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RAJASTHAN REAL ESTATE REGULATORY AUTHORITY NAGARNIYOJAN BHAWAN, JLN MARG JAIPUR it.F. 1(6)RJ/RERA/2017 Jaipur, Date: ‘| 8 OCT 2017 NOTIFICATION a In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of section 85 of the Real Estate (Regulations and Development) Act, 2016 (Central Act No. 16 of 2016), the Rajasthan Real Estate Regulatory _.Authority hereby makes the Rajasthan Real Estate Regulatory Authority Regulations, 2017 Copy -Enclosed - : Ny e (Mukesh Sharma) oo. Chairperson / Rajasthan Real Estate Regulatory “ Authority Copy forwarded to the followings for information andn/a:- Under Secretary (Housing) Government of India, Ministry of Housing and Urban Poverty Alleviation (Housing Section) Room no. 220, C Wing, Nirman Bhawan, New Delhi- 110011 Principal Secretary to Hon'ble Chief Minister, Government of Rajasthan, Jaipur P.S. to Hon'ble Minister for Urban Development Deptt. Jaipur P.S. to Chief Secretary, Government of Rajasthan, Jaipur P.S. to Addl. Chief Secretary, Urban Development Deptt. Jaipur P.S. to Principal Secretary to the Government, Law Department, Government of Rajasthan Presiding Officer, Food Safety Appellate Tribunal, Swasthaya Bhawan, C-Scheme Jaipur & Appellate Tribunal under RERA.
Joint Secretary I, II & III Urban Development Deptt. Jaipur Sr. D.S. UDH to upload the notification in Deptt. Website.
10. Commissioner Jaipur/Jodhpur/Ajmer Development Authority
11. Chief Town Planner, Rajasthan, Jaipur
12. Director, Local Bodies, Rajasthan, Jaipur
13. All Divisional Commissioner Raiasthan.
14. All Distract Collector, Rajasthan,
15. All Chairman/Secretary, Urban Improvement Trust.
X e A A A R Y N -
16. Director, Printing & Stationary Deptt. Rajasthan for Publication of the Rajasthan Real Estate Regulatory Authority Regulations, 2017 notification in next issue of Extra Ordinary State Gazette immediately.
hs Superintendent, Govt. Central Press, Jaipur for Publication of the Rajasthan Real Estate Regulatory Authority Regulations, 2017 notification in next issue of Extra Ordinary State Gazette immediately. Forty copies of the Gazette notification may kindly sent to this Deptt.
Earliest. A soft copy in CD are enclosed foz necessary Action)
18. Guard File — deep Kapoor) Registrar, Rajasthan Real Estate Regulatory Authority ” RAJASTHAN ktrAL ESTATE REGULATORY AUTHORITY NAGAR NIYOJAN BHAWAN, JLN MARG JAIPUR & No. F. 1(5) RJ/RERA / 2017 Jaipur, Date:
NOTIFICATION In exercise of the powers conferred by sub-section (1) and clause (i) of subsection (2) of section 85 of the Real Estate (Regulations and Development) Act, 2016 (Central Act No. 16 of 2016) the Rajasthan Real Estate Regulatory Authority hereby makes the following regulations, namely:—
1. Short Title and Commencement.- (1) These regulations may be called the Rajasthan Real Estate Regulatory Authority Regulations, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- (1) In these regulations, unless the context otherwise requires,—
(i)
(ii)
(iii)
(iv)
(vy)
(vi)
(vii)
(viii)
(ix)
(x) “Act” means the Real Estate (Regulation and Development) Act, 2016 (Central Act No. 16 of 2016) ;
“Adjudication” means the process of arriving at decisions on complaints filed with the Authority or the adjudicating officer under section 31 ofthe Act;
“Authority” means the Rajasthan Real Estate Regulatory Authority;
“Chairperson” means the Chairperson of the Authority and includes the interim Real Estate Regulatory Authority designated under third proviso of sub-section (1) of section 20 of the Act;
"Form" means a form appended to these regulations;
“Member” means the member of the Authority;
“Officer” means an officer of the Authority;
“Proceedings” means and includes proceedings of all nature that the Authority may conduct in the discharge of its functions under the Act or the rules and regulations made thereunder ;
“Registrar” means the registrar of the Authority;
“Rules” means the Rajasthan Real Estate (Regulation and Development) Rules, 2017.
