Assam Real Estate (Regulation and… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	2016
Jurisdiction	State of Assam
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	property

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Registered No.-768/97 THE ASSAM GAZETTE ~~ct EXTRAORDI NARY ~~<P{~~~~ PL'BLfSHED BY THE AUTHORITY ~~ l 67fWct9J.~.~.9 ~',20l7 . 19~~'ii, 1939 ~) '.\'o 167 Dispur. Tu~sda), 9th May, 2017, 19th Vaisakha, 1939(S.E.)

~--=--- ~====-==-=================================================== GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR URBAN DEVELOPMENT DEPARTMENT NOTIFICATI ON The 6th May, 2017 l ' D D(T)92/2015/269.- In exercise of the powers conferred by Section 84 read with sub-clause ( 1' } ol clause (g) of ect1on 2 of the Real Estate (Rcgul.ation and Development) Act, 2016 (No. 16 of 2016), the Governor of Assam is hereby pleased to make the following rules for the State of Assam, nnrncly :- I.

CHAPTER-I PRELIMINARY Short title and Commencement.- ( I) These rules may be called the Assam Real Estate (Regulation and Development) Rules, 2017.

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

2. Definitions.- ( I) In these rules, unless the context otherwise requires, -

(a) "Act" means the Real Estate (Regulation and Development) Act, 2016 (No. 16of2016);

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

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

(d) "Form" means a form appended to these .rules;

( e) "appropriate government" means the Government of Assam;

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

1176 THE ASSAM GAZETTE, EXTRAORDlNARY, MAY 9. 2017

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

(h) "section" means a section of the Act.

(2) Words and expressions used herein and no t defined, but defined in the Act, sha ll have the same meaning respective ly assigned to them in the Act.

C HAPTER 11 Rl!:AL ESTATE PROJECT

3. lnformatfon a nd documents to be furnished by the promoter fo r n·gistnttion of real esta ll' project. - ( l) The promoter shall furnish the follow ing additional information and d<.)<.:uments. aloog wnh those specified under the relevant sections or the Act, for registration or 1111.: re;ll estate proj~t wnh the regulatory al1thori1y. namely:- ( a) authenticated copy of the PAN card of the promoter;

(b) annual report inc luding audited profit and loss account, balance sheet. cash !low statement, directors report and the auditors report of the promoter for the immc<liaiely preceding three financial years; and where annuul repo rt is not uvailuble. the audited profit and loss account, balance sht:t!t, cash flow statement and the auditors reporl or che prornOier for the 1m1:ied1:1tdy preceding three financ:ial years:

( d) authenticated copy o( the legal title deed rdlcc1ing the title 01 the promoter to the h.111d on which deve lopment ~s proposed lo bc develoµcd along wi th kgally valid documen t:-- w 11h authcnttcation of such titk, i f such land i~ owncd by another person.

(e) the details of encumbrnm:i::::. un the land on which 1.kvt>lopml.'nt or pro.1ect i~ proposed including details of any right~. titk. i.nccn::st. due!' lit1g"111011 and m1mc llf pany in or uvl'l' such bnd or non-encumbrance certific3[t: through 1111 3(hocalc rr~rnl the r1..·vem1~ authont:.

not t'lduw the rank of Circle Orticcr. as the casl! may be:

(I) where lhe promoler is not the owner of the land on which development ol pro_iect 1s propo8ed dt!taits of the consent of the owner of the land along v. ich a copy of tht:

collaboration agreement, (.kvelopmenl agreement. joint developmt!nl agreement or ,tn) other agreerncnr. as the case may be, entered into between rhe promoter and such uwnl't and copies of Litle und other documents reflecting the tt1le of such owner on 1he land 01 which project is proposed to be developed;

(g) name, photograph. contact details and address or the promoter if 11 1s an ind1V1clual and the name. photograph. contact dc1ails and uddres~ or the chairman. partners. directors as 1he case may be, and 1he authorised per,..0 11 in case of oth<.!r entit ies.

(2) rhc:: application referred 10 1n sub-sec tion (l) Qf section 4 :,hall be made tn writing as per l·onn ·A ' , wh1l:h shall be submitted in 1nphca1e, un11I tht! applicatmn procedure i" nu1Jc web based as providcu under sub-~ec1ion (3) of section 4 of chc A1.:1.

(3) The promoter shal l pay a rcg1stra 11 on rct:: at the t11n~ of appf1ca11on for re~t!itration b> ""'1) t>C a dt.:mand drnfl or a bankers t.:hequt: drawn on :my ::.chl?duled b.rnk 01 through on!i111.• paymt.:111 mode, as the case may be, for u sum cakul,1ted ~It the rntc ol': - • ..

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THE ASS/\M GAZETTE. EXTRAORDINARY, MAY 9, 2017 1177

(a) 10 ca~e of group housmg project,- ft \e rupees per square metre for projects where the area of land proposed to be developed does not exceed one thousand square meters; or rupees ten per ::>quare meter fo r projects where the area of land proposed to be developed exceeds one th0usand square meters. but shall not be more than fi ve lakhs rupees;

(hl 111 ca:-;0 of mixed development (residential and commercial) project,- ten rupees per square me1cr for pro,1ect-. "here the area of land proposed 10 be developed does not exceed one tlwu-.and '>quare mctl' rs: or fi ftc.:c.:n rupees pt::r square meter for projects where the area of land pr<'Pl'~ed to he de'>cloped exceeds one thousand square meters, hu1 shall not be more than SC\ en lakhs rupees

(c) in ca:.c of commerci al projects,- twenty rupees per square meter for projects where the area of land proposed to be developed docs not exceed one thousand square meters; or twenty five ruoecs ocr square meter fo r projects where the area of land proposed to be developed exceeds one thousand square meters. but shall not be more than ten lakhs rupees;

(dJ in cas~ of ploned development projects,- five rupees per square meter, but shall not be mor\! than two lakhs rupees ( ..1) fhe declarauon to bt.: :.ubm1ned under clause (1) of sub-section (2) of section 4 of the Act '\hall he as per Form 'B'. which shall include a declaration stating that the promoter shall not d1scnminare against any allottee at the time of allotment of any apa11ment, plot or building, as the case may be.

(5) ln case the promoter applies for withdrawal of application for registration of the project heforc the expiry of the period of 30 days provided under sub-secti on ( 1) of section 5, registration fee to the extem of ten percent paid under sub-ru les (3) above, or rupees fifty thousand whichever is more, shall be retained as processing fee by the regulatory authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal.

"· Disclosure by promoters of ongoing projects.- ( 1) Upon the notification for commencement of sub-section ( 1) of section 3, promoters of all ongoing projects which have not received occupancy certificate shall, within the time specified in the said sub-section, make an application to the Regulatory /\uthority in the form and manner rrovided in rnle 3.

(2) The promoter shall dic;closc all project details as requ ired under the Act and the rules and reg.ulations made thereunder, including the stallls or the prc~jcct and the extent of completion including original sanc1 ioned plan, layout plan and specification and subsequent modifications carried out, if any. The promoter shall disclose the original time period disclosed to the allonees fo r completion of the project at the time of sa le including del ay. This information shall be cert ified by an engineer, an arch itect and a chartered accountant in practice.

(3) The promoter shall disclose the size of the apartment based on carpet area even if earlier sold on any other basis such as super area, super built up area, built up area etc. which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent. The promoter shall declare total amount of money collected from allottces and total amount of money used fo r development of the project includ ing the total amount of balance money lying with the promoter.

( 4) Tn case of plotted development the promoter shall disclose the area of the plot being sold to the allonecs as per the layout plan.

Cost of land and const ruction.- (1) For the purposes of sub-clause (D) of clause (I) of sub s~ction (2) of section 4, the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease charges etc.(2) For the purposes of sub-clause (D) of clause (I) of sub-section (2) of section 4, the construction cost shall be the cost incurred by the promoter, towards the on-site expenditure for the physica l development of the project.

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THE ASSAM 01\ZETTE, EXTRAORDINARY, MAY 9, 20 l 7 G rant or rejection of regi tration of the project.- ( I) Upon the registration of a project as per section 5 read with rule 3, the Regulatory Authority shall issue a registration certificate with a registration number as per Form 'C. to the promoter.

(2) In case of rejection of the application as per section 5, the regulatory au1horit)' shall inform the applicant as per Form • D'.

Provided that the Authority may grant an opportunity to the applicant to rectify the defects in the application within such times that the Authority specifies.

Extension of r egistration of the project.- ( 1) The registration granted under sect10n 5, may be extended as per section 6, on an application made by the promoter in Form 'E' which shall not be less than three months prior to the expiry of the registration granted.

(2) The application for extension of registration shall be accompanied with a demand draft or a bankers cheque dra\¥11 on any scheduled bank or through online payment mode , as the case may be for ~ amount equivalent to half the registrat ion fee as prescribed under sub-rule (3) of rule 3 along with an explanatory note setting out the reasons for delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reasons:

Provided that where extension of registration is due to force majeure the regulatory authori ty may at its discretion waive the fee for extension or registration.

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

(4) Ln case of extension of registration, the regulatory authority shall inform lhc promoter about the same as per Form 'F' and in case or rejection of the application tor extension of registration the regulatory authority shall, after giving an opportunily to the applicant to be heard in the maner as per second proviso of section 6, in form the promoter about the same as per Form ·o·:

Revocation of Registration of tb e project.- Upon the revocation of registration of a project as per section 7 the regulatory authority shall inform the promoter about such revocation as per Form ' D' .

9. Agreement for sale.- (I) For the purpose of sub-section (2) of section 13. the agreement for sale shall be in the fonn as per Anncxure 'A·.

(2) Any application letter, al lotment letter or any other document signed by the allottee, in respect of the apartment, plot or buiiding, 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 the rights and interests of the allonee under the agreement for sale or under !he Act or the rules or the regulations made thereunder.

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Tl IE A. SAM GAZETTE, EX'! RAORDTNARY, MAY 9, 2017 C HAPTER rn RF:/\L ESTATE /\GENT 11 79 Application for Registration hy the real estate agent.- (1) Every real estate agent '"equ1red 10 register as per sub-section (2) of sec11on 9 of the Act shall make an application in \.\'Tili ng to the Regulatory Authority as per Form ' G' along with the fol lowing documents, namely:-

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

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

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

(d) authenticated copy of the PAN card;

(e) income tax returns filed under the provisions of the lncome Tax /\ct, 1961 for three financial years preceding the application or in case the appl icant was exempted from filing returns under the provisions of the Income Tax /\ct, 1961 for any of the three year preceding the application, a declaration to such effect;

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

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

(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 or through online payment mode, as the case may be, drawn on any scheduled bank, for a sum of rupees ten thousand in case of the applicant being and individual; or rupees fifty thousand in case of the applicant being anyone other than an individual.

Grant of Registration to the real estate agent.- (1) Upon the registration of a real estate agent as per section 9 read with rule 10, the Regulatory Authority shall issue a registration ce11ificate with a registration number as per Form 'H' to the real estate agent.

(2) In case of rejection of the application as per section 9 the Regulatory Authority shall inform the applicant as per Form ' I'.

1180 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 9, 2017

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

12. Renewal of registration of rea l estate agent. - (I) The registration granted under St.!ction 9, ma) be renewed as per section 6, on an application made b) the real estate agent in Form ' J' which shall not be less than three months prior to the expiry u!' the n.:gistration gran ted.

(2) The application for rencv.al of registration shall be accompanied with a demand drat!

or a bankers cheque or through onlim: payment mode. as the case may bt.!, drawn on an:

scheduled bank. for a sum of rupees five thousand in case of the real estate agent being an individual or rupees fifty thousand in case of the real estate agcnt being an) one othl'r than an individual.

(3) The real estate agent shall also submit all the updated documents set out in clause

(a) to (f) of rule 10 at the ti me of application for renewal.

(4) In case of renewal of registrat ion, the regulatory authority shall inform the reul estate agent about the same a!) per Form 'K · and in case or rejection of the appl icati0r for renewal of registration the regulatory authority, sha ll inform the real estate agent as per Form T:

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

(5) The renewal of registration of the real estate agent shall be granted prov ided that the real estate agent remains in compliance with the provisions of the Act anJ the ruk" anJ regulations made thereunder.

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

13. Revoca tion of Registration of rea l estate age nt.- The Regulatory Authority may, due to reasons specified under sub-section (7) of section 9, revoke the registration granteJ t- the real estate agent or n.:ne\\al thereof. as the case may be, and intimate the real t:Statc agent of such revocation as per Form ·I '.

14. Maintena nce an<l preserva tion of books of acco unts, record a nd doc ument!'.- l'h1.:

real estate agent shall maintain and preserve books of account, records and document<; in accordance with the provisions of tht: Income Tax Act. 1961 ( 43 of 196 1 ). as amrndcJ from time to time, and rules made thereunde r.

15. Other fu nctions of a real estate agent.- The real estate agent shall provide assista111:e to enable the allottee and promoter to exercise their respcl!tivc rights and full i l their respective obligations at the time of booking and sale L)f an~ plot, apanm1.:n: 0r building, as the case may be.

CHAPTER l\' DETAILS T O BE PUBLISI l ED ON THE WEBSITE OF THE AUTHORJT\'

16. Details to be published on the website.· ( 1) For the purpose of clause (b) or section 34, the regulatory authority shal l ensure that che following infom\ation shall be made available on its website in respect of each project registered:

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(a) Details of the promoter including the following:

(i J Developer or Group Protile:

f AJ a briet' detail ol his enterprise includi ng its name, registered address, type of l!nterprise (proprietorship. limited liabilit) partnership, society, partnership, company, competent authori ty) and the particulars of registrntion and in case of a newly ncorporated or registered entity, brief details of the of the parent entity including its name. registered address. type of enterprise (proprietorship, societies, limi ted liability partnership. partnership. companies. competent authority);

(B) background of promoter- educational qualification, work experience and in cc1se of a newly incorporated or registered entity work experience of the parent entity.

f ii) 1 rack record ot the promoter:

1 .-\ J number of years of experience of the promoter or parent entity in real estate construction in the state/union territory;

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

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

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

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

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

(iv) Website:

(A) web link lo the developer or group website:

(B) web link lO the project website.

