member(s). | |
| 23 | 4 | The Selection Committee shall make its recommendation to the Government within a period of sixty days from the date of reference made under subrule (1). | |
| 23 | 3 | The Selection Committee shall select two persons for each vacancy and recommend the same to the Government. | |
| 23A | 3 | The Chairperson and member shall be entitled to residential houses and vehicles as per their entitlement. | |
| 23A | 1 | The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows, namely: | |
| 23A | 4 | All other allowances and conditions of service of the Chairperson and the other Member shall be such, as may be determined by the State Government, from time to time. | |
| 23A | 1 | (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 |
| 23A | 2 | The Chairperson and Member shall be entitled to thirty days of earned leave for every completed year of service. | |
| 23A | 1 | (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 |
| 24 | 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. | |
| 24 | 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. | |
| 25 | 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. | |
| 25 | 1 | In addition to the powers specified in clause (g) of subsection (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. | |
| 26 | 0 | (l) | sanction of new capital assets or scrapping/ writeoff of capital assets which have become unserviceable or are considered beyond economical repairs |
| 26 | 0 | (k) | matters pertaining to staff welfare expenses; |
| 26 | 0 | (j) | permission for invitation of guests/ experts to carry out training course; |
| 26 | 0 | (i) | nominations for attending seminars, conferences and training courses within and outside State; |
| 26 | 0 | (h) | permission for hiring of vehicles for official use; |
| 26 | 0 | (g) | matters in relation to grant or rejection of leaves; |
| 26 | 0 | (f) | matters in relation to reimbursement of medical claims; |
| 26 | 0 | (e) | authorisation of tours to be undertaken by any Member, officer or employee within and outside State; |
| 26 | 0 | (d) | acceptance of resignations by any Member(s) or officer(s) with prior approval of the Government; |
| 26 | 0 | (c) | matters pertaining to appointments, promotions and confirmation for all posts with prior approval of the Government; |
| 26 | 0 | (b) | matters pertaining to creation and abolition of posts with prior approval of the Government; |
| 26 | 0 | (a) | matters pertaining to staff strength, wages and salary structures, emoluments, perquisites and personnel policies with prior approval of the Government; |
| 26 | 0 | The Chairperson of the Appellate Tribunal shall exercise the administrative powers in respect of, | |
| 26 | 0 | (m) | all matters relating to disciplinary action against any officer or employee. |
| 27 | 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: | |
| 27 | 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. | |
| 28 | 2 | The Authority shall for the purposes of deciding any complaint as specified under subrule (1), follow summary procedure for inquiry in the following manner, namely: | |
| 28 | 2 | (d) | on the date so fixed, the Authority shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent. |
| 28 | 2 | (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; |
| 28 | 2 | (b) | the respondent against whom such notice is issued under clause (a) of subrule (2), shall file his reply in respect of the complaint within the period as specified in the notice; |
| 28 | 2 | (c) | the notice shall specify a date and time for further hearing and the date and time for the hearing shall also be communicated to the complainant; |
| 28 | 2 | (i) | pleads guilty, the Authority shall record the plea, and pass such orders including imposition of penalty as it deems fit in accordance with the provisions of the Act or the rules and regulations, made thereunder; |
| 28 | 2 | (ii) | does not plead guilty and contests the complaint, the Authority shall demand an explanation from the respondent |
| 28 | 2 | (e) | in case the Authority is satisfied on the basis of the submissions made that the complaint does not require any further inquiry, it may dismiss the complaint with reasons to be recorded in writing; |
| 28 | 2 | (f) | in case the Authority is satisfied on the basis of the submissions made that there is a need for further hearing into the complaint, it may order production of documents or other evidence(s) on a date and time fixed by it; |
| 28 | 2 | (g) | the Authority shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions; |
| 28 | 2 | (h) | the Authority shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence, the Authority shall not be bound to observe the provisions of the Indian Evidence Act, 1872 (11 of 1872); |
| 28 | 2 | (i) | on the date so fixed, the Authority upon consideration of the evidence produced before it and other records and submissions, is satisfied that, |
| 28 | 2 | (i) (i) | the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder, it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made thereunder; |
| 28 | 2 | (i) (ii) | the respondent is not in contravention of the provisions of the Act or the rules and regulations made thereunder, the Authority may, by order in writing, dismiss the complaint, with reasons to be recorded in writing; |
| 28 | 3 | The procedure for day to day functioning of the Authority, which have not been provided by the Act or the rules made thereunder, shall be as specified by regulations made by the Authority. | |
| 28 | 4 | Where a party to the complaint is represented by an authorised person, as provided under section 56, a copy of the authorisation to act as such and the written consent thereto by such authorised person, both in original, shall be appended to the complaint or the reply to the notice of the complaint, as the case may be. | |