(2) Words and expressions used therein but not defined in these regulations have the same meanings respectively assigned to them in the Act and the rules made thereunder.
tc 3. Forms cf Certificates. tn be given by Ajchitect, Engineer- and . Chartered Accountant.— (1) For the purposes of withdrawal of amount time to time from separate account maintained under the provisions of sub-clause-(D) of Aclause (1) of sub-section (2) of section 4 of the Act, in respect of each real estate project to cover the cost of the project, the promoter,.before the withdrawal of .
amount shall upload and display, compuisorily the following three certificates on — his webpage of the website ofthe Authority, namely:-
(i) the certificate from the project Architect certifying the percentage of completion ofconstruction work ofeach of the building ofthe project;
(ii) the certificate from the project Engineer for the actual cost incurred on the construction work of each o1 the building ofthe said project; and
(iii) the certificate from a practicing Chartered Accountant, for the cost incurred on construction cost and the land cost. The practicing Chartered Accountant shall also certify the proportion of the cost incurred on construction and I1nd cost to the total estimated cost of the project. The total estimated cos: of the project multiplied by such proportion shall determine the maximum amount which can be withdrawn by the promoter from the separate account.
(2) The promoter shall be required to follow the aforesaid procedure at the time of every withdrawal from the separate account till occupancy/completion certificate in respect of the project is obtained.
(3) On receipt of completion certificate in respect of the project, from the competent authority, the entire balance amount lying in the separate account can be withdrawn by the promoter.
(4) The certificates, issued by the project Architect, Engineer and Chartered Accountant and required to be uploaded by the promoter on his webpage of the Authority website before getting release of money from the separate account, as per this regulation and under the provisions of sub-clause (D) of clause (1) of subsection (2) of section 4, shall be in Form R-1, Form R-2 and Form R-3 respectively.
4. Additional disclosures by promoters on the website and project site:
(1) In addition to all the details of the proposed Real Estate project, to be uploaded by the promoter on his webpage on the website of the Authority, as required under sub-section (1) of section 11 of the Act and rule 3 read with rule 16 of the rules and regulation 3 above,-
(a) in accordance with the third proviso to clause (1) of sub-section (2) of section 4 of the Act, the promoter shall upload the annual revort on statement of accounts, in Form R-4 duly certified and signed by the Chartered Accountant who is the statutory auditor of the promoter’s enterprise.
Explanation :- The Chartered Accountant certifying the progress of the registered real estate project for the purpose of withdrawal of 2;
amounts from the separate accountshould be a different entity th an the Chartered Accountant who is the Biantioey auditor of the promoter’s enterprise.
(b) The sanctioned plans, layout plans, along with specifications approved by the Competent Authority shal! be prominently dispiayed by the promoter at the project land site.
(2) If in Form R-4 issued by the statutory auditor as per.sub-regulation (1) above it reveals that any certificate issued by the project architect, engineer or the chartered accountant has given false or incor-ect information and the amounts collected for a varticular project have noi been utilized for the project and the withdrawal has not been in compliance wiih the proportion to the percentage of completion of the project, the Authority, in addition to taking penal actions as contemplated in the Act and the rules, shall also take up the matter with the concemed regulatory body of the said professionals of the architect, engineer or Chartered Accountant, for necessary penal action against them, including removal from membership.
5.Authority to have seal of its own.- (1) Any document requiring authentication by the Authority shall be issued under the seal of the Authority, and shall be signed by the Secretary or other Officer of the Authority authorized Ly the Chairperson in this behalf.
(2) The official common seal and emblem of the Authority shall be sucii as may be specified by the State Government under sub-rule (3) of rule 23 of the rules.
6. Officers of the Authority.- (1) The Authority, subject to the provisions of sub-rule (2) of rule 22 of the rules, may appoint or engage consultants or experts to assist the Authority in the discharge of its functions.
(2) The Registrar shall-be the principal executive officer of the Authority and shall exercise his powers and perform his duties under the control of the Chairperson.
(3) Tne Authority, in the discharge of its functions under the Act, may take such assistance from the Registrar as it may deem fit.