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

(i) Compliance and registration:

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

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

(ii ) Apartment and garage related details:

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

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

1182 THE ASSAM GAZETTE, EXTRAORDINARY, MA y 9. 2017

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

(iv) Consultants: Details, including name and addresses, of contractors, architect and structural engineers and other persons concerned with the development or the real estate project as provided under clause (k) of sub-section (2) of section -1.

such as:- {A) Name and addrt:ss of' the 1.irm (B) Names of promoters (C) Year of establishment (D) Names and prolilc of' key projects completed

(v) Location: the location details of the project, with clear dcman;ation or land dedicated for the project along with its boundaries including the latitude and longitud~ of the end points of the project as provided under clause (f) of sub- section (2) of section 4.

(vi) Development Plan:

(A) The plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting faci li ties.

drinking water facilities, emergency evacuation services, use of renev .. ·able energy etc. as provided under clause (e) of sub-section (2) of section 4;

(B) Amenities: a detailcd note explaining the salient features of the proposed project including access to the project, design for electric supply including street lighting, \""ater supply arrangements and si te for disposal and treatment of storm and sullage water, any other f'acilitie~ and amenities or public health services proposed to be provided in the prnject;

(C) Gantt Charts and Project schedule: the plan of development works to b~ executed in the project and the details or the proposed facili ties to be pro' iJl.'d thereof.

(d)

(i) authenticated copy of the PA, card of the promoter ;

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

The promoter shall upload the following updates on the webpage for the proj1:cl. .

within seven days from the expiry of each quarter:

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

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(ii) Li ~t ol numbl.!r ot garages booked;

(iii ) Status of the project.

{A ) Status of construcuon of each building with photographs;

(8) Status of construction of each noor with photographs;

1183 (C ) Status of construction of internal infrastructure and common areas with photographs ( 1 , , ) ta tu~ of approvals:

1 A . Approval rece1' ed;

(B ) Approvals applied and expected date of receipt;

t C) Approvals to be applied and date planned for application;

(0 1 Modifications. amendment or revisions. if any, issued by the competent authority with regard to any license. permit or approval for the project.

Downloads:

(i) Approvals:

(A) 'o Objection certificates - Consent to Establish and Operate;

-Environmental Clearance;

- Fire NOC;

-Permission from Water and Sewerage department;

-I \eight clearance from Airport Authority of Jndia;

-Such other approvals as may be required and obtained for the project.

(B) Authenticated copy of the license or land use permission, building sanction plan and the commencement certificate from the competent authority obtained in accordance with the laws applicable for the project, and where the project is proposed to be dc\'elopcd in phases, an authenticated copy of the license or land use permission, building sanction plan and the commencement certificate for each of such phases;

(C) Authenticated copy of the site plan or site map showing the location of the project land along with names of revenue estates, survey numbers, cadastral numbers, khasra numbers and area of each parcels of the project land;

(D) Authenticated copy of the layout plan of the project or the phase thereof, and aJso the layout plan of the whole project as sanctioned by the competent authority;(E) Floor plans for each tower and block including clubhouse, amenities and common areas;

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

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

(ii) Legal Documents:

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

1184 THE ASSAM GAZETTE, EXTRAOIU)JNARY. :v1AY 9, 2017 (B) Authenticated copy of the legal title deed reflecting the title of the promoter lo the land on which development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;

(D) Details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with dt::tails or no encumbrance certificate from an advocate having experience of at least ten years in land related matters;

(E) where the promoter is not the owner of the land on which development i-;

proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land proposed to be developed; ·

(f) Sanction letters:

-From banks for construction finance;

-from banks for home loan tie-ups.

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

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

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

(3) For the purpose of clause (d) of section 34, the regulatory authority shall ensure that the fo llowing information shall be made available on its website in respect of each real estate agent registered with it or whose applicati?n for registration has been rejeded or reYokeJ:

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

(i) registration mt.mber and the period of validity of the registration of the real cstatt.:

agent with the regulatory authority;

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

(iii) particulars of registration including the bye- laws, memorandum or association.

anicles of association etc. as the case may be;

(iv) photograph of the real estate agent if it is and individual and the photograph of' th<:

partners, directors etc. in case of other persons;

(v) authenticated copy of the PAN card;

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IHE ASSA M Ci/\ZFTTI". EXTRAORIJN/\RY, V1AY 9, 20 17 11 85 l ' i l income tax returns ti led under lhe provisions of lhc Income Tax Act, 1961 for three financial years preceding the application or in case the applicant was exempted : :-on: tiling returns under the provisions ot the Income Tax /\ct, I 961 for any of the three : ;;ar preceding the application. a declaration to such effect;

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<vi 1) authenticated copy of the address proof of the place of business and the contact address, contact numbers and email-ids of the real estate agent and other officials rcsponsihle.

(h) In case of applicants whose application for registration as a real estate agent have been reiected or real estate agents whose registration has been revoked by the rcgulatery authority (i} rcgisrration number ,md the period of validity of the registration of the real estate agent with the regulator: authori ty;

(1i) brief dernils of hi:. enterpnse including ils name, registered address, type of enterpri se (proprietorship, societies, partnership. companies etc.);

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

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

CHAPTER V RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEEAND TTMELINES FOR REFUND Rate of intere t payab le by th e promoter and the a llottee.- The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may he, shal l he the State Bank or India's Marginal Cost of Lending Rate plus two percent:

Provided that in case the State I3ank of India's Marginal Cost of Lending Rate is not in use it would be replace by such benchmark lending rates which the State Bank of India may fix from time to time for lending to the general public.

I l 86 THE ASSAM GAZETTE, EXTRAORDfNARY,' MAY 9l 2017

18. Timelines for refund.- Any refund of monies along with the applicable interest and compensation, if any, payable by the promoter in tem1s of the Act or the rules and regulations made thereunder, shall be payable by the promoter to the alloncc within forty-five days from the date on which such refund along with applicable interest and compensation, if any, becomes due.

CHAPTER VI REAL ESTATE REGULATORY AUTHORITY

19. Mano er of selection of chairperson and members of the Authority.- ( 1) As and when vacancies of' Chairperson or a Member in the regulatory authority exist or a.rise, or are likely to arise, the appropriate Government ma) make a reference to the Selection Comrninee in respect of the vacancies to be ti lied.

(2) The Selection Committee may, for the purpose of selection of the Chairperson or a Member of the regulatory authori ty, follow such procedure as deemed tit including the appointment of a search committee consisting of such p1.:rsons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Chairperson or Member of the regulatory authority.

(3) !he Selection Committee shall select two persons for each \'acancy a:id recommend Lhe same to the appropriate Government.

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

(5) The appropriate government shall within thirty days from the date of the recommendation by the Selection Committee, appoint one or the two p~rson::;

recommended by the Selection Committee for the vacancy of the Chairperson or Member, as the case ma) be.

20. Salary and allowances payable an<l other terms and conditions of se r vice of Chairperson and Members of the regu la tory autbority.-

(1) The saJaries and allowances payable.to the Chairperson and Mcmbt'r!:> of tht;

regulatory authority shall be as follows:

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

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

(c) Every part-time member. who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the regulatory authority as ma) be detennined by the appropriate government, from time to time and they shall not bt:

entitled to any allowance relating to house and vehicle.

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(2) The Chau-person and every other Member shall be entitled to thirty days of earned lea' e for ever) year of service.

(3) I he other allowances and conditions of service of the Chairperson and the whole umL \1ember shall be as per notificati on issued by the appropriate government rrom lime to ti me.

;. 2 I . Administrative po\' er of the Chairperson of the regulatory authority.- [ he .idmimstrative powers of the Chairperson of the regulatory authority shall include m.ikinc dec1s1ons w!lh regard lO the fo llowing· la) ,\I l m,llters pertaining to staff strength , wages and salaries structures, emoluments, rcrqui:; itcs and personnel policie.;

(bl dll matters pertain ing to creation and abolition of posts;

'd) :1cccptancc of resignations h) any 11.~ember , officer or employee;

( f) dUthorizallon of tours to be undertaken by any Member, officer or employee:

\\ ithin and otlls1<le India and al lowance to be granted for the same;

(g) all maners in relation to reimbursement of medica l claims;

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

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

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

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

(I) all maners pertaining 10 staff welfare expenses;

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

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

( o) any other powers that may he requi:ed for the eflicient functioning of the Authority and enforcemenc of the provisions of the Act and these Rules.

22. Salary and allowances payable and other terms and conditions of service of the officers and other employees of the regulatory authority and experts and consultants engaged by the regulatory authority. - (J) The conditions of service of the officers and employees of the Authori ty and any other category of employees in the matter of pay, allowances, leave, joining time, joining time .pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the appropriate Government and drawing the corresponding scales of pay;

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

I 188 THE ASSAM GAZETTE, EXTRAORDINAR°v, MAY 9, 2017

(a) shall be paid a monthly honorarium as may be determined by the appropriate Government from time to time· '

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

(d) the terms of the ir appointment '.11ay be terminated by the Authori ty by serving one month 's notice.

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

23. Functioning of the Authority.- ( 1) The office of the regulatory authority sha ll be located at such place as may be determined by the appropriate Goverrunent by noti tication.

(2) The working days and office hours of the regulatory authority shall be the same as that of the appropriate Govt.!rnment.

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

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

24. Addit ional powers of the Authority.- ( 1) ln addition to the powers specified in sub section (2) of section 35 the regulatory authority shall have the following additional powers:

(a) require the promoter, allottcc or real estate agent to furnish in wnung ... uch information or explanation or produce such documents wi thin such reasonable time, as it may deem necessary;

(b) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (I of 1872), any public record or document or copy or such record or document i·rom any office.

(2) The regulatory authority may call upon such t!Xperts or consultants from the liel<ls or economtcs, commerce, accountam:y, real estate, competition, construc.:uon, architecture or engineering or from any other disciplirn: as it <lcems neccssar~. to assist the regulatory authority in the conduct of any inquiry or proccec.!ings bcfon.: it.

(3) On receipt of tht.! application in prc:>cribcd lorm and compktc in all respects undcr section 4 read with rule 3 for registration of a project, the Authoril) ma) reviC\\ th.:

documents submitted along with the application und<.!r rule J and enquire. inter-uliu, into the following matters and such other matters, as it may consider neccssar), prior _.

Tl IE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 1189 to grant of registration wi thin the time prescribed under sub-section (1) of section 5, namcl) -

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

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

( c) layout plan of the project, 1d :inan ial, technical and managerial capacity of the promoter to develop the project:

(e) plan regarding the development works to he executed in the project; and ~ f\ conform Hy pf dcvcloprncnt of the project with neighboring areas .

.i ) The .\uthNity ma) in the interest of the allottecs, enqui re into the payment of ap1 1um1; imposed as penalty, interest or compensation, paid or payable by the r.rc11nc,ter in order to ensure that the promoter has not:

(aJ wnhdrawn the said amounts from the account maintained as provided under sub clause (0) of clause (l) of sub-section (2) of section 4; or

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

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

25. Mnnner of recovery of interes t, penalty and compensation.- Subject to the provisions of sub-section (I) of section 40, the recovery of the amounts due as arrea rs of land revenue shal l be carried out in the manner provided in local laws.

26.

(2) Manner of implementation of order, direction or decisions of the adjudicating officer, the Authori ty or the Appellate Tribuna l. - For the purpose of sub-section of section 40, every order passed by the adjudicating officer, regulatory authority or Appella te Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shal l be enforced hy the adjudicating officer, regulatory authority or the 1\ppellate Tribunal in the same manner as if it were a decree or order made by the principal civil court in a suit pending therein and it shall be lawful for the adjudicating orficer, regulatory authori ty or Appellate Tribunal , as the case may be, in the event of its inability 10 execute the order, send such order to the principal civil court, to execute such order either within the local li mits of whose jurisdiction the real estate project is located or in the principal civil court l 190 THE AS ' AM GAZETl'E, EXTRAORDl\fARY, MAY 9, 2017 within the local limits of whose j urisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business. or personal ly works for ga in.

CH APTER V II CENTRAL ADVISORY CO UNCIL

27. Manner of giv ing effect to the r ecommendation of the Central Ad visory Coundl. ( I ) Pursuant to its establishment as per sub-section ( I ) of section 41 of the /\ct the Central Advisory Council shall, at such intervals as it may deem necessary, make recommendation on the matters se t out in sub-section ( I) of section 42 of the Act.

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

(3) Lpon receipt of' comments on the draft recommendation as per sub-rule (2). the Central Advisory Council shall finalize its recommendation after incorporating such comments as it may deem appropriate and re fer the same lo the Central Gov1.: rnment.

who shall have the authority-

(a) to accept such recommendation in entirety:

(b) to accept such recommendation with such ami;ndments as it may deem fi t anJ proper;

(d) to reject such recommendation.

( 4) Pw·suant to acceptance of the recommendations or part thereof the Central Government may share the recommendation of the Central Ad ' isory Council "'·ith the appropriate Government of States and lJnion TetTitories wi th Legislature.: for further necessary action to give effect to the said recommendation.