| 28 | 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. | |
| 29 | 2 | (d) | on the date so fixed, the adjudicating officer shall explain to the respondent about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder and if the respondent, |
| 29 | 4 | Where a party to the complaint is represented by an authorised person, a copy of the authorisation to act as such and the written consent thereto by such authorised person, both in original, shall be appended to the complaint or the reply to the notice of the complaint, as the case may be. | |
| 29 | 3 | The procedure for day to day functioning of the adjudicating officer, which have not been provided by the Act or the rules made thereunder, shall be as specified by regulations made by the Authority. | |
| 29 | 2 | (j) | if any person fails, neglects or refuses to appear, or present himself as required before the adjudicating officer, the adjudicating officer shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so. |
| 29 | 2 | (i) (ii) | not liable to any interest or compensation, as the case may be, the adjudicating officer may, by order in writing, dismiss the complaint, with reasons to be recorded in writing; |
| 29 | 2 | (i) (i) | liable to pay interest and compensation, as the case may be, the adjudicating officer may, by order in writing, order payment of interest as specified in rule 14 and such compensation as he deems fit. |
| 29 | 2 | (i) | on the date so fixed, the adjudicating officer upon consideration of the evidence produced before him and other records and submissions is satisfied that the respondent is, |
| 29 | 2 | (h) | the adjudicating officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence. |
| 29 | 2 | (g) | the adjudicating officer shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions; |
| 29 | 2 | (f) | in case the adjudicating officer is satisfied on the basis of the submissions made that the there is a need for further hearing into the complaint, he may order production of documents or other evidence on a date and time fixed by him; |
| 29 | 2 | (e) | in case the adjudicating officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry, he may dismiss the complaint; |
| 29 | 2 | (d) (ii) | does not plead guilty and contests the complaint, the adjudicating officer shall demand and explanation from the respondent; |
| 29 | 2 | (d) (i) | pleads guilty, the adjudicating officer shall record the plea, and by order in writing, order payment of interest as specified in rule 15 and such compensation as he deems fit, as the case may be, in accordance with the provisions of the Act or the rules and regulations, made thereunder; |
| 29 | 2 | (c) | the notice may specify a date and time for further hearing and the date and time for the hearing shall also be communicated to the complainant; |
| 29 | 2 | (b) | the respondent against whom such notice is issued under clause (a) of subrule (2) may file his reply in respect of the complaint within the period as specified in the notice; |
| 29 | 2 | (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; |
| 29 | 2 | The adjudicating officer shall for the purposes of adjudging interest and compensation follow summary procedure for inquiry in the following manner, namely: | |
| 29 | 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. | |
| 3 | 1 | (f) | where the promoter is not the owner of the land on which development of project is proposed, details of the consent of the owner(s) of the land along with a copy of the registered (wherever applicable) collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land on which project is proposed to be developed; |
| 3 | 1 | (g) | name, photograph, contact details and address of the promoter if it is an individual and the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorized person, in case of other entities. |
| 3 | 2 | The promoter shall pay a registration fee at the time of application for registration by way of 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 a sum calculated at the rate mentioned in Schedule1. | |
| 3 | 3 | The declaration to be submitted under clause (l) of subsection (2) of section 4, shall be in Form REPII, which shall include a declaration stating that the promoter shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be on the grounds of sex, cast, creed, colour, religion etc. The promoter may have differential pricing of units/ apartments/ plots. | |
| 3 | 1 | An application to the Authority for registration of the real estate project shall be made in writing in Form REPI, 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 | |
| 3 | 1 | (a) | authenticated copy of the PAN card of the promoter; |
| 3 | 1 | (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; |
| 3 | 1 | (c) | the number of open parking areas and the number of covered parking areas available in the real estate project; |
| 3 | 1 | (d) | authenticated copy of the legal title deed reflecting the title of the promoter to the land on which development of project is proposed along with legally valid documents for chain of title with authentication of such title; |
| 3 | 1 | (e) | details of encumbrances on the land on which development of project is proposed; including details of any rights, title, interest, dues, litigation and name of any party in or over such land. Non encumbrance certificate issued by the concerned revenue authority not below the rank of Tehsildar; |
| 30 | 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. | |
| 30 | 2 | The Authority shall preserve the accounts and other relevant records prepared under subrule (1) for a minimum period of five years. | |