7. Powers and duties of Registrar.- (1) In particular, and without prejudice to the generality of the provisions of regulation 6, the Registrar shall have the following powers and perform the following duties, namely :—
(i) _ shall have custody of the records and the seal of the Authority;
(ii) shall receive or cause to receive all documents, including, inter alia, complaints, applications or reference pertaining to the Authority;
(iii) shall scrutinize documents, including, inter alia, complaints, applications or references and shall be entitled to seek clarifications or rectifications upon the same and issue appropriate directions pertaining to the acceptance or rejection of such documents;
© «. (iv) shall prepare or cause to be prepared briefs anid summaries of pleadings presented by various parties in cases filed’ before the Authority;
(v) | shall carry out puce functions under the Act or therules, as may be delegated to him by the Chairperson, by general or special order;
(vi) shall assist the Authority in the proceedings relating to the powers exercisable by the Authority, as directed by the Chairperson;
(vii) shall provide notice for meeting, prepare the agenda for meetings and minute the proceedings ofthe Authority’s meetings;
(viii) shal! authenticate the orders passed by the Authority;
(ix) shall, so far as it is possible, monitor compliance of the orders passed by the Authority and shall forthwith bring to the notice of the Authority any non-compliance thereof; and
(x) shall have the right to collect from the State Government or other offices, companies and firms or any other party as may be directed by the Chairperson, such information and record, report, documents, etc., as may be considered necessary for the purpose of efficient discharge of the functions of the Authority under the Act and the rules and place the same before the Authority.
(2) In the absence of the Registrar, the officer of the Authority designated by the Chairperson in this behalf, shall exercise the functions ofthe Registrar.
(3) The Chairperson shall, at all times, have the power, either on an applicaiton made by any interested or affected party or suo motu, to review, revoke, revise, modify, amend, alter or otherwise change any order issued or action taken by the Registrar or any officer ofthe Authority, if considered appropriate.
(4) The Registrar may, with the written approval of the Chairperson, delegate to any officer of the Authority any function required by these Regulations or otherwise to be exercised by the Registrar.
8. Meetings.- (1) ‘This regulation shall be applicable to the meetings of the Authority, other than the adjudicatory proceedings ofthe Authority.
(2) The Chairperson shall preside over the meetings and conduct the business. If the Chairperson is unable to be present in the meetings for any reason, ur where there is no Chairperson, the senior most member present shall preside at the meeting.
(3) All questions which come up before any meetings of the Authority shall be decided by a majority of votes of the members present and voting. In the event of equality of votes, the Chairperson or in his absence, the member presiding shall have a second or casting vote.
(4) Save as otherwise provided in these regulations, every member shall have one ote, ‘ (5). -TheRegistrar or in-his-absence anofficer of the Authority desizaaied by the Chairperson, shall record the minutes of the meetings and maintain a register which will, amongst other things, contain the names and designation of members a “and invitees present in the meeting, a record of proceedings and notes of dissent, if any. The draft minutes shall, as scon as practicable, be sent to the Chairperson and the attending members.
(6) The decision taken in a meeting of the Authority shall be recorded in the minutes in a clear and concise manner, alongwith reasons. In case the minutes record any statement/submission made by an invitee, a copy ofthe minutes sha!l be sent to such invitee.
(7) The minutes of the previous meeting shall be confirmed by circulation<x atthe next meeting of the Authority.
9. Adiudication proceedings.- For adjudication proceedings with respect to complaints filed with the Authority, the Authority may, by order, direct that specific matters or issues be heard and decided by a single bench of either the Chairperson or any member of the Authority.
10. Authorized Representative.- A person who is a party to any proceedings before the Authority may either appear in person or authorise aray other person to present his case before the Authority and to do all or any of the acts for the purpose:
Provided that, the person appearing on behalf of any person in any proceeding before the Authority shall file an Authorisation Letter in Form R-S:
; Provided further that, the Authority shall have the power to summon and enforce the attendance of all persons who are concerned with the real estate project, including lenders, as well as the persons who have accorded permissions to the real estate project, as Competent Authority.
11. Orders of the Authority.- (1): The Authority Chairperson/member (s) hearing a proceeding shall pass orders in such proceedings, aiid such orders shall be signed by the Chairperson/members of the Authority. Every order made by the Authority shall be a reasoned order.