(5) As regards, the Cnion territories wi thout Legislature, the Central Government may, if it deems tit, by notificat ion, make rules to gi ve effect to su~h recommendations of the Central Advisory Council.

C H APT ER VIII REAL ESTAT E APPELLAT E TRI BUNAL

28. Form for filin g Appea l and th e fees payable.- ( l) Evt::ry appeal fi led under sub section (1) of section 44 shall be accompanied by a fee of rupees one thousand in th~ form of a demand draft or through bankers cheque or through online pa) ment. a~ th~ case may be, drawn on a nation~lized bank in favour of the Appel late Tribunal und Tl IF/\ .. SAM G/\ZETTE, EXTRAORDfl\!ARY, MAY 9, 2017 1191 payable at the mam branch of that Bank at the station where the seat of the said Appel late Tribunal is situated.

( 2 1 [\<.:r) appeal shall be filed as per Fonn 'L' along with the following documents:

(a) /\n attested true copy of the order against which the appeal is filed;

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

('.~)Procedure for fil ing the appeal shall be as decided by the Appellate Tribunal.

29. \1anner of elect ion of member of the Appellate T rib una l.

30.

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

(2 ) The election Committee may, for the purpose of selection of the Member of the Appellate 1 rihunal , follov. such procedure as deemed fit including the appoinunent of a search committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Member of the Appellate Tribunal.

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

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

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

Salary and allowances payable and other terms and conditions of service of Chairperson and :vi embers of the Appellate Tribunal.· ( 1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows:

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

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

1192 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017

(c) Every full-time Member, who is not a servant of the Government, shall be paid a monthly salary equivalent to the Principal Secretary to the Government of Assam· '

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

(2) The Chairperson and every other Member shall be entitled to thirty days of t:arnt!d leave for every year of service.

(3) The other allowances and conditions of service of the Chairperson and the wholc time Member shall be as per no ti ii cation issued by the appropriate government from time to time.

31. Procedure for inquiry of the charges against the C hairperson or M ember of the Authority or the Appellate Tribunal.-

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

(2) lf, on pre I iminary scrutiny, the appropriate Government considers It nec~ssur~ h ) investigate into the allegation, it shall plact: the complaint, if any, togethi.:r with supporting material as may be available, before a Judge of the I ligh Court.

(3) The appropriate government shall forward to the Judge, copies of-

(a) the statement of charges against the Chairperson or Member of the regul;.ito ry authority or Appellate Tribw1al, as tht: case may be; and

(b) material documents relevant to the inquiry.

(4) The Chairperson or Member of the Authority or Appellate Tribunal. as the t:asc may be, shall be given a reasonable opportunity of being heard with respect ll' the charges within the time period as may be specified in this behalf by the Judge.

(5) Where it is alleged that the Chairperson or Member Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental THE ASS/\M GAZETTE, EXTRAORDINARY. MAY 9, 2017 1193 mcapacit:; and the allegation is denied, the Judge may arrange for the medical cxammation of the Chairperson or Member of the Appellate Tribunal.

<6 i , \ ftcr the conclusion of the invesugation, the Judge shall submit hi ~ report to the .. ~'propnatc go\ emment stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit.

(7) Thereal1er, the appropriate government shall in consultation with the Chief Justice of the High Coun decide to either remove or not to remove the Chairperson or Y1emher of the regulatory authority or Appellate Tribunal, as the case may be.

32. Sala11 and allowances payable and other ter ms a n d conditions of service of the o fficer~ and other employee. of the Appellate Tribunal.- ( I) fhe conditions of service of the officers and employees of the Authority and any other category of employees in the matter of pay, allowances, leave, joining time, Join ing time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulat ions as are, from time to time, applicable to officers and employees of the appropriate Government and drawing the corresponding scales of pay;

(2) The appropriate government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees or consultants and c-.;pcrts, as the case may be.

J3. Additional powers of the Appellate T rihunal.- The Appellate Tribunal may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.

34. Administr a tive p owers of the Cha irperson of the Appella te T ri buna l.- The administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions with regard to the following: -

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

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

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

(e) officiating against sanctioned posts;

1194 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 (.f) authorization of tours to be undertaken by any Member, officer or employee:

within and outside India and allowance to be granted for the same;

(g) all matters in relation to reimbursement of medical claims· '

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

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

U) nominations for anending seminars, conferences and training courses in India or abroad;

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

(l) all matters pertaining to staff welfare expenses;

(m) sanction scrapping or write-off of capital assets which due to normal wear and tear have become W1serviceable or are considered beyond economical repairs;

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

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

CHAPTER IX OFFENCES Al'lD PENALTIES

35. Terms and conditions and the fine payable for compounding of offence.- (I) The court shall, for the purposes of compounding any offence specified w1dcr section 70.

accept a sum of money as specilied in the Table below:

l Offence ' .. Mooe) to b~ paid for con;pountl ing. th~ offc~cc l Jmprisonment ~~der sub section I I 0% o{ th~ estim~teJ cost of lht:: real c.slat~ proj~cl Ll2) of section 59 I Llmpriso~er:t under sectio~~~~~- ~!.· the esti_n:-at~-COS-I of the r~~~ .e~tat_e proj_ecl - • I Imprisonment under section 66 I l 0% of the estimated cost of the plot, apartment or building, as the case may be, of the real estate I project, for which the sale or purchase has been I · ·1· d I tac1 !late ____ _ l 1mprfsonment Under SeCti.00 68. 1oo/o Of the .. estiffia-ted C-0St Of the Plot, apartment Or I 1 I bui_ldi~g, as the case may be __ _ _ ~

Provided that the appropriate Government may, by notification in the official gazette.

amend the rates specified in the table above.

·1 Ill- A._:t\\I G \/E·n·J·:. EXTRAORDTNARY, MAY 9, 2017 1195 ( 2) On payment of the sum of money in accordance with the table above, any person in custod ~ in connection with that offence shall be set at liherty and no proceedings shall be instituted or continued against such person in any court.

(3) The acceptance of the sum of money for compounding an offence in accordance with the table above. by the Court shall be deemed to amount to an acquiu.al within the meaning of section 300 of the Code of Criminal Procedure. 1973.

( 4) l'he promoter allouee or real estate agent, as the case may be, shall comply with the orders of the regu laro0 authority or the Appellate Tribunal, within the period specified by the court. which shall not be more than 30 days from the date of compounding of the orience

36. \fanncr of filing a complaint with the regulatory authori ty and the manner of holcling an inquiry by the regula tory authority.- (I) Any aggrieved person may file a

1..omplaint \\.ith the regulatory authority for any violation under the Act or the rules and regulations made thereunder. save as those provided to be adjudicated by the adjudicating officer, as per Form 'M' which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank in favour of regulatory authority and payable at the main branch of that bank at the station where the seat of the said regulatory authority is situated.

(2) The regulatory authority shall for the purposes of deciding any complaint as specified under sub-rule (I), follow summary procedure fo r inqui ry in rhc fol lowing manner:

(a) Upon receipt of the complaint the regulatory authority sha ll issue a notice along with particulars of the alleged contravention and the re levant documents to the respondent;

(b) The not ice sh al I spcci fy a date and t imc for further hearing:

(c) On the date so fixed, the regulatory authori.ty 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 ru lcs and regulations made thereunder and if the respondent:

( i) pleads guilty, the regulatory authority shall record the plea, and pass such orders including imposition of penah) as it thinks fit in accordance with the provisions of the Act or the ru les and regulati ons, made thereunder;

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

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

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

1196 THE ASSAM GAZEn'E,,EXTRAORDl1 ARY,· ivlAY 9, 2017

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

(g) On the date so fixed, the regulatory authority upon consideration of the evidence produced before it and other records and submissions is satisfied that - ( i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass such orders including imposition of penalty as it thinks tit in accordance wilh the provisions of the Act or the rules and regulations mude thereunder;

(ii) the respondent is not in \:ontravent ion of the provisions or the Act or the rules and regulations made thereunder the regulatory authority may, by order in wriling, dismiss th~ complaint, with reasons to be recorded in writ ing.

(h) lf any person fails, neglects or refuses to appear, or present himself as required before the regulatory authority, the regulatory authority sha ll have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

37. Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer.- (1) Any aggrieved person may ti le a complaint with the adjudicating officer for compensation under section 12, 14, 18 and 19 as per Form 'N' which shall be accompanied by a foe of rupees one thousand in the form of a demand draft drawn on a national ized bank in favour of regulatory authority and payable at the main branch of that bank at the station where the seat of the said regulatory authority is situated.

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

(i) Upon receipt of the complaint the adjudicating officer shall issue a notice along wiLh pa rticulars of the alleged comraventio~ and the relevant documents to the promoter:

(ii) The notice shall specif) a date and time for further hearing:

(iii) On the date so fixed, the adjudicating officer shall explain to the promoter about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made therl!under and if the promoter:

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

(b) does not plead guilty and contests the complaint the adjudicating otficcr shal I demand and explanation from the promoter;

(iv) In case the adjudicating officer is satisfied on the basis of the submissions made that the complaint does not requ ire any Cu1ther inquiry it may dismiss the complaint:

TTTEASSAM GAZETTC, EXTRAORDTNARY, M!\Y 9, 201 7 1197 f \·) In case the adjudicating officer is satisfied on the basis of the submissions made that the there 1s need for further hearing into the complaint it may order production of documents or other evidence on a date and time fi xed by him;

\ \ 11 The adjudicating officer shall have t~e power to carry out an inquiry into the complaint on the basis of documents and submissions;

1 \ 1·) On the date !)0 fixed, the adjudicating officer upon consideration of the evidence produced before him and other records and submissions is satisfied that the promoter !s- (al liable to pa~ compensat ion, the adjudicating officer may, by order in writing, order pavmcnt or such compensation, as deemed fit by the promoter to the complainant; or <b) not liable 10 any compensation, the adjudicating officer may, by order in writing, di.:;miss the complaint, \Vith rea. ons to be recorded in writing.

(\; ii) If an! person fails. neglects or refuses to appear. or present himself as required before the adjudicating officer, the adjud icat ing officer sha ll have the power to proceed wi th the inquiry in the absence or such person or persons after recording the reasons for doing so.

CHAPTER X BUDGET AND EEPORT

38. Budget, accoun ts and audit.- The regulatory au thority shal l prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts as provided in sect ion 77 as per Form 'O'.

39. Report and Returns.- The regu latory authority shall prepare its annual report as provided in sect ion 78 as per Form ' P' .

1198 THE ASSAM GAZE.ITE, EXTRAORDINARY,· MAY 9, 20 17 ANNEXURE 1A ' [See rule 9) AGREEMENT FOR SA.LE This Agreement for Sale (''Agreement>') executed on this_ day or ___ , 20 __ By and Between [If the promoter is a company] ______ (CIN no. , a company incorporated under the provisions of the Companies Acl, [I 956 or 2013 , as the case may be l, having its registered office al and its corporate office at _ ____________ (,PAN -------..J· represented by its authorizt:<l signatory (Aadhar no. _____ __ _ ) authorized vide board resolution dated hereinafter referred lo as the -- ''Promoter" (which expression sha ll unless repugnant lo the context or meaning thereof be dccmed to mean and include its successor-in-interest, executors, administrat0rs and pcm1in-:d assignees);

[OR] [If the promoter is a Partnership firm] -----------' a partnership firm registered under the Indian Panncrship Act, 1932, having its principal place of business at - --------- (PAN represented by its authorized Partner (Aadhar no. authori1cJ vide , hereinafter referred to as the "Promoter" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors-in-interest, executors, administrators and permitted assignees.

including those of the respective partners).

[OR] [If the promoter is an lndividua!J son Mr. I Ms. _______ ------' (Aadhar no.

daughter of _____ __ , aged about---· , residing at (PA':\ ).

hereinafter called the "Promoter'' (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs. executors.

administrators, successors-in- interest and permitted assignees).

A~D :..

THE A. ~AM G.l\ZfTTE. FXTRAORDfNARY, MAY 9, 2017 1199 llf the Alloctee is a company] (CTN no. a company incorporated under the provisions of the Companies Act, [1956 or 20 13, as the case may Mel. having its r~ 1..· 1.., t~r1.:d t) tlice at (PAN its authorized signatol) . (Aadhar no.

- - ---- _ _ ) duly authorized vide board resolution dated f'\creinafter referred ro as the '' Allottee" (which expression shall unless repugnant to the -:ontex t or meaning thereof be deemed to mean and include its successor-in inten.:sl. executors, administrators and permitted assignees).

IOR] l!ft!te Allortee is a Partnership!

___ , a partnership tirm registered under the Indian Partnership Act, 1932, having its principal place of business at _______ , (PAN rcpn.~ .... emcd b\ its authorized partner, (/\adhar no .

. ____ _ __) C!Uthoriz.ed vide , hereinafter referred to a~ the "All ot tee'' (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors-in-interest, executors, administrators and permitted assignees, includin.g those of the respective partners).

[ORl lif the Allottee is an Individual] Mr. I Ms. _ _ ___ _ __ , (Aadhar no. - - --- ---..J son I daughter of ______ , aged about , residing at (PAN ), hereinafter called the "Allottcc" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators, successors-in-interest and permitted assignees).

[ORl I If the Allottee is a HUF] Mr. , (Aadhar no. son of aged about for self and as the Karta of the Hindu Joint Mitakshara Family known as _______ HUF, having its place of business I residence at ______ _ (PAN _ _ ___ ). hereinafter referred to as the "Allottcc'' (which expression shall unless repugnant to the context or meaning Lhereof he deemed to include his heirs, represcniatives, executors, administrators, successors-in-interest and permitted assigns as \\'Cl 1 as the members of the said HUF. thei r heirs, executors, administrators, succcssors-in intcrest and permitted assignees).