| 30 | 3 | The accounts and other relevant records under subrule (1) shall be signed by the Chairperson, Members, Secretary and the officer incharge of Finance and Accounts. | |
| 30 | 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. | |
| 31 | 2 | The Authority may also include in the Annual Report such other matters as deemed fit by the Authority for reporting to the Government. | |
| 31 | 1 | The Authority shall prepare its annual report in Form 'ARA'. | |
| 31 | 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. | |
| 4 | 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 area/ super built up area, built up area etc. which shall not affect the validity of the agreement entered into between the promoter and the allottees to that extent. | |
| 4 | 3 | In case of a plotted development, the promoter shall disclose the area of the plot being sold to the allottees as per the demarcation/ zoning plan approved by the competent authority. | |
| 4 | 4 | For ongoing and new projects, the promoter shall, within a period of three months of the application for registration of the project with the Authority, deposit in a separate bank account, seventy percent of the amount already realized from the allottees, which shall be utilized for meeting the land and construction cost of the project as provided under subclause(D) of clause (l) of subsection (2) of section 4 which shall be used for the purposes specified therein. | |
| 4 | 4 | 1 | For the purposes of subclause (D) of clause (l) of subsection (2) of section 4, the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease, registration charges, stamp duty and brokerage cost etc. |
| 4 | 4 | 2 | The construction cost shall be the cost incurred by the promoter, towards the onsite expenditure for the physical development of the project inclusive of all statutory charges as well as external development charges (EDC). |
| 4 | 5 | A Project where an application under rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 or under subcode 4.10 of the Haryana Building Code 2017, as the case may be, is made to the competent Authority on or before publication of these rules but the grant of part completion/ completion under The Haryana Development and Regulation of Urban Area Rules, 1976 or occupation certificate, part thereof, under sub code 4.10 of the Haryana Building Code 2017, as the case may be, is refused by the Competent Authority, whether before, on or after 31.07.2017,the promoter shall have to make an application to the Haryana Real Estates Regulatory Authority for registration of the project 5 within thirty days of receipt of communication of such refusal by the applicant. | |
| 4 | 1 | The promoter of an ongoing project shall make an application to the Authority to furnish the following information, namely: | |
| 4 | 1 | (a) | the total money collected from the allottees, money spent on development of the project and the balance/ unspent amount lying with the promoter; |
| 4 | 1 | (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. |
| 5 | 1 | Upon the registration of a project, the Authority shall issue a registration certificate with a registration number in Form REPIII 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. | |
| 5 | 2 | In case of rejection of the application, the Authority shall inform the promoter in Form REPIV: 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 of issuance of communication regarding such defects. | |
| 6 | 3 | In case of extension of registration, the Authority shall inform the promoter about the same in Form REPVI and in case of rejection of the application for extension of registration, the Authority shall inform the promoter about such rejection in Form REPIV. 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 of issuance of communication regarding such defects. | |
| 6 | 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 subrule (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 extension fee of registration. | |
| 6 | 1 | The registration granted under the Act, may be extended by the Authority, on an application made by the promoter in Form REPV, in triplicate within three months prior to the expiry of the registration granted. | |
| 7 | 0 | Upon the revocation of registration of a project under section 7, the Authority shall inform the promoter about such revocation in Form REPIV. Provided that, the promoter shall be given an opportunity of being heard before revocation of registration of his project. | |
| 8 | 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. | |
| 8 | 1 | The agreement for sale shall be as per Annexure A. | |
| 9 | 1 | (f) | such other information and documents, as may be specified by regulations. |
| 9 | 1 | (d) | the authenticated copy of the PAN card of the real estate agent; |
| 9 | 1 | (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; |
| 9 | 1 | (b) | the particulars of registration (whether as a proprietorship, partnership, company, society etc.) including the byelaws, memorandum of association, articles of association, etc. as the case may be; |
| 9 | 1 | (a) | the brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, society, partnership, company etc.); |
| 9 | 1 | Every real estate agent shall make an application in writing to the Authority in Form REAI, in triplicate, for registration alongwith following documents, namely: | |
| 9 | 2 | The real estate agent shall pay a registration fee at the time of application for registration by way of 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. | |
| 9 | 1 | (e) | the authenticated copy of the address proof of the place of business; |
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Mini Secretariat, New Office Block,
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Haryana- 134114,India
Email: hrerapkl[dash]hry[at]gov[dot]in
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