(2) All orders and decisions issued by the Authority shall be certified by the signature of the Registrar or an officer empowered in this behalf by the Chairperson and shall bear the official seal of the Authority and be communicated as expeditiously as possible from thc date of passing thereof to all parties in the proceeding.
12. Preservation, inspection, confidentiality and accessibility of records.—
(1) The records of the Authority shall be open to inspection by all, subject to the payment of the fee and after complying with the terms as the Authority may direct:
Provided that, subject to the provisions of the Right to Information Act, 2005, the Authority may, by an order, direct that any information, documents and papers/materials maintained by the Authority, shall be confidential or privileged and shall not be available for inspection or supply of certified copies, and the 5 4 __ Authority may also direct that such’ focuittit, ree or matérials shall fot be _ usedin any manner except as specifically authorised by the Authority.
2) The Authority shall, on such terms and conditions as considers it appropriate, provide for supply of certified copies of documents and papers available with the Authority to any person, applying in Form R-6, subject to the payment of fee and after complying with the terms as the Authority may direct.
(3) The Authority shall designate an officer for ensuring timely response to requests received for supply of certified copies of documents who shall endeavour to dispatch the certified copies of documents Tequested for within a period of fourteen working days from the date ofreceipt of said request.
(4) The Authority shall endeavour to make infcimationinvolving public interest accessible and available to the public, including, inter alia, through its website.
13. Investigation, inquiry, collection of information, etc. (1) The Authority may make such direction or order as it thinks fit for collection of information, inquiry, investigation, entry, search, seizure and, without prejudice to the generality of its powers, including, inter alia, the following, namely :—
(a) the Authority may, at any time, direct the Registrar or any one or more officers or any other person as the Authority considers it appropriate to study, investigate or furnish information witb respect to any matter within the jurisdiction of the Authority under the Act and the rules;
(b) the Authority may, for the above purpose, give such other directions as it may deem fit and state the time within which the report is to be submitted or information be furnished;
(c) the Authority may issue or authorise the Registrar or an officer to issue directions to any person to produce before it and allow to be examined and kept by an officer of the Authority directed in this behalf, the books, accounts, etc., or to furnish any information to the designated officer;
(d) the Authority may issue such directions, for the purpose of collection of any information, particulars or documents that the Authority considers necessary in connection with the discharge of its functions under the Act and the rules;
(e) if any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority or the Registrar or an officer authorised for the purpose may give directions for further inquiry, report and furnishing of information; and supplemental matters to be attended to whieh may be considered it relevant in connection with the above.
(f) the Authority may direct such incidental, ccnsequential and
(2). If the report ‘or sinformation-dbtained as’ above in accordance with thig ae ré iilation or any part thereofis proposed to be relied upon by the Authority for "forming its opinion or view in any proceedings, the parties to the proceedings shall “ be given a reasonable opportunityfor filing objections and making submissions on such report or information.
14.Confidentiality.- (1) The Authority, subject to the provisions of Right to Information Act, 2005, shall appraise and determine whether any document or evidence provided to it by any party and claimed by that party to be of a confidential nature merits being withheld from disclosure to other parties as being confidential and shall provide brief reasons in writing for aiziving at its conclusion.
(2) If the Authority is of the. view that the claim for confideiitiality is justified the ' Authority may direct that the same be not provided to such parties as the Authority may deem fit. However, the party claiming the confidentiality shall provide a brief non-confidential summary of the substance of the documents found to be confidential and the import ofthe same.
(3) Notwithstanding the above, it shall be open to the Authority to take into consideration the contents of the documents found to be confidential in arriving at its decision.
15. Review of decisions, directions, and orders.- (1) An application for rectification of orders under section 39 of the Act shall be filed in the same manner as a complaint under the rules.
(2) When it appears to the Authority that there is no sufficient ground for any rectification in orders, the Authority shall reject such application.
(3) When the Authority is of the opinion that the application should be granted, it shall grant the same provided that no such application shall be granted without previous notice to the opposite side or party to enable him to appear and to be heard.
16. Continuance of Proceedings after death, etc. .- (1) Where in a proceeding, any of the parties to the proceeding dies or is adjudicated as an insolvent or in the case of a company under liquidation/winding-up, the proceeding shall continue with the successors-in-interest. the executor, administrator, receiver, liquidator or other legal representative of the party concerned, as the case may be.