[Please insert details of other allottee(s), in case of more than one allottee] 1200 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 9, 2017 The Promoter and Allottee shall hereinafter collectively be referred to as the "Part ies·· and individually as a "Party".

WHEREAS:

A.The Promoter is the absolute and lawful owner of [k.hasra nos./ survey nos.] lPlease insert land details as per local laws] totally admcasuring square m~ters situated at in Tehsil & District ("Said Land'') vide sale deed(s) dated registered as documents no. at the office or the Sub-Registrar;

[OR] --------(''Owner") is the absolute and lawful owner of [khasra nos.1 ~un t'} nos.] [Please insert land details us per local laws] totally admeasuring __ square meters situated at in Tehsil & District ('·Said Land") vide sale deed(s) dated registered as documents no. ___ _ at the office of the Sub-Registrar. The Owner and the Promoter have entered into a [collaboration/development/joint development] agreement dated _ registered as document no. ·---- at the office of the Sub-Registrar;

B.The Said Land is earmarked for the purpose of building a lcommcrcial/residentialta11.\ other purpose) project, comprising multistoricd apartment buildings and Unsert any other components of the Projects I and the said project shall be known as _________ · ( .. Project");

[OR] The Said Land is earmarked for the purpose of plotted development of a [commercial/residential/any other purpose) project, comprising __ __plots un<.l [insert any other components of the Projects] and the said project shall be known as ___ _____ ' ("Project"):

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

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

D.The [ Pleuse insert the name of the concerned compet<!lll authority) has granted the commencement ccrti ficate to de\ el op the Project vi de apprtn al dated bearing no.

E.The Promoter has obtained the iinal layout plan approvals for the Project from [Please insert the name of the concerned -----------------~ competent authority]. The Promoter agrees and undertakes that it shall not make any THE ASSAM G/\7.ETTE, EXTRAORDINARY, MAY 9, 2017 1201 changes to these layout plans except in strict compliance with section 14 of the Act and other laws as applicable;

,-,~,he Promoter has registered the Project under the provisions of the Act with the Real Lstate Regulator) Authority at on under registration no Ci.The Al lottcc had appl ied for an apartment in the Project vide application no.

dated and has heen allotted apartment no. _ _ _ _ _ ha' ing carpet area of square feet. type , on _ _ Ooor in I tO\\ l!r1block huildmgJ no. ____ _ ("Building") along with garage/closed parking no.

admc"suring square feet in the f Please insert rlw lora110;; of the garage/closed parkmg1. as permissible under the applicable law and · :Jro rata share in me common areas ( .. Common Areas") as defined under clause (n) of · c~ t ion 2 0f the /\cl (hereinafter referred to as the "Apartment" more particularly described in Schedule A and the noor plan of the apartment is annexed hereto and marked as chedule B);

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

I I.The Parties have gone through all the terms .and conditions set out in this Agreement nnd understood the mutual rights and obl igations detailed herein;

__ J Please enter any additional disclosures/details] .I.The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules. regulations, noti ft cations, etc., applicable to the Project;

K.The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, condi tions and stipulations contained in this /\grccmenl and all applicable laws, are now willing lo enter into this Agreement on the terms and conditions appearing hereina~er;

L. [n accordance wi th the terms and condi tions set out in this Agreement and as mutually ,1grccd upon by and between the Parties, the Promoter hereby agrees to sell and the Allot1ee hereby agrees to purchase the [Apartment/Plot] and the garage/closed parking (if applicable) as specified in para G;

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

1202 THEASSAi\11 GAZETTE, EXTRAORDINARY, MAY 9, 20 17 I.TERMS:

1.1 Subject to the terms anq conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottec and the Allottee hereby agrees to purchase, the [Apartment/Plot J as specified in para G; - -"'---,...----- - --·-·-- --- ·- · -- ---- ~=--·-· ---=-- --- --r- ------ ----r-------- ----- -- - r l .2The Total Price for the [Apartment/Plot] based on the carpet area is Rs.

(Rupees on ly ("Total P r ice") (Give break up and description):

Block/Building/Tower no. _ Apartment Rate or Apartment per square feet* no.

Type ___ _ Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc.

f AND j [if/as applicable l Garage/Closed parking · l Price for l Garage/Closed parking· 2 Price for 2 I fORl Plot no. Rate of Plot per square feet Type ____ I

Explanation:

(i)Thc Total Price above includes the booking amount paid by the ullottce Ill lhl! Pr1.)tnotc:r towards the [Apartment/Plot j;

(ii)The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxc...

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 9, 2017 1203 "hich may be levied. in connection with the construction of the Project payable by the P;-0moter) .ip w lhe date of handing O\ Cr the possession of the fApanment/Plotj:

Provided that in case there is any change I modification in the taxes, the subsequent 1m~rnm pt.lyab\e b) the allottee to the promoter shall be increased/reduced based on such .:-hrngc modification;

( iii)The Promoter shal l periodically intimate to the Allottee, the amount payable as stated •r 11) abo\e and the Allottee shal l make payment within 30 (thirty) days from the date of --.ich ,,,.·nt1c•1 mtimaci on. ln addi tion, the Promoter shall provide lo the Allottee the details or the taxes paid or demanded along with the acts/rules/notifications together with dates t'r1'm \\'hich .;;uch taxes 'levies etc. have been imposed or become effective;

, 1vffhc ·1 ma: Price of [Apanment/Plot] includes: 1) pro rata share in the Common . \:·~ .1' . and : _ __ garage(s)'closed parking(s) as provided in the Agreement.

3The f otal Price is escalat ion-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notilicalion/order/rule/regulation to that effect along with the demand letter being issued to che Allonee, which shall only be applicable on subsequent payments.

I .4The Allottee(s) shall make the payment as per the payment plan set out in Schedule C (" Payment Plan").

l .5Thc Promoter may allow, in its sole discretion, a rebate for early payments of install ments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be suhject to any revision/withdrawal, once granted to an Allottec by the Promoter.

l .6lt is agreed that the Promoter shall not make any additions and alterations in the sanc1ioned plans, layout plans and specifications. and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or bui lding, as the case may be, without the previous wriuen consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act.

I .?[Applicable in case of an apartment} The Promoter shal l confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet !204 THE ASSAM GAZETTE EXTRAORDINARY, MAY 9, 2017 area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules. from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shal l demand that from the Allonee as per the next milestone of the Payment Plan. All these monetary. adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement.

l.8Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:

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

(ii)The Allottee shall also have undivided proportionate share in the Common Areas.

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

(iii)That the computation of the price of the [Apa11ment/Plot] includes recovery or price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc . and inclu<lt.:s cost for providing at! other facilities as provided within the Project.

l.9lt is made clear by the Promoter and the Allottee agrees that the [Apanment/Plotj along with __ garage/closed parking shall be treated as a single indivisible unit for all purposes. l t is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a pun or and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the l\llottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project.

l. lOlt is understood by the Allottee that all other areas and i.e. areas and facil ities foiling outside the Project, namely shall not form a part of the declaration to be fil ed with [Please insert the name of the concerned competent authority] to be filed in accordance with the [Please insert the name of the relevanr Stale ucE, 1/ any].

l .11 The Promoter agrees to pay all outgoings before transferring the physical poss~ssion of the apartment to the Allol1ees, wrich it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes.

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 1205 charge~ for water or electricity, maintenance charges, including mongage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities. hanks and financial insti tutions, which are related to the project). If :he Promoter fails to pay all or any of the outgoings collected by it from the Allonees or anv liabi lity. mortgage loan and interest thereon before transferring the apartment to the \ llottees, the Promoter agrees to be liable, even after the transfer of the property, to pay ;-;uch outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor h\ such authori ty or per on .

. . :·1 he :\1lonee ha. paid J sum of Rs,-·-- ------·-·-(Rupees only) as hooking amount being part payment towards the Total Price o-1 the [ Ap~rtment/Plot] Dt the time of application the receipt of \\ hich the Promoter hereby acknowledges and the Allottee hereby agrees to pay the ;cmammg price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein:

Provided that if the allottcc delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.

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

3.COMPLlANCE OF LAWS RELATING TO REMITTANCES

3.1 The Allottec, if resident outside India, shall be solely responsible for complying with the necessary formali ties as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules and Regulations mRdc thereunder or any statutory amcndment(s) modification(s) made thereof and all other applicable laws including that of remittance or payment acquisition/sale/transfer of immovable properties in India etc.

and provide the Promoter with such permission, approvals which would enable the Promoter to fulfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law.

The Al lottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.

1206 THE ASSAM GAZETTE, EXTRAORDINARY,' MAY 9, 2017

3.2The Promoter accepts no responsibility in this regard . The Allottee sha ll keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Promoter immediately and comply with necessary formal ities if any under the applicable laws. Th~ Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottce and such third party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Prnmoter shall be issuing the payment receipts in favour of the Allottee only.

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

5. TIME IS ESSENCE l .13Time is of essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the [Apartment/Plot]to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate* or the completion certi ticate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installment and other dues payable b) him/her and meeting the ocher obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in Schedule C ("Payment Plan").

6.CONSTRUCTlON OF THE PROJECT/ APARTMENT The Allottec has seen the specifications of the [Apartment/Plot] and accepted the Payment Plan, floor plans, layout plans [armexed along with this t\grccmentJ which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the regulation/ rules/laws applicable to the State of Assam [Please insert the relevant State laws] and shall not have an option to make any variation /alteration I modification in such plans.

other than in the manner provided under the Acti and breach of this term by the Promoter shall constitute a material breach of the Agreement.

7.POSSESSlON OF THE APARTMENT/PLOT THE ASSAM GAZETTE. EXTRAORDrNARY, MAY 9, 2017 1207 1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the (Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to 1and over possession of the f Apartment/Plot) on , unless there is delav or fail ure due to war. flood, drought, fire, cyclone, earthquake or any other calamity caus.ed by nature affecting the regular development of the real estate project ("Force \ll:qeure"). If. how\!ver. the completion of the Project is delayed due to the Force \!lajcurc conditions then the l\llonce agrees that the Promoter shall be entitled to the l..'>.tcn:--10n \)r time for del ivery of possession of the !Apartment/Plotl, provided that such • m:c \1ajcurc cond1t1ons arc not of a nature which make it impossi hle for the contract to ~l' imp cmentcd. The Allonec agrees and confirms that, in the event it becomes iP1nossihlc for the Promoter to implement the project due to Force Majeure conditions, :hen th is allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.

\ftcr refund ot the monc) paid by the Allottce, Allottee agrees that he/ she shall not have nny rights. claims etc against the Promoter and that the Promoter shall be released and discharged from all its obl igations and liabilities under this Agreement.

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

7.3 Failure of Allottee to take Possession of !Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promote'r by executing necessary indemnities.

undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plotl to the allottec. In case the Allottce fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable.

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

7.5 Cancellation by Allottee- The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Provided that where the allortee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid 1208 THE ASSA1'v1 GAZETTE, EXTRAORDii~ARY. :viAY 9, 2017 for the allotment. The balance amount of money paid by the allottee sh al I be returned bv the promoter to the alloltee within 45 days of such cancellation. ·

7.6Compensation - The Promoter shall compensate the Allonee in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed.

in the manner as provided under the Act and the claim for compensation under this section shall not be barred by limitation provided under any law for the time being in force.

Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the lApartment/Plot] (i) in accordance with the terms of th ts Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottees, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the [Apanment/Plot], with interest at the rate specified in the Rules within 45 days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw fr~m the Project, the Promoter shal I pay the Allottce interest at the rate specified in tht: Rules for every month of delay, till the handing over of the possession of the [A partment/P 1 ot].

8.REPRESENTATIONS AND WARllANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allonce as follows:

(i)The [Promoter] has absolute, clear and marketable title with respect to the said Land:

the requisite rights t0 carry out development upon the said Land and absolute. actual.

physical and legal possession of the said Land for the Project;

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

(iii)Tnere are no encumbrances upon the said Land or the Project;

[in case there are any encumbrances on the land provide details of such cncumbranr..:es including any rights. title, interest and name of party in or over such land]

(iv)There are no litigations pending before any Court of law with respect to the said Land.

Project or the [Apartment/Plot];

(v) All approvals , licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot) are valid and subsisting and have bct::n THr,ASS/\M GAZETTE, EXTRAORDTNARY, MAY 9, 2017 1209 lhtained by followi ng due process of law. Further, the Promoter has been and shall, at all times. remain to be in compliance with all applicable Jaws in relation to the Project, said 1 and. Building and f Apartment/Plot] and common areas;

1, 1)The Promoter has the right to enter into this Agreement and has not committed or omittt.!d to perform any act or thing, whereby the right, title and interest of the Allottee .: reared herein. may prejudicially be affected;

\ iil'I he Promoter has not entered into any agreement for sale and/or development .tgreement or any other agreement I arrangement with any person or party with respect to the said Land. including the Project and the said [Apartment/Plot] which will, in any •nannl!r. affect the rights of Allonee under this Agreement;

("iii)The Promoter confirms that the Promoter is not restricted in any manner whatsoever :roni selling the said [Apartment!Plot]to the Allottee in the manner contemplated in this Agreement,

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

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

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

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

9. EVENTS OF DEFAULTS AND CONSEQUENCES

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

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

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

1210 THEASSAMGAZETTE,EXTRAORDINARY, MAY9, 20 17

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

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

(ii) The Allonee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Al lottee under any h~ad \Vhatsoever towards the purchase of the apartment, along with interest at the rate specified in the Rules within fo rty-five days of receiving the termination notice:

Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoter: interest at the rate spcci ['led in tht.!

Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot]. ·

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

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

(ii) ln case of Default by Allottee under the condition listed above continues for a period beyond consecuti ve months after notice from the Promoter in this regard. tht:

Promoter shal l cancel the allolment of the lApartment/Plotj in Cavour of the Al loltee and refund the amount mont:y paid lo him by the allottce by deducting the booking amuuni and the interest liabilities and this Agreement shall thereupon stand terminated.

JO. C O NVEYANCE OF THE SAID AP ARTM ENT The Promoter, on receipt of complete ·amount or the Price of the (Apanmcm/Plot] under the Agreement from the Allottee, shall execute a conveyance deed and convey the ti lle ot' the lApartment/Plot] together with proportionate indivisible share in the Common .\n:a::i within 3 (three) months from the issuance of the occupancy cenificatc*. However. in case the Allottcc fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter.

the Allottec authorizes the Promoter to withhold registration of the conveyance dc~d in his/her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottce. The Allottee shall be solely r~spons1ble and liable for compliance of' the provisions of Indian Slarnp /\ct, 1899 includmg an1 actions taken or deficiencies/penalties imposed by the competent authority(ies).

11.MAINTENANCE O F THE SAID B UILDING I APART MENT I PROJECT rHF t\ , S1\\1 G:\ZETTE. r XTRAORDNAR'r. YfAY 9, 2017 1211 Tli..: Prommer shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of the allottees The cost of such maintenance has been included in the Total Price of the \panmcnt Plot] L/m~rt am ocher clau~es zn relation to maintenance of project, infrastructure and t:qu1jJment]

12.DEFECT LIABJLlTY It .:-. agrec:d that m case any structural defect or an) other defect in workmanship, quality 1r rrovis1on of services or any other obligations of the Promoter as per the agreement for sale relaung to such development is brought to the notice of the Promoter within a period of 5 ( fi \'C) years by the /\!Jottce from the date of handing over pOSSCSSiOn, it shall be the duty ot the Promoter to rectify such defects wi thout further charge, within 30 (thirty) days. and •n the event of Promoter's failure to rectify such defects within such time, the aggrieved /\llottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

J 3.RIGHT OF ALLOTTEE TO USE COMMON AREAS AND F ACTLTTlES SUBJECT TO PA YME:\fT OF TOTAL MAINTENA NCE CHARGES The Allottee hereby agrees to purchase the [Apartment/Plot] on the specific understanding that is/her right to the use of Common Areas shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the ac;sociation of allottees (or the maintenance agency appointed by it) and performance by the Allottee of all his/her obligations in respect of the terms and conditions spcci fied hy the maintenance agency or the association of allottees from time to time.

14.RTGHT TO ENTER THE APARTMENT FOR REPAIRS The Promoter I maintenance agency /association of allotrees shall have rights of unrestricted access of all Common Areac;, garages/closed parking's and parkingspaces for providing necessary maintenance services and the Allottee agrees to permit the association of allottees and/or maintenance agency to enter into the [Apartment/Plot] or any part thereof, after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.

15.USAGE Use of Basement and Service Areas: The basement(s) and service ·areas, if any; as located within the (project name), shall be earmarked for purposes such as parking spaces and services including but not limited to electric sub-station, transformer, DG set rooms, underground water tanks, pump rooms, maintenance and service rooms, fire fighting pumps and equipment's etc. and other permitted uses as per sanctioned plans. The Allottee shall not be permitted to use the 1212 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 services areas and the basements in any manner whatsoever, other than those earmarked as parking spaces, and the same shall be reserved for use by the association of allottees formed by the Allottees for rendering maintenance services.

16.GENERAL COMPLlAl~CE WITH RESPECT TO THE APARTMENT: .Subject to ·clause 12 above, the Allottce shall , after taking possession, be solely responsible to maintain the [Apartment/Plot] at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the Building, or the (Apartment/Plot], or the staircases, lifts, common passages, corridors, circulation areas, atrium or the compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the [Apartment/Plot] and keep the [Apartment/Plot], its walls and partitions.

sewers, drains, pipe and appurtenances thereto or belonging thereto, in good and tcnantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the Building is not in any way damaged or jeopardized. The Allottee further undertakes, assures and guarantees that he/she would not put any sign board I name-plate, neon light, publicity material or advertisement material etc. on the face I facade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas. The AUottees shall also not change the colour scheme of the outer walls or painting of the exterior side of the windows or carry out any change in the exterior elevation or design. Further the Allottee shall not store any hazardous or combustible goods in the [Apartment/Plot] or place any h«.!avy material in the common passages or staircase of the Building. The Allottee shall also not remove any wall , including the outer and load bearing wall of the [Apartment/Plot]. The Allottee shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter and thereafter the association of allottees and/or maintenance agency appointed by association of allottees. The Allottee shall be responsible for any loss or damages aiising out of breach of any of the aforesaid conditions.

l 7. COMPLIANCE OF LAWS, NOTJFICATlONS ETC. BY ALLOTTEE The Allottee is entering into this Agreement for the allotment of a [Apartment/Plot] with the full knowledge of all laws, rules, regulat ions, notifications applicable to the Project in general and this project in part icular. That the Allottec hereby undertakes that he/she shal l comply with and carry out, from time to time after he/she has taken over for occupation and use the said [Apartment/Plot], all the requirements, requisitions, demands and repair~ which are required by any competent Authority in respect of the [Apartment/Plot]/ at his/ ber own cost.

18. ADDITIONAL CONSTRUCTIONS The Promoter undertakes that it bas oo right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.

Tl!E ASSAM GAZEITE, EXTRAORDTN/\RY, MAY 9, 2017 1213

19. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the [Apartment/Plot/Building] and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the AJ.lottee who has taken or ctgreed to take such [Apartment/Plot/Building).

20. APART\1ENT O\\'NERSHIP ACT (OF THE RELEVANT STATE) rhe Promoter has assured the Allottees that the project in its entirety is in accordance v.1rh the prov1s1ons of the--------------------- [ Pleuse tn,\err the name q/ the srute Apan menl 01vnership} Act). The Promoter showing compliance of various laws/regulations as applicable in

21. BI NDI NG EFFECT Forwarding this Agreement to the Allottee by the Promoter does not create a binding obl igation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottce and/or appear before the Sub-Registrar for its registration as and when intimated by 1he Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 30(thirty) days from the date of its receipt by the Allottee, application of the Allottee. shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever.

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

23. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties.

24. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE I SUBSEQUENTALLOTTEES l 214 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 20 l 7 It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottces of the [Apartment/Plot], in case of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents and purposes.

25. WAIVER NOT A LIMITATION TO ENFORCE

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

25 .2Failure on the part of the Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of tht!

right thereafter to enforce each and every provision.

26. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessa1") to conform to Act or the Rules and Regulations made thereunder or the applicable law. as the case may be, and the remaining provisions of this Agreement shall remain val id and enforceable as applicable at the time of execution of this Agreement.

27. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO lN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allouee has to make any pa> mcnt. in common with other Allottee(s) in Project, the same shall be the proportion which the carpet area of the lApartment/Plot] bears to the total carpet area of all the [Apartments/Plots] in the Proj(.;ct.

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

29. PLACE 01<' EXECUTION The execution of this Agreement shall be complete only upon its execution by the I HE ASSAM GAZt:lTE, EXTRAORDINARY, MAY 9, 2017 T215 l'romoter through its authorized c;1gnator; at the Promoter' s Office, or at some other r l'.'!ce \\'h1ch ma~ be mutually agreed berween the Promoter and the Allonee, in after the Agreement is duly executed by the Allottee and the l>ro-;-,,0ter or 'itmultaneously with the execution the said Agreement shall be registered at inc office of the , ub-Rcg1strar. I lence this Agreement shal l be deemed LO have been l''\CCUted at ~~~~~~~~~

30. l\'OTI CES That all notices to be served on the Allonee and the Promoter as contemplated by this ·\greemcnt shall be deemed w have been duly served if sent to the Al lottee or the Pr~)mOler b)' Rcgi<itercd Post at their respective addresses specified below:

'\Jame ot Allottct:

( ·'\ llottee Address) .\I " Promoter name ____ (Pr()Jl10ll:r Address) Tt shall be the duty of the /\ llottce and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post fai ling which all commun ic<ltions and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be.

31. JOINT ALLOTTEES That in case there are Joint Allottecs all communications shall be sent by the Promoter to the /\llonce whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Al lottees.

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

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

[Please insert any other terms and conditions as per the contractual understanding between the parties, however, please ensure tha,t such addit iona/ terms and conditions 1216 THE ASSAM GAZETl'E, EXTRAORDINARY, MAY 9, 2017 are not in derogation of or inconsistent with the terms and conditions set out above or the Act and the Rules and Regulations made thereunder. ] IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at (c ityl rown name) in _ the presence of attesting witness, signing as such on the day first above written.

SIGNED AND DELIVERED BY THE WITHIN NAMED Allottee: (including joint buyers) (!) ___ , ______ _

(2) _________ _ At _______ on ___ in the presence of:

Please affix photograph and sign across the photograph SIGNED AND DELIVERED BY THE WITHIN NAMED Promoter: P lease affLx photograph ( ! ) _________ _ and sign (Authorized Signatory) across the WITNESSES:

photograph I .Signature---------- Name ---------~-- Address-----------

2. Signature Name ___________ _ Address------ -----

SCHEDULE 'A' - PLEASE rNSERT DESCRlPTION OF THE lAPARTME0:TiPLO I ] AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALO~G \\' I rJ I BO~TIAR1ES IN ALL FOUR DIRECTIONS

SCHEDULE 'B' - FLOOR PLAN OF THE APARTMENT

SCHEDULE 'C' - PAYMENT PLAN BY THE ALLOTTEE *or such other certificate by whatever name called issued by the competent authority.

n lE t\, SAM GAZETTE, EXTRAOR011\ARY, MAY 9, 2017 FORM 'A' [See rule 3(2)) APPLICATION FOR REGISTRATION OF PF The Real Estate Regulat0ry Authority 1217 !/We he reby apply fo r the grant of registration of my/our project to be set up at Tehsil District State ---- ---- The requisite part iculars are as under:-

(1) Status of the applrcam, whether individual I company I proprietorship firm I societies I partner~htp firm competent authority, (1i) In case of indi vidual -

(a) Name

(b) Father's Name

(d) Permanent address ( e) Photograph OR In case of firm I societies I trust I companies I limited liabi lity partnership I competent authority·

(a) Name

(b) Address

(d) Main objects

(e) Name, photograph and address of chairman of the governing body I partners I directors etc.

(iii ) PAN No. ----

(iv) Name and address of the bank or banker with which account in terms of section 4

(2)(1)(D) of the Act will be maintained ----

(v) Details of project land held by the appl icant ___ _ _ (vi ) brief details of the projects launched by the promoter in the last five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending etc.------- ------- 1218 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 l/We hereby apply fo r the grant of registration of my/our project to be set up at Tehs il Distric t State ---- I. The requisite particulars are as under:-

(i) Status of the applicant, whether individual I company I proprietorship firm / societies / partnership firm I competent authority;

(ii) In case of individual -

(a) Name

(b) Father's Name ( c) Occupation

(d) Permanent address

(e) Photograph OR In case of firm I societies I trust I companies I limited liability partnership , competent authority -

(a) 1 ame

(b) Address ( c) Copy of registration certificate

(d) Main objects

(e) 'ame, photograph and address of chairman of the governing bodv I pa rtners / di rectors etc.

( iti) PAN I o. ----

(iv) ame and address of the bank or banker with which account in terms of section 4

(2)(1)(0) of the Act will be maintained ___ _

(v) Details of project land held by the app licant-----

(vi) brief details of the projects launched by the promoter in the last five years, wht:thcr already completed or being developed, as the case may be. including the current status ol the sa id projects , any delay in its completion, details ot' cases pending, details of type ol land and payments pending etc. __ · _____ _ THE ASSAM GAZETTE, EXTRAORDlNARY, MAY 9, 2017 1219 (\ii) Agency to take up external development works De\ clopmcnt:

Local Authority I Self --- 1, iii) Registration fee by way of a demand draft dated drawn on ---- bearing no. for an amount of Rs___ - calculated as per sub-rule (3) of rule 3 l l\ ) An" other information the applicant may like to furnish .

!/we enclose the following documents in triplicate, namely:- ( i) authenticated cop) of the (>A!\ card of the promoter:

' ii) audited balance sheet of the promoter for the preceding financial year and income ta'\ returns nfth<.: promoter for three preceding financial years;

' iii '-OP~ of the k:gal title deed reilccung the title of the promoter to the land on which development is prorosed to be developed along with legally valid documents with authent icauon ol such rnlc, 1 f such land 1s owned hy another person;

( 1\ J the <let.ii ls of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with details;

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

(v i) an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable fo r the for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approvals and commencement ccrti ficatc from the competent authority for each of such phases;

(vii) the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority;

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

(ix) the location deta ils of the project, with clear demarcation of land dedicated for the project a long with its boundaries including the latitude and longitude of the end pointS of the project;

(x) proforma of the allotment letter, agreement for sale. and the conveyance deed proposed to be signed with the allottees;

(xi) the number, type and the 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 apartment with the apartment, if any;

(x ii) the number and areas of ga rage for sale in the project;

!220 fHEASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017 (xii i) the number of open parking areas available in the real estate project;

(xiv) the names and addresses of his real estate agents, if any, for the proposed project;

(xv) the names and addresses of the contractors, architect, structural engineer, if an) and other persons concerned with the development of the proposed project;

(xvi) a declaration in FOR.i\11 'B'.