(2) In case any person wishes to bring on record the successors-in-interest, etc., the application for the purpose shall be filed within ninety days from the event requiring the successors-in-intevest to be brought on record. The Authority may condone the delay, if any, for sufficient reasons.
17. Issue of orders and directions.- Subject to the provisions of the Act, rules and regulations, the Authority may, from time to time issue orders and directions in regard to the implementation of the regulations.
18. Inherent power of the Authority.- (1) Nothing in these Regulations shall bar the Authority trom adopting in conformity with the provisions of the Act or rules, a procedure, if the Authority, in view of the special circumstance of a ai 7 matter or class of matters and for reasons to be recofded:in writing, déems it necessary or expedient for so dealing with such a matter or class ofmatters.
(BR) Nothing iin the regulations shall bar the Authority to deal with any matter or exercise any power under the Act or rules for which no regulations have been framed, and the Authority may deal with such matters, powers and functions in accordance with the provisions of the Act and the rules made thereunder.
19. Power to remove difficulties.- Ifany difficulty arises in giving effect: to any of the provisions of the regulations, the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act or rules, which appears to be necessary or expedient for the purpose of removing the difficulties.
20. Extension or abridgement of time prescribed.- Subject to the provisions of the Act or the rules, the time prescribed by the regulations or by order of the Authority for doing any act may be extended (whether it has already expired or not) or abridged for eufficient reason by an order ofthe Authority.
21. Effect of non-compliance.- Failure to comply with any requirement of the regulations shall not invalidate any proceeding merely by reasor. of such failure unless the Authority is of the view that such failure has resulted in miscarriage of Justice.
22. Costs.- (1) Subject to such condition and limitation as may be directed by the Authority, the costs of and incidental to, all proceedings shall be awarded at the discretion of the Authority and the Authority shall have full power to determine by whom or out of what funds and to what extent such costs are to be paid and give all necessary directions for the aforesaid purposes.
(2) The costs shall be paid within thirty days from the date of the order or within such time as the Authority may, by order, direct. If a party fails to comply with an order for costs within the permitted period, the order of the Authority awarding costs shall be executed forthwith in the same manner as a decree/order of a Civil Court.
23. Administrative Charges and Standard Fees.-(1) In case‘a promoter applies for withdrawal of application for registration of the project before the expiry of the period of thirty days of receipt of the application, registration fee, to the extent of five percent paid or rupees twenty five thousand whichever is more, shall be retained by the Authority and the remaining amount shall be refunded in accordance with sub-rule (5) of rule 3 of the rules.
(2) In the following cases registration fee, to the extent of five percent paid, shall be retained by the Authority towards administrative charges and the remaining amount shall be refunded to the applicant :-
(i) rejection of application for registration ofa project;
(41) rejection of application for registration of a real estate agent;
(iil) rejection of application for extension of registration ofa project; and 8
(iv) rejection of application for renewal of registration of real estate agent.
) The Authority shall, by order, fix standard fees, including annual fees, to be evied on the promoters or real estate agents or allottees for inspection of documents, certified copies of documents, the updating of website, database management and maintenance ofthe website.
FORM R-1 [see Regulation 3(4)] : CERTIFICATE BY ARCHITECT / (To be uploaded by the Promoter on his webpage on the RERA website before withdrawal ofmoney from separate account) To, The —_——________— (Name & Address of Promoter), Subject: Certificate of percentage of completion of construction work of Puilding(s) of the-—————Phase of the Project (RERA Registration Number ) situated on the Plot hearing No. ————— demarcaicd by its boundaries (latitude and longitude of the end points} — to the North — te the South ———— to the East —————- to the West village —————— Tehsil ————————_ District ——————_ PIN ———— —— admeasuring —-———_——— sq.mts. Area being developed by.
[Promoter’s Name] Sir, I/ We ————————_ have undertaken assignment as Architect of certifying, percentage of completion of construction work of the —-———————_ Building(s) of the Phase of the Project, situated on the plot bearing No. village — Tehsil ————— District —————-_ PIN ——————_— admeasuring sq.mts. Area being developed by ————— [Promoter’s Name]
1. Based on site inspection, with respect to each of the Building of the aforesaid Real Estate Project , 1 certify that as on the date ————, the percentage of work done for each of the building of the Real Estate Project (registration number————— under Rajasthan RERA), is as per TABLE-A herein below. The percentage of the work executed with respect to each of the activity of the entire phase is detailed in TABLE-B.
TABLE-A Building Number (to be prepared separately for each Building of the Project) Sie Tasks /Activity Percentage of work No. done(Approximately) @) | @) (3) 1 Excavation QO i eeecee ees nuinber of Basement(s) and Plinth 3 Stilt Floor 4 Percenumber of Slabs of Super Structure 5 |Internal Walls, Internal Plaster, Floorings within Flats/Premises, Doors and Windows to each of the Flat/ Premises.
6 | Sanitary Fittings within the Flat/Premises, Electrical Fittings within the Flat/Premises.
7 | Staircases, Lifts Wells and Lobbies at each Floor level connecting Staircases and Lifts, Overhead and Underground Water Tanks.
8 |The external plumbing and external plaster. elevation, | completion of terraces with waterproofing of the Building/ 10 Wing.
9 | Installation of lifts, water pumps, Fire Fighting Fittings and , Equipment as per CFO NOC, Electrical fittings to Common if Areas, electro, mechanical equipment, Compliance to conditions of environment /CRZ NOC, Finishing to entrance lobby/s, plinth protection, paving of areas appurtenant to Buiiding, Compound Wall and all other requirements as may be required:to obtain Completion Certificate.
TABLE-B Internal and External Development Works in respect of the entire Registered Phase/Project.
Sr. Common areas and Propos< Percentage Details No. Facilities/Amenities (Yes/No) of Work : done Q) 2) @) (4) (3) 1 Internal Roads & Footpaths. :
2 Water Supply 3 Sewerage (chamber, lines, Septic Tank , STP):
Storm Water Drains Landscaping& Tree Planting.
Community Buildings 4 5 6 Street Lighting ih 8 Treatment and disposal of sewage and sullage water.
9 Solid Waste management & Disposal.
10 Water conservation, Rain water harvesting.
11 Energy management ‘ 12 __| Fire protection and fire safety requirements 13) Electrical meter room, sub-station, receiving station:
14 __| Others ( Option to Add more).
Yours Faithfully, Signature & Name (IN BLOCK LETTERS) of Architect (Address i .c1-05.-2 ) Place:
Date:
11 FORM R-2 [See Regulation 3(4)] / CERTIFICATE BY ENGINEER (To be uploaded by the Promoter on his webpage on the RERA website before withdrawal ofmoney from separate account- Project wise) To, The GName & Address of Promoter), Subject : Certificate of Cost Incurred for Development of [Project Name] for Construction of building(s) of the Phase (RERA Registration Number ) situated on the Plot bearing No. demarcated by its boundaries (latitude and longitude of the end points) to the North to the South __to the East _to the West of Village Tehsil District PIN admeasuring sq. mts. area being developed by [Promoter].
Sir, I/ We have undertaken assignment of certifying Estimated Cost for the Subject Real Estate Project proposed io be registered under RERA-Rajasthan, being Building(s) of the -_ Phase situated on the plot bearing No. of Village Tehsil District PIN admeasuring sq.mts. area being developed by [Owner/Promoter]
1. We have estimated the cost of the completion te obtain Occupation Certificate/ Completion Certificate, of the Civil and Allied works, of the Building(s) of the available for the project under reference by developer.
2. We estimate Total Estimated Cost of completion of the building(s) of the aforesaid project under reference as xs. ( Total of Table A and B). The estimated Total Cost of project is with reference to the Civil and allied works required to be completed for the purpose of obtaining occupation certificate / completion certificate for the building(s).
3. The Estimated Cost incurred till date is calculated at Rs.
(Total of Table A and B)_. The amount of Estimated Cost incurred is calculated on the base of amount of Total Estimated Cost.
4. The Balance cost of Completion of the Civil and Allied works of the Building(s) of the subject project to obtain Occupation Certificate / Completion 12 Certificate from |(planning Authority) is estimated at Rss.
( Total ofTable A and B).
5, I certify that the Cost of the Civil and allied work for the aforesaid Project ams / completed on the date of this certificate is as given in Table A andB below:
TABLE A Building bearing Number................. oncalled eet (to be prepared separately for each Buildiig cfthe Real Estate Project) Sr. Particulars Amounts No
(1) (2) (3) 1 Total Estimated cost of the building as on ................. date of| Rs. ............