3. I/We solemnly affirm and declare that the particulars given in herein arc correct to m> Dated:

Place:

/our knowledge and belief.

Yours t'aithl'ully, Signature and seal of the appli1.:ant('\) fHf-. A.S AM GAZETTE, EXTRAORDINARY, 'MAY 9, 2017 FORM ' B' !See rule 3(4)] 1221 DECLARATIOll\, l'PPORTED BY A~~ AFFIDA VlT, WHICH SHALL BE SIGH1'TED BY TH£ PROMOTER OR ANY PERSON AUTHORIZED BY THE PROMOTER Affidavit cum Declaration \ffi.fa\ · ~um T)eclarauon of \!1r. \.1s promoter of the proposed project I duly 1uthori?Cd b~ tht.: promoter of the proposed project, vidc itc;/his/their authorization dated __ _ I. _ ___ promoter of the proposed project I duly authori7.Cd by the promoter of the proposed rro.1cct do haeb\ solemn!) declare. undertake and state as under· ~ That I promot~r ha\ e has a 1cgal title to the land on which the development of the project is proposed OR _ _ ______ have/has a legal title to the land on which the development of the proposed project is to be carried out AND a legally valid authentication of title of such land along with an authenticated copy of the agreement between such owner and promoter for development of the real estate project is enclosed herewith.

2. That the said land is free from all encumbrances.

OR fhat details of encumbrances _ _____ including details of any rights, tit le, interest or name of any pa11) in or over such land. along with detaib.

3. That the time period within which the project shall be completed by me/promoter is

4. That seventy per cent of the amounts realised by me/promoter for the real estate project from the al lottees. from time to time, shal l be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose.

1222 THE ASSAM GA7ETTE, EXTRAORDINARY, MAY 9, 2017

5. That the amounts from the separate account, to cover the cost of the project, sh<tll bt:

withdrawn in proportion to the percentage of completion of the project.

6. That the amounts from the separate account shall be withdrawn after it is cert ified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project.

7. That 1 I promoter shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice. and shall produce a statement of accounts duly certified and signed by such chartered acco untant and il shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the proportion to the percentage of completion or the project.

8. That I i promoter shall take all the pending approvals on time, from the competent authorities.

9. That I I promoter have I has furnished such other documents as have been prescribed by the rules and regulations made under the Act.

I 0. That I pn.>moter shall not discriminate against an) allottee al thl.! time or allotment of an> apartment, plot or building, as the case may be, on any grounds.

Deporn:nt Verification The contents of my above Af'lidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom.

Verified by me at ____ on this _ _ day of __ _ Depone11l ..... ..

rHEAS AM GAZETIE. EXTRAORDINARY, MAY 9, 20V7 FORM ' C' !Sec rule 6(1)] REGISTRA TYON CERT IFlCAT E OF PROJ ECT 1223 ·1 h1 !-- rcg1strntton 1s granted under section 5 of the Act to the following project under project

1t.:;1..,11alll11 number "Pl'"'1ty Dernil.., of Pro1el't mcludmg the pro.1ect address);

( 111 ihL· ca..,e of an ind1vidual) Mr !Ms. son of \1 1 ~1... rchsil _____ , ___ District _______ _ -- ·-- - ---·· ---·---- ·-- - "' ll l' OR , ,,, th· ca'(' !inn -.oc.:1cl\ cnmpan) comrcient au1hort1yl ______ Jinn ' socrecy / , tllllt' ·lll\ t.. ompc1ent nuthonly ----- - -· ha\'1ng its registered office i principnl pl ac1.: 0f hu ..,1ne~:-. at __ ___ _ .., 1111:-. reg1~1n111011 1~ granted subject to the following conditions. namely:- ( i) The promoter shal I enter into an agreement for sale with the allottees as provided m · /\nnexure A ';

(ii) The promoter shaJI execute and register a conveyance deed in favour o f the aJlottee or the associat ion of' the allottees. as the case may be, of the apa11rnent or the common areas as per section 17;

(111) The promoter shall deposit seventy percent of r.he ammtnts realised hy the promoter in a -:t:p:ira1c .1ccount to be marn1a1nt:d rn a schedule bank 10 cover the cost of construction and the land cns1 to be used on ly for 1ha1 pur1JC>se as per sub-c lause (0 ) of' clause (l) of sub-section (2) of. ec11on 4:

(1v) The registrat ion shall he valid for a period of years commencing from unless renewed by the Rea l -···-- --· ____ and ending with _ !:state Regulatory Authority in accordance with ~ect1on 6 read wilh nile 7 of the Act;

(\) The pro11101er shC\ll comply \\1th the provisions of !he Act and the rules and regulations made thereunder:

(vi ) The promoter . hall 1101 contravene the provisions of <111y other law for the time being in force in the area where the project is being developed.

3 If the above mentioned conditions are not fl.llfilled by the promoler, the regulatory authority may take nccesst1ry action agflinst the promoter including revoking the registration granted herein. as per the Act and the niles and regulations made thereunder.

Dated:

Place:

Officer Signature and ~cal of the Authorized Real Estate Regulatory Authonty 1224 THE ASSl\Yt GAZE1TE, EXTRAORDINARY, MAY 9, 2017 FORM 'D' [Sec rule 6(2), rule 7(4) ; rule 81 lNTlMA TION OF REJECTION OF APPLICATION FOR REGISTRATION OF PROJECT I REJECTIO N OF APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT I REVOCATION OF REGISTRATION OF PROJECT From:

T he Real Estate Regulatory Authority, To Application/Registration No.: ------ Dated: ------ You are hereby informed that your application for registration of your project is rejected.

OR You are hereby info rmed that your application fo r extension of the registration of your project is rejected.

OR You are hereby informed that the registration granted to your project is hereby revoked.

for the reasons set out:--------------------- Place:

Dated:

Signature and seal of the Authorized Ofticer Rea l Esmte Regu latory Autho rity To Ir.

fHE ASSAM GA/ETTE. I:: XTR.AORDNARY. MAY 9. 201 7 FORM·£' [Sec rule 7(1)] APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT I he Real Estatt Regulatory AUlhOrtt) .

------·- - - f/ \\ 't: hereb.> apply for rene;:wa l of registration of the fol lowing project:

1225 registered with the regulatory authority vide project registration certificate bearing ~o. _______ ,which expires on _______ _ ___ _ As requi red I/we submit the following documents and information, namely: - ( i) A demand Draft No. dated for rupees in favour of drawn on bank as ----- ----- ---~------- extension fee as provided under sub-rule (2) of rule 7;

(ii) Authenticated Plan of the project showing the stage of development works undertaken till date;

(iii) Explanatory note regarding the state of development works in the project and reason for not completing the development works in the project within the period declared in the declaration submitted in Form '[3' at the time of making application for the registration of the project

(iv) Authenticated copy of the permission/approval from the competent authority which is va I id for a period which is longer than the proposed term of extension of the registration sought from the regulatory authority;

(' ) The original project registration certificate; and

(vi) Any other information as may be specified by regulations.

Place:

Dated:

Yours faithfully, Signature and seal of the applicant(s) 1226 TIIE ASSAM GAZE n ·t:) EXTRAORDINARY, MAY 9, 2017 FORM 'F' (See rule 7(4)} CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT This extension of registration is granled under section 6 of the Act, to the following project:

registered with the regulatory authority vide project registration cemficate bearing No. of (in the case of an inctiv1duaJ) Mr./Ms. _____________ son of Mr JMs. ____________ Tehsil. ______ District. _____ _ _ State ________ _ OR (in the case of a firm I society I company I competent authority) finn society I company I competent authority having ns registered office/principal place of business at ------

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

(i) The promoter shall execute and register a conveyance deed in favour of the alloltee or the association of the allottees, as the case may be, of the apartment or the common <ll'cas as per section 17 ;

(ii) The promoter shall deposit seventy percent of the amounts realised by the promoter m a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost co be used only for that purpose as per sub-clause (0 ) of clause (l) of sub~section (2) of section 4;

(i ii) The registration shall be vahd for a period of years commencing from _ _ ____ and ending with unless renewed b] the Real Estate Regulatory Authority in accordance with sect.ion 6 rea<l with rule 7 uf Lhe Act;

(iv) The promoter shall comply with the provisions of the Act and the mies and regulations made thereunder;

(v) The promoter shall not contravene the provisions of any other law for the time bemg in fo rce in the area where the project is being developed;

(vi) If the above mentioned conditions are not ful filled by the promoter, the regulatory authority may take necessary action against the promoter including revoking the registration granted herein. as per the Act and the rules and regulations made thereunder.

Dated:

Signature and seal o f the Authorized Officer Real Estate Regulatory Authority Place:

" !

THE AS A\1 GAZETTE. EXTRAORDINARY. MAY 9, 2on FORM 'G' [See rule 10( 1)1 APPLICATION FOR REGISTRATlON OF REAL ESTATE AGENT Th1. Real Estate Regu lator;· Authority 1227 I \\ c bc:g w .tpply for the grant of regi. tration as a real estate agent to facilitate the sale or ''.in:~1a-.c •' ,in; plot. apartment or building, as the case may be, in real estate projects registered "' ·I.: l 'ni<'n tcrritoi; in tenm of' the Act and the rules and regulations made thcn: under.

I. ( 111 the case of an individual) \11r./Ms.

v1r./\1s. Tehsil -- District - ----- ' tate OR (in the case of a firm I society I company) firm I society I company ________ having its registered office I principal place of business at

2. The requisite pa11iculars arc as under:-

(1) Status of the applicant, whether individual I company I proprietorship firm I societies I partnership firm / limited liability partnership;

(ii) In case of individual -

(a) l'\amc

(b) Father's . amc

(d) Permanent address ( c) Photograph OR In case of firm I societ ies I companies -

(a) l\ame

(b) Address

(d) Major activities

(e) ame, photograph and address of partners I directors etc.

(iii) income tax returns filed under the provisions of the Income Tax Act, 1961 for three financial years preceding the application or in case the applicant was exempted from fi li ng returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application, a declaration to such effects;

1228 THE ASSAM GAZETTE, EXTRAORDrNARY, MAY 9, 2017

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

(v) authenticated copy of the address proof of the place of business:

(vi) Details of registration in any other State or Union territory;

(vii) Any other information the applicant may like to furnish.

3. Vwc enclose the following documents along with. namely: - ( i) Demand Drart No. dated , in favour of ----- , drawn on - ---- registration fee as per sub-ru le (2) of ru le l O;

for a sum or R~ .

bank as

(ii) lncome tax returns of the last 3 years or declaration as the case may be;

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

(iv) authenticated copy of the registration as a real estate agent in any other State or Union territory, if applicable;

4. I/we solemnly aflirm and declare that the particulars given in herein are correct to my /our knowledge and belier.

Dated:

Place:

Yours foithful l~ .

Signature and seal of the applicant\~' . .

THE .\SSA ~1 G/\ZE·n·E EXTRAORD10:ARY, MAY 9, 2017 FORM 'H' !See rule 11(1)1 Rf.:GlSTRATfON CERTIFlCATE OF REAL ESTA TE AGENT 1229 i . This registration is granted under section 9 of the Act with registration certificate bearing No.

to (in the case of an individual) Mr./ivls.

\ 1r \1s. Tehsil District ~~~~~--~~~~~~- -~~~~~- -~~~~~~- () ){ ( in the case of a fi rm 1 society 1 company) firm I society I company having rts registered office I principal place of business at to act as a real estate agent to facilitate the sale or purchase of any plot, apartment or building, as tht: case may be, in real estate projects registered in the Union territory in terms of the Act and the rules and regulations made thereunder,

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

(i) The rea l estate agent shall not fac il itate the sale or purchase of any plot, apartment or build ing, as the case may be, in a real estate project or part of it, being sold by the promoter \' hich is required but nol registered \>.'ith the regulator) authorit);

(i i) The real estate agent shall maintain and preserve such books of account, records and documents as provided under rule 14;

(iii) The rea l estate agent shall not involve himself in any unfair trade practices as specified under clause (c) ofsectron 10;

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

(v) The real estate agent shall com ply with the provisions of the Act and the rules and regulations made thereunder;

(\ i) The real estate agent shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed;

(vii) The real estate agent shall discharge such other functions as may be specified by the regulatory authority by regulations;

1230 Tl IE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 2017

3. The registration is valid for a period of five years commencing from _ and ending with unless renewed by the regulatory authority in accordance with the provisions of the Act or the rules and regulations made thereunder.

4. If the above mentioned conditions are not fulfilled by the real estate agent, the regulatory authority may take necessary action against the real estate agent including revoking th~ registration granted herein , as per the Act and the rules and regu lations made thereunder.

Dated:

Place:

Signature and seal of the Authoriz.ed Ol'ticcr Real Estate Regulatory Authori ty ,.

.- THf •\ . 1\M Ci1\Zr:TTE. EXTR.AORDI .ARY. ·MAY 9, 2017 1231 FORM (1' ec rule 11 (2), 12(4), 13] INTIMATION OF JH:.IF.CTJO N OF APPLI CA TYON FO R REGISTRATION OF REAL ESTATE AGENT I RLJECTIO!\ OF APP LICATION FOR RENEWAL OF REGISTRATION OF REAL F.STATE AGF,NT I REVOCATION OF REGISTRATION OF REAL ESTATE AGENT Frorn.

rhe Real Estate Regulatory Authority, ------- - Application / Registration i o.: _ _____ ___ _ Dated:

You are hereby informed that your app li cation fo r registration as real estate agent is rejected.

OR You are hereby informed thal your application for the renewal of the registration as real estate agent is r~jccted .