Registration is 2__| Cost incurred as on ................. (based on the Estimated cost) | Rs. ............
3__| Work done in Percentage (as Percentage ofthe estimated cost) | ..............04% 4 Balance Cost to be Incurred (Based on Estimated Cost) LS eeeene 3 Cost Incurred on Additional /Extra Items as on ................. NOU | RS ieee |__| included in the Estimated Cost (Annexure A) TABLE B (to be prepared for the entire registered phase of the Real Estate Project) Sr. Particulars Amounts No
(1) (2) G3) 1 | Total Estimated cost of the Internal and External Development LS cocnanonnemanen Works including amenities and Facilities in the layout as on Eedate of Registration is 2 | Cost incurred as on ................. (based on the Estimated| Rs. ...............
cost).
3__| Work donc in Percentage (as Percentage of the estimated cost).| ................. % 4 | Balance Cost to be licuiied (Based on Estimated Cost). IRS. an sesoavconapon 5 |Cost Incurred on Additional/ Extra Items as on] Rs A).
Yours Faithfully, Signature of Engineer.
(Address. ............. ) * Note:
1. The scope of work is to complete entire Real Estate Project as per drawings approved from time te time so as to obtain Occupation Certificate/Completion Certificate.
2. The estimated cost includes all labour, material, equipment and machinery required to earry out entire work.
me . 3. As this is an estimated cost, any deviation in quantity required for devciopment oftive Real Estate Project will resuit in amendment of the cost incurred/ to be incurred.
4. All components ofwork with specifications are indicative and not exhaustive.
/ > Annexure .A List of Extra/Additional Items executed with Cost (which were not part of the original Estimate of Total Cost) (1) (2) (3) 14 ¢ A FORM R-3 [see Regulation3(4)] CERTIFICATE BY CHARTERED ACCOUNTANT(On Letter Head) withdrawal ofmoney from separate account) Cost calculation ofReal Estate Project..............604 (to be uploaded by the Promoter on his webpage on the RERA website before RERA Registration Number...............0cecsesecceaneees Sr. Particulars Estimated Incurred amourat No. Amount in Rs. in Rs.
(@) - (2) 3) (4) 1 1. (A) Land Cost :
(i) | revenue or area snare given to land owner in lieu of land under any kind of agreement such as Joint Venture, Joint Development etc, in case the Promoter is not the owner of the land,
(ii) |amount paid to land owner,
(iii) incidental costs related to acquisition of land such as stamp duty, brokerage, settlement costs of litigation, premiums paid to government authorities related to land,
(iv) interest on finance for purchase of land,
(v) litigation costs incurred for land acquisition,
(vi) property and other taxes, fees, premiums paid.
Sub-Total of LAND COST (B) Development Cost/ Cost of Construction:
(a)(i) Total cost incurred by promoter towards the on site expenditure for physical development of the project,
(ii) Fees payable to the architects, consultants, project manager/staff including engineers, marketing agents, Actual Cost of construction incurred us per the books of accounts as ’ verified by the CA.
Note: (for adding to total cost of construction incurred, 15 minimum of (i) or (ii) is to be considered).
(iii) On-site expenditure —_— for development of entire project (excluding cost of constructionas per (i) or (ii) above), i.e. salaries, consultants fees, site Overheads, development works, - cost of services (including water, electricity, Sewerage, drainage, layout roads eic.), cost of:
mochineries and equipment including its hire andmaintenance Costs, consumables etc. All costs directly incurred to complete the construction of the entire phase of the project registered, b.. Payment of Taxes, cess, fees, charges, Approval cost for construction — etc.
premiums, interest etc. to any statutory Authority.
c. Principal sum and interest payable to financial institutions, scheduled banks, non-banking financial institution CNBFC) or money lenders on constructionfunding or money borrowed for construction & Project.