OR You are hereby informed that the registration granted to you as real estate agent is hereby revoked.

for the reasons set out:- Place:

Dated:

--------------- --- - --- - Signature and seal of the Authorized Officer Real Estate Regulatory Authority 1232 THE ASSAM GAZETTE, EXTRAORDfNARY, tv!AY 9, 2017 FORM 'J ' [See r ule 12(1)} APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT From:

To The Real Estate Rcgu latory Authority Sir, I/we beg to apply for renewal my/our registration as a real estate agent under rcgistra1ion certificate bearing No. , which expires on. ________ _ _ _ As requ ired l/we submit the followi ng documents and information, namt:ly:·

(i) A demand draft no. _______ dated ------- for rupees _ _ __ _ in favour of drawn on bank as renewal fee; ·----------

(ii) The original registration certificate; and

(iii) Status of the applicant, whether individual I company I proprietorship firm 1 societies partnership firm I limi ted liabi lity partnership;

(iv) In case of individual -

(a) Name

(b) Father's Name

(d) Permanent address ( c) Photograph OR in case of firm 'societies I companies·

(a) Name

(b) Address

(d) Major activities

(e) Name, photograph and address of partners I directors ., , .,, Dated:

Place:

THE ASSAM G.\i',FTTE. EXTRAORDl'.'JARY. VIAY 9, 2017 1233 ' l income tax returns filed under the provisions of the Income Tax Act, 1961 for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application, a declaration to such effect;

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

(v11) authenucated copy of the address proof of the place of business;

( \ 11 1 J Deta1b nf registration in an) ocher State or Union territory;

(1x) Any other information as specified by regulations.

Yours faithfully, Signature and seal of the applieant(s) 1234 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 9, 20 I 7 FORM 'K' (See ru le 12(4)) RENEWAL OF REGISTRATION OF REAL ESTATE AGENT I. This renewal of registration is granted under section 9 of the Act co • (in the case of an individual) Mr./Ms. ______________ son of Mr./Ms. Tchsil District ------- --- --- ------ OR (in the case or a tirm I society I rnmpuny) Jirm I soc iety I company _________ having its registered office I principal place or busincs:i <ii in continuation to registration certificate bearing No. _______ . of ____ _

2. This renewal of registration is granted subject to the fol lo"" ing conditions, namely:-

(i) The real estate agent shall not faeilitau.: the sale or purchase of any plot, apartment or building, as the case may be, in a real estatt: project or pa11 of it, being sold by the promoter which is required but not registered with the regulatory authority;

(ii) The real estate agent shall maintain and preserve such books of account, records and documents as provided under rule 14;

(iii) The real estate agent shall not involve himself in any unfair trade practices as specified under clause (c) of section 10;

(iv) The real estate agent shall facilitate the posst:ssion of all document$, as the ailuttt:c rs entitled tu. at the time of booking ol an) plol. apartment or building, <h the tJ::,e -na~ bt:.

(v) The real estate agent shall provide assistance to enable the allutlec and prumult:r to cxcn.:1::-c their respective rights and l'ulfil their rc.:spccuve obligation:> at the timc of booking and sak ul any plut, apartment ur bui lding. as tht: case may be .

(vi) The real estate agent shall comply with the provisions of the Act and tht: ruks and regulations made thereunder:

(vii) The real estate agent shall not contravene the provisions of any other la\\ for the ~imc being in force in the area where the project 1s being developed;

(viii) The real estate agent shall discharge such other functions as may be specified b) the regulatory authority by regulations;

-...

...

, rHE 1\SSAM GA/.ETlE. EX rRAORDfi\ARY, MA y 9, 2017 1235 ... The registration is val id for a period of five years commencing from and ~nding with_ __ unless renewed by the regulatory authority in accordance with the provisions of the Act or the rules and regulations made thereunder.

-1. If th~ above mentioned conditions are not fulfilled by the real estate agent, the regulatory authorit) may take necessary action against the real estate agent including revoking the registration granted herein. as per the Act and the rules and regulations made thereunder.

Datco· Signature and seal of the Authorized Officer Real Estate Regulat0ry Authority 1236 THE ASSAM GAZE1TE, EXTRAORD fNARY, MA y 9, 2017 FORM 'L' [See rule 28(2) J APPEAL TO APPELLATE TRIBUNAL Appeal under section 44 of.the Act Every appeal shall be tiled in English and in case it is in some other Indian language, it shall be accompanied by a cop) translated in English and shall be fairly and legibly Lype-\\rittcn.

I i.thographed or printed in double spacing on om: side or standard petition paper with an mncr margin of about four centimetres width on top and with a right margin on 2.5 cm, and left margin of S cm, duly paginated, indexed and stitched together in paper book form.

For use of Appellate Tribunal's office:

Date of filing:---------- Date of receipt by post: --------- Registration No.:--------- Signature: __ ·-------- Registrar:

1. Tl IE Rf.AL ESTATE APPELLATE TlUBLJNAL ( \am~ of place) Between Appellant(s) /\nd _ Respo11dent(s) Details of appeal:

I. Particulars or the appelltrnts:

(i) Name of the appellant:

(ii) Address of the existing office I residence of the appellant:

(iii) Address for service of all notices·

2. Particulars of the respondenLS:

(i) Name(s) of respondent:

(ii) Oftice address of the respondent:

(iii) Address for service of all notices.

3. Jurisdiction of the Appcllute Tribunal:

"llTF /\S5J\\1 GAZETTr. r XTRAORDNARY. MAY 9, 20 17 1237 Th: appellant declares that the subject matter of the appeal falls wi thin the juri sdiction of the \ppdlate Tribunal.

-+. I 1mna11on:

Tht. .iprcllant declares that the appea l is within the limitation specified in sub-section (2) of :-.~c1ion -~4 OR 1 • th: appeal s riled after the expir) of the limitation period specified under sub-section (2) of ,ection 44 sp~cify rcasnns for dcla) ----------------- ' f-'.1Lts of the case c g1\ 1.. a concise statement of facts and grounds of appeal against the specific order of regulatory authorit) or the adjud icating officer, as the case may be passed under section(s) of the Act. --- - ----

6. Relicf\s) sought:

In viev. of the facts mentioned in pa ragraph 5 above, the appellant prays for the fo llowing relief(s) _______ _ ___________ _ [Specify below the rclief(s) sought explaining the grounds of relief(s) and the legal provisions (if Jny) re lied uponl

7. Interi m order, 1f prayed for:

Pending fi nal decision on the appeal the appellant seeks issue of the following interim order:

l G1' e here the nature of the interim order prayed for with reasons 1

8. Matter not pend ing with an y other court, etc.:

The appellant further declares that the matter regarding which this appeal has been made is not pending before any court of law or any other authority or any other tribunal(s).

9. Particulars of bank draft in respect of the fee in terms of sub-rule (I) of rule 28:

(i ) Amount (i i) ame of the bank on which drawn

(iii) Demand draft number I 0. List of enclosures:

(i) An a nested true copy of the order agai nst which the appeal is fi led

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

(iii) An index of the documents 1238 THE ASSAM GAZETfE. EXTRAORDLNARY, MAY 9, 2017 Verification ____ (nam1.: in ful l block letters) son I daughter of the appel lant do hereby vcrit~ that the contents of paragraphs [ l to l O] are true to my personal knowledge and belief and that l have not suppressed any material fact(s) .

Place:

Date:

Signature of the appellant(s) - -_, -...

TIH~ASS/\:vt GA/ETTJ'. F:XTR/\ORDn.. '/\RY. Mi\Y 9 ?017 11 '> l . • - FORM ' M ' ('C rule 36(1 )1 COMPLAINT TO REGULATORY AUTHORITY Complaint untjcr section 31 of the /\ct For use or Regulatory /\uthority(s) office· Da te of ril ing:

Dale of receipt b) post. ---- ------ C nmplaint No.

1gnature: ---------- Registrar fN THE REGULA TORY AUTHORJTIES OFFICE (Name of place) Between Complainant(s) And ----- ____ Respondcnt(s) rJcta ils of' claim:

l. Particulars of the complainant(s):

(i) Name of the complainant:

(i i) Address of the existing office I residence of the complainant:

(iii) Address for service of all notices:

2. Particulars of the rcspondenls:

(i) Name(s) of respondent:

(ii) Office address of the respondent:

(iii) Address for service of all notices:

3. Jurisdiction of the regulatory authority:

1239 The complainant declares that the subject matter of the claim falls within the jurisdiction of the regulatory authority.

4. Facts of the case:

[give a concise statement of facts and grounds for complaintl

5. Relief(s) sought:

1240 THE ASSAM GAZETrE, EXTRJ\ORDI 'ARY, MAY 9, 2017 In view of the facts mentioned in paragraph 4 above, the complainant prays fo r the following.

relief(s) _ ~~~~~~~~~~~~~--~~· (Specify below the rclicf(s) claimed explaining the grounds of relid~s) and the legal provisions (if any) relied uponj

6. Interim order, if prayed for:

Pending final decis ion on the compluint the complainant sct!ks is~ue of the follow ing i nt~nm order:

[Give here the nature of the interim order prnyed for with reasonsj

7. Complainant not pending with any other coun, etc.:

The complainant fu1ther declares that the matter regarding which thi s complaint has been made 1s not pending before any court of law or an)" other authority or any other tribunal(s).

8. Particulars of bank draft in respect of the fee in terms of sub-rule (I) of rule 36:

(i) Amount

(ii) Name of the bank on which drawn (ii i) Demand drafi number

9. List of enclosures:

[Specify the details of enclosures with the complaint] Ver ificu tiou J _____ (name in full b!uck letters) son I daughter of the complainant do ht'rcby verify that the contents of paragraphs [I lo 9J an.: true to my pasonal knov .. lctlgc anti bt:i1c1 ,trill that I haw not supprcs~ed any material t'act(s).

Place:

Date :

Signature or the t:omplainan:( ... ) -·-.

...

Tiff ASSAM GA/rTTE, LXTRAORDT ARY. \t1AY 9, 2017 FOR:vt ' ., !See rule 37(1)1 APPLICA TJON TO ADJUDJCA Tl 'G OFFJCF:R Cla 1m for compensation under section 31 read with section 71 0f the Act For use of Adjudicating Officers office:

Date of fi ling:--- - --- Date of receipt by post: --------- \f1pl 1cat1on ~o "1gnature Authorized Officer:

~---------- TN THE ADJUDTCATTNG OfFTCERS OFFICE (Name of place) Berween ---------applicant(s) And --------- Respondent(s) Details of claim:

I. Particulars of the appl icant(s):

(i) >lame of the opplicant:

(ii) Address of the existing office I residence of the appellant:

( ii i) Address for service of al l notices:

(iv) Octai ls of al louecs apartment, plot or building

2. Particulars of the respondents:

(i) amc(s) of respondent:

(i i) Office address of the respondent:

(i ii) Address for servicl! of a 11 notices:

(iv) Registration no. and address of project:

3. Jurisdiction of the Adjudicating Officer:

1241 The applicant declares that the subject matter of the claim falls within the jurisdiction of the adjudicating officer.

4. Facts of the case:

(give a concise statement of facts and grounds of claim against the promoter] 1242 THEA 'SAM GAZETTE, EXTRAORDINARY, MAY 9. 2017

5. Compensation(s) sought:

In view of the facts mentioned in paragraph 4 above, the applicant prays for the following cornpensation(s) ~~~~~~~~~~~~~~~~~~~- [Specify below the cornpensution(s) claimed explaining the grounds of claim(s) and the kgal provisions (if any) relied uponj

6. Claim not pending \.\ith any other court. etc .:

The applicant further declares thut the matter regarding which this appeal hn~ been made i!i not pending before any court or law or any otht!r authority or an) other tribunal(~).

7. Particulars of bank draft in respect of the foe in terms of sub-ruk ( I) of rule 36:

(iv) Amount

(v) >lame of the bank on which drawn

(vi) Demand draf'l number

8. List of enclosures:

[Specify the details of enclosures with the application] Verificat ion ----(name in rul l block letters) son I daughter of the applicant <lo hereby \.Cril') that the contents of paragraphs [I to 8] are true to my personal knowledge and belief an<l that I have not suppressed any material fact(s).

Place:

Date:

...

fl [E ASSAM Gl\.ZlTTb, EXTRAORD!J\iARY, MAY 9, 2017 FORM '0 ' [Sec rule 381 AID'UAL STATEMENT OF ACCOUNTS Receipts and Payments Account For the year el!ded ---- --- 1243 (In Rupees) \ 'c · .. Receipts·- r Current I Previous TA/c Payments I CwTent Previous l 1>dL' year as I year as I Year as , Code I year as on on 1 on on ~- -··-"'t---- - -- ·----- ·--.----..- - 1- ---1 : To Balance 13 By Chairperson ' Brough t and Members:

down ~-- --- ~---!

To Bank 13. 1 By Pay and I 1, ----4----+---l 3 .2 I RAyllow~nccsOther------+- I. 1 I .2 ro·- Cash in-1 I ___ . I ha~d- ___ _____ _ ·- - ··-- ·-- bencfi _t_~- 2 To Fee, 13.3 By T:a I ~.harges and I expenses I-inc: I ;] ~ .. 1=~T o F e_cs --~·~-l -· .

! 2.2 . To Charges 1 ,._ ···· ·- --..-i - ... ·• --~- ' 13.31 ·· -··----+-·- - ....

- ____ 1_13 .32_ --- --- --- By Over.

·-·· -- By Dome ------ !

~elli~g !

I I I - . I eas --- - stic ··-- ·-- • 2.3 .-J To Fi~cs I 2.4 To Others 1 (specify) 14 -- --·-- -

14.1 By Office --· By Pay Allowanc rs . - and es - -··- rement I _ 3 To Grants: 14.2 By Rcti Benefits -+----;.-1--.

3.1 To /\ccounlc; 14.3 By ~J with I Benefits I G?vcmmen! _!.._ __ +-----+--- -+--- 3 .2 To Others 14.4 By Tra Expenses veiling .. ! ___ I (si:_~cify) · 4 To Gifts I ,.... 5 -1 1 To -Semina~s

14.41 cas By Overs By Dome and

14.42 I I 15 - stic I By Staff - - I 1 I I I .......

- -- I I - -- ··- --- 1-6 -~I ~:nfe~:~:c~of-t---·-1 I __ ~~lica_ti_on_s--1-- - .L .. --- - ----- and cs I I ·- -·- --~------ 1 7 To Income l I . I on I investments L_. J. and ~eposit~ ____ . _

15.1. By Pay Allowanc 1244 THEASSAJv1 GAZETTE, EXTRAORDINARY, MAY 9, 2017 r·I To Income on investments

7.2 To income ~I on Deposits To Loans I To Government - I By 15.2 Retirement Benefits

15.3 By Other 1--~ei:efits

15.4 I By Travelling ;

Expenses . -- --

15.41 By Overseas ·1 I --t-1--·~ ---~ _J -i '- - - -1 -8.2 To Others l

15.42 By Domestic (specify) I ---·- -. ·~·- --9 To Sale of I 16 By Hire of I Assets I Conveyance I I . i 17 .

.=i 10 To Sale on By Wages Investments -t '--·- - 11 To Recoveries By Overtime from pay bills I >----· By· Honorarium 1 19 I I- ... - - ---1 20 By Other office expenses --·- -· - 21 By Expenditure on Research ' ~-1 I -- 22 By Consultation I I 23 Expenses By Seminar s and ---- !

conferences -.. -- ---- Publications I 24 By of Authority I -· ----- -··- - --·-·- I I 25 By Rent and I I Taxes I ---+··- I lr ____ ,_ __ · I 26 lnter~sts on I I I ans I --·-- ···-· -- l 27 Pro1noriona1 -1-- I Expenses ~ - ·---· By Membership --1-28 I fee i ---.. --1 ' ~ 29 By Subscription I I 130 By Purchase of Fixed Assets j I I (specify) ._______ . - --- By lnvesanents I r-31 andDepos±

31.1 i By Investments I .... - I -.. _ -.... _ lHl-:-A::i:-i AM l7A~Ll IL:., t:XlRAOlff)fNARY, MAY 9, 2017 1245 - -- Security -··-·-·------- ··- ==l ns and s to:

···-·- · Joyees:

-- ~ ---=~-=- - ~~=~~---_ -_ . --E=I ;~~:~~,1;;~ ' 1 I 33 By Loa -t- Advance ·----- - - - J -3 3~1- By Emp 1- 1----- ·-- Bearing - ---+-····-·--t33.1 l By ' I I Interest ______ .. - bearing -- ------- - - .

uppliers/ ~ tors ----- ,_____ 33 .12 By not I 1 Tnterest I 332 ___ ByS 1 • Contrac · ------- 33.3 -rsY.Others , ···---· · ·-<-- - -i--- · -3-4----r-sy ___ R~payment -------·-1-·· -- -+-=T~:~-- ~;~~~b't~~rs Lea:;ef---~F-~ I I Salary and l • 1 Pensicm r·- l -- I ·1--·-- JsD"contrib~tion --·· i·---- ~- -- ~---:.. ~~~-----+.-~J ___ f-- . __ ~! ! ·•• 1 ~~-~u-i:t :ee + ·--_ -·· ~ . : -. - I I 36 - ·-By ____ Bal- anc; I ·->-----i.

~ - -- - j n • - - I ------ I 36. l ~a;~eadn~own i _, __ ___ I !--- -' ----·-·-···- - ·. ·· - ·+----4-·· - ---- >--·- - - - ·--- ·----~-·- - r--+---~---+--~--+----~-36_._2 ByCas~~n-han_d~l1-------1~---i !.. ..... _ ... ___ _ _, ___ [ __ __ ~- Total ______ I - -----..--- -~ i I Member(s) (S ignature) Chairperson (Signature) Income and Expenditu re A ccount For the 1st April to 31 51 March -------- 1246 THE ASSAM GAZE'lTE, EXTRAORDINARY, MAY 9, 2017

37. l . T 61. l By Fee --- I 37.2 I 61.2 By Ch I T. -·~-··

37.3 61.3 By Fine I, 1--11 arges _L____ -s - - - ]- --- l 1 I

37.31 j 61.4 By - - - ----··--· -· -~ Oilie~ I I (specify ) I I ...

I 62 By Gr 37.32 ··-+--·--- I an-ts- -- ----..,-------, ·~----- ,___ . -j . - 38 1 I 62. l I By ··-------- -I - --1 Account I wtth Govenunent :fs-.1- f-------- - -1·-- -· · · --- 62.2 ~ By Othc1:S ______ 1- L_ -~ ~ ____ 1 l~~ccify) --+ I I __ _:~ By Gifts- u I 1 64 I By Seminars und I Con ferent:cs - - ---~·-gs--+-9-y--Sale - or+--------38.4 38 .2 I ''jgj --' l J I Publications I I __ _J J8AI ------1 6. 6 - - · 1 By Income on , I I investments and I \ -+ I Deposits I rl, - -1 -- - - · · ~ By lncome on I • Investments -~· j 1 1 , 66.2 ~ome on I I ~~po:~:· 1----I----·-- --4-- - --+- I 39

39.1 r-- - --- -·

39.2

66.3 i By Interest on I Loan Advances ·+-----t-:o --------1- 67 Dy Miscellaneous t rncome 1 I ·- --1·-~ I

39.4 i· --+--- - -·- ·--- -- -- 67.1 f:-By -Gain on Saks I of Assl!ts trn. ~;:pen~::::ero{ j~~-r=- ~ _, -~67.3 I (T;-a;;·;re-rred 1~ I- I I. Capital Pund 1 1 Account) ! i I I

139.42 - --·\! -- I _[_-=_ -=c-.. I. ~ ---= k-:- --·--~- ---r- l t ~40 -- --+- _ _ , ·---i-------t-·-- I __ L41 __ I - l _ ·--~ _ _J. __ _:_ ___ -

39.41 I ...

,...

., ;.!"' . ~ ... ;

44 4-;

..+6 ,- -ii ..t~ ~9 ' I ".

1 - <.'

I '\4. I I 54.2

54.3 ' 54 .4 55 ' 56 57 1-- 58 I s9 60 THE A • AM GAZETTE, EXTR/\OROTNARY. MAY 9, 2017 1247 ---~-- -----r- - - -......-------, I .

I - -1 - ··-·1·- I --....-----l - ---1 - -- ---, .. --- r---~--~----- -:+~-~ ____ -: --- 1 -~ ·_-_ --------~-=----,-1~~~---r=--- ' I - ·----~·---· • I ---t--- - -· --------·- --··- ··- -·-+---- ----+ --t--~ :--_--~- - ---+---- - -· - ----·---, --- ------ ..

--·- · : ·-·· - - +---- ·!-·-------·-· . - --+-- - ----- - -· - ·-- ---1--·---+---- -- - ·· - ·-- -1--- I ------~----T -----< -- -~ - - --+--·---· -'---- -- - - - -+ 1--- - - --+---·- - ----1--- ·-·- --···-· ---· -r=------- -- ----!-===---!===-· ·-·-----_____ _ I ~--------·---+--- Total Total Member(s) (Signature) Chairperson (Signature) 1248 THE ASSAM GAZEITE, EXTRAORDINARY, MAY 9, 2017 Balance Sheet on 3 1st March --- --- (Jn Rupees) - 1 Current 1l Previous ' year as year as I on on 1 I -1-·--- -· l Ne l Code Liabilities Current , -Pr~vio --~--A year as I Year· j Code j on on us c j ssets as Code l _J 72 Fixed Assets 1 n.1 Gross Block at - --n--68 Funds

68.1 I Capital Fund

68.2 I ----- _ __j Cost ~--..-------~- - -+-----L- Add Excess of I 1 1

72.2 Income lncome over I Expenditure/ 1 over income less excesslof I Expenditure .._____ --

68.3 Other -Funds I - L __ _J - I

72.3 1 Less Cumulative I depreciation I I j l -- - ----1----··---Net Block I I 69 - --1 ~~:~::1 ·--- i-------r 73 : Carital -- Work- ; --- j I --r: in-progress -- 74 lnvestm-en- ts-& I ---- I----- ' · Deposits -+-- -!- ..---~ 74.1 . Investment 1 _L_ ___ , 1

74.2 Deposits- 1---, - -~- Loans -and -- .__,.I __ j Advances t 7s.i~count with· - -- ---- --v··-+~:~~;~~:o;-f- ----1----·- --;

---- --~-----77-1 Cash and Bank I Balances t- ____ _.___ · 7S -Othe;-c~rre~t· - I Assets .-.._ -· --- . +·-- - --- - _ _..._I Toca_I _ __ -~- _ _L_ .... --~ ---I 70 I Loans f- --70. l Government

70.2 Others r ---- Current Liabilities and I I provisions I --i------,- --i--- 1 -~-j Total _ _ j_ l>-1 - -·-l-·-------+-- L-i---- -----l Accounting Policies and Notes :

--- - ----- Member(s) (Signature) Chairperson (S1gnatun.:)

THE/\SSAM GA/,ETTE. EXTRAORDfNARY MAY 9 2017 ' , FORM 'P' !See rule 39] 1249 r\NJ\uAL REPORT TO BE PREPARED BY REGULATORY AUTHORITY I - . cnal '\;um her I. Return on reg1strauon of promoters and real estate agents A. In !"elation to Promoters:

1'.:amc of promoter Address of~Desenption ...- promoter of project for I which registration has been i:~ee rafd ··-r Registration Number i I :_ __ - ---··-·------· I -1 · t 2 -· _J ___ 3_ issued 4 - _ _L_ __ . - - - -·· 5 I 6 ·-·-·-+-- - .. -.

: !

Date of issue of registration . -------·_.ii..-... - - -· · Date on which--.. Date of c~tension_o_f~l ---R-emar_k ___ _ registration expires registration with period of extension --- .. - ------+--- ~ - - ____________ __, 2 3 i--·-·· 4 I j ___ ~_--_- - __ -- -- --- - ·- -- ------- -+-- - - - - ··-·r _J_ ____ ______ l_. - --------~ B. ln relation to Real Estate Agents :

-· 1 , crial ' umber I . - 0 , fame - Address 'i Registration Date of Date on Date and1 Remark of Real Fee paid issue of which period o~ I r - f· !

I Real Estate 1 j registration registration renewal of I I Estate Agent. I cert~ficate certificate registration I _ -~nt _ -~~ires ~xpir~s__ I certif~t?.9.!~ _ 1 g-l ·C·-r=--. ~---:~_· l~ ~ 1 __ -- T=----r-~_J 1250 THE ASSAM GAZETIE, EXTRAORDINARY, MAY 9, 2017 II. Return on number of cases fiied before the regulatory authority and the adjudicating officer for settlement of disputes and adjudicated upon.

- ------ ·---- .No No. of Cases pending in 1 the last quarter by the regulatory authority 'o. of Cases- -;-eccived l No. o-f Cases disposed of during the quarter by the i by the regulatory regulatory authority _ _ I authorit_Y_·__ _ I SI.No No. of Cases pendi~g ~ ,-·N;-. of Cases--;.~eived I ;.;o. of Cas~s dispos~d of'.

the last quaner by the during the quarter by the I by the regulatory regulatory authority+' regulatory authority orticcr I authority officer officer ---i-- - -- - __ . - - -- --·-·. -----··t . --- -- __ _J -- - --------------- -· - - - L ----- - ----- LIT. Statement on the periodical survey conducted by the regulatory authorny to morntm the compliance of the provisions of the Act by the promoters, allottccs trnd real estate agents.

Su~;;y ~-ondu~-ted--during I Obser~at·i~~f Authority -- ,.-Remedial st~ps taken the quruter with _detail~ 1 ____ _ I ~- ----~-------- --. L _ __ .. ---·-----···· ~. --·---- IV. Statement on steps taken to mitigate any non-compliance of the provisions of the and the rules and regulati'ons made Lhereunder by the promoters, allottecs and real estate agents.

l t._N __ -~-.--.---~~~~~~s~u~b~-·:._-ct--_-__ .~--·-.i~-----.-.. -S~ps taken"-- t=~csuliS aChiCvcd_ : i ------------· • ..L - - ----- - THE AS .. AM GAZETfE, EXTRAORDINARY, MAY 9, 2017 1251 v Statements on penalty unposed by the regulatory authority for contraventions of theAct and directions of the regulatory authority and adjudicating officer.

Name of th·c·--· Details of the - -- enalty imposed SI.No I promoler directions issued ~ ------" --1 SINo J ~"Jame of the allotoc j Details of the directions issued p cnalty imposed Whether paid - Whether paid -- ·--·--- -------·~- --- ~ - -------· ------ ___ J __ - ------~ ------·- ----- - --· I SI.No Name of the real estate agent '- - ' I - --· Details of the Penalty imposed Whether paid directions issued M.GV.K. BHANU, Additional Chief Secretary to the Govt. of Assam Urban Development Department.

I I (iuwahati : Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery Assam, Guwahati- I.

Extraordinary Gazette No. 333- 50 .... I 0 - 09- 05- 2017.

Assam Real Estate (Regulation and Development) Rules 2017

The enactment

Full text

Find the provision, not just read it