Sub-Total ofDevelopment Cost
2. Total Estimated Cost of the Real Estate Project 1(A) + 1(B)] of Estimated Column.
3. Total Cost Incurred of the Real Estate Project [1(A) + 1(B)] of Incurred Column.
4. Percentage completion of construction work (as per Project Architect’s Certificate)
5. Percentage of the Cost incurred on Land Cost to the Total Estimated Cost.
6. Percentage of the Cost incurred on Construction Cost to the Total Estimated Cost.
7. Amount which can be withdrawn from the Separate Account. (to_be calculated as 16 below) Total Estimated Cost (item 2 above)xtotal é percentage of cost incurred (as mentioned at item 5 & 6)
8. Less: Amount withdrawn till date of this certificate as per the Books of Accounts and Bank Statement.
9. Net Amount which can be withdrawn from the Separate Bank Account under this certificate.
This certificate is being issued for the Project.................... (RERA Registration INOvecessoeces) in compliance of the provisions of section 4 (2) (1) (D) of the Act and is based on the records and documents produced before me and explanations provided to me by the management of the Promoter.
Yours Faithfully, Signature of Chartered Accountant 17, (Membership Number............. ) Name FORM R-4 [see Regulation 4] J ANNUAL REPORT ON STATEMENT OF ACCOUNTS (on the letter head of chartered accountant, who is statutory auditor of the promoter’s company/firm) To [name and address ofpromoter] Subject : Report on Statement of Accounts on project fund utilization and withdrawal by [Promoter] for the period from to___with respect to the project (RERA Registration Number :)
1. This certificate is issued in accordance with the provisions of the Real Estate (Regulation and Development) Act, 2016 read alongwith the Rules and Regulations made thereunder.
2. I/We have obtained all necessary information and explanation from the Promoter- Company, during the course of our audit, which in my/our opinion are necessary for the purpose of this certificate.
3. I/We hereby confirm that I/We have examined the prescribed registers, books and documents, anc the relevant records of [Promoter] for the period ended ........... and hereby certify that:
V1)S epeeeee eee (Promoter) have completed ..............% of the project titled......... (Name) RERA Registration No............ located at ...............
ii. Amount collected during the year for this project is Rs. .................:.65 and amounts collected till date is RS...............cecceeeeeeeeeeeee iii. Amount withdrawn during the year for this project is Rs...................0.04. and amount withdrawn till’date 1s RS) ges. .-2-e cose
4. I/We certify that the [Name of Promoter] has utilized the amounts collected LOGreeessee eee project only for that project and the withdiawal from the separate bank account of the said project has been in accordance with the proportion to the percentage of completion of the project.
(If not, please specify the amount withdrawn in excess of eligible amount or any other exceptions).
(Signature and Stamp/Sealof the Signatory CA) Nameof the Signatory :
Riaces rull Address :
Date : Membership No.:
Contact No. :
E mail :
18 FORM R-5 [see Regulation 10] . Memo ofAuthorisation - BEFORE THE RAJASTHAN REAL ESTATE REGULATORY AUTHORITY ComplaintNowe.
In the matter of Petitioner NS ieccccesesererererrcst treste eetveneer eters Respondent(s) I/We, ..........tne abovenamed petitioner/respondent do hereby nominate and BPOOUMGseeserscecscesressrecees> , to act, plead and appear on my/our behalf in the aforcsai matter.
IN WITNESS WHEREOF I/We have set and subscribed my/our hands to this writing on this ......... day of .........
Signature (Petitioner/Respondent) Place :
[Petitioner/Respondent] Date :
Address for Correspondence AWS BISCO janes cance osenpoononconc :
(Signature and name of authorised person) 19 - FORM R-6 [See Regulation 12] BEFORE THE RAJASTHAN REAL ESTATE REGULATORY AUTHORITY f Application for inspection/obtaining copies of documents/records I hereby apply for grant of permission to inspect/obtain copies of the following documents /records in the above case. The details are as foliows:
1, Name and Address of the person seckingpermission to inspect/obtain copies of the documents/records.
2. Whether heis party to tue case or heis the authorised Pepieoeaiialive of any party.
[Furnish necessary particulars]
3. Details of papers/documents sought to be inspected/copies required.
4. Date and duration of the inspection sought ;
5. The amount of fee payable (as per rates fixed by the Authority) and the mode of payment Place :
Date : Signature and name of the Applicant Address 2.0.....eceecececeeeereneenents For office Use Granted inspection on : / Rejected Granted copies of documents on / Rejected Registrar/Officer in-charge of the Authority Wee/ (Mukesh Sharma) Chairperson Rajasthan Real Estate Regulatory Authority 20