State of Punjab - Act
Punjab Apartment and Property Regulation Rules, 1995
PUNJAB
India
India
Punjab Apartment and Property Regulation Rules, 1995
Rule PUNJAB-APARTMENT-AND-PROPERTY-REGULATION-RULES-1995 of 1995
- Published on 20 November 1995
- Commenced on 20 November 1995
- [This is the version of this document from 20 November 1995.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires:-3. Disclosure regarding design and material to be used.
- The promoter shall disclose the following particulars on reasonable notice or demand as respects designs and materials to be used in the construction, namely :-4. Reservation of residential apartments and plots for persons belonging to economically weaker sections of society.
5. Mode of allotment of reserved apartments and plots.
6. Price to be paid for allotments of apartments and plots.
- The price payable for allotment of plots and apartments reserved to be sold or leased to the persons belonging to the economically weaker sections of the society shall be at least fifteen per cent less than the price fixed for the allotment of such plots or apartments to other categories of persons and unless the allottee voluntarily agrees to pay the price so fixed in lump sum, the price shall be payable in instalments to be fixed by the promoter in such a way that it would be recoverable within a period of at least three years from the date of allotment of the apartment or the plot, as the case may be. [Sections 3(2)(h)(ii), 5(9) and 45(2)(g).]7. Disclosure regarding registration and licence.
- The promoter shall disclose the number of his certificate of registration granted under sub-section (2) of section 21 and, in the case of a colony, also the validity of licence issued under sub-section (3) of section 5 and display the certificate of registration and the licence so granted at a conspicuous place in his office and make it available for inspection to the persons taking or intending to take an apartment or a plot in the colony and to a person authorised by the competent authority. [Sections 3(2)(m) and 45(a)(b).]8. Supply of copies of documents.
- The promoter on demand shall supply true copies, on payment of reasonable charges, of the following documents, namely :-9. Additional information to be supplied by the promoter.
- The promoter alongwith the information specified under sub-section (3) of section 4, shall also disclose the information regarding the following matters in the advertisement or prospectus to be issued under sub-section (1) of section 4, namely :-10. Application for licence and documents to be used and fee to be paid for grant of licence.
11. Inquiry by competent authority.
12. Conditions required to be fulfilled by the applicant.
13. Grant of Licence.
- The competent authority shall grant a licence in Form APR V after the promoter has furnished a bank guarantee equal to twenty five per cent of estimated cost of the development works duly certified by the competent authority and the promoter has undertaken to enter into an agreement in Form APR IV for the completion of development works as per conditions of the licence so granted and agrees to deposit the service charges as provided under section 32. [Sections 5(3) and 45(2)(e).]14. Renewal of Licence.
15. Recovery of charges incurred on development works.
- After the development works have been carried out by the competent authority under sub-section (13) of section 5, the charges incurred by the competent authority for carrying out such development works, shall be recovered by adjusting the amount received as a result of enforcement of the bank guarantee and the balance, if any, shall be recovered from the promoter, subject to the condition that the amount so recovered, shall not exceed the amount the promoter has actually recovered from the allottees by deducting the amount actually spent on development works, and on the allottee subject to the condition that the amount so recovered, shall not exceed the amount, which they have to pay to the promoter towards the expenses of such development works under the terms of the agreement of the sale or transfer. [Sections 5(13) and 45(2)(h).]16. Agreement of sale.
- The agreement of sale to be executed by the promoter with the intending purchasers under sub-section (1) of section 6, shall be in Form APR VIII and shall be accompanied by the following documents, namely :-17. Rate of interest on refund of advance money upon cancellation of agreement.
- The promoter shall refund full amount collected from the prospective buyers under sub-section (1) of section 6 together with interest thereon at the rate of twelve per cent per annum payable from the date of receipt of amount so collected till the date of re-payment. [Sections 6(2) and 45(2)(j).]18. Fee for settlement of disputes under section 11(2).
- Application under sub-section (2) of section 11 for referring the dispute to the competent authority, shall be accompanied by a fee of rupees two per square metre of the covered area of the apartment subject to a minimum of two hundred rupees in the form of a demand draft drawn on any Scheduled Bank in favour of the competent authority. [Sections 11(2) and 45(2)(k).]19. Particulars to be given and documents to be attached with conveyance deed of apartment.
- The conveyance deed of apartment to be executed under section 15, shall contain the following particulars and shall be accompanied by the following documents, namely :-20. Form of application.
- Application for enforcement of conveyance deed under sub-section (1) of section 16 shall be made in form APR IX. [Sections 16(1) and 45(2)(m).]21. Building Regulations.
- In the areas falling within the jurisdiction of a municipality, the rules or regulations or bye-laws of the municipality regulating the matters specified in section 20, shall be applicable and in the areas falling outside the jurisdiction of a municipality, the building rules made under the Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act 11 of 1995), shall mutatis mutandis be applicable. [Sections 21(2) and 45(2)(o).]22. Release of Bank Guarantee.
- After the layout and the development works in a colony have been completed, and a completion certificate in respect thereof has been issued the competent authority may, on an application in this behalf from the promoter, release within a period of three months of the date of application, the bank guarantee furnished by the promoter after adjusting the amount incurred by the competent authority under sub-section (13) of section 5. [Sections 45(2)(w).]Provided that one-fifth of the bank guarantee shall be kept unreleased to ensure the upkeep and maintenance of the colony for a period of five years from the date of issue of the completion certificate or till such time, as the promoter is relieved of the responsibilities in this behalf, by the State Government or a local authority, as the case may be, whichever is earlier.23. Certificate or registration.
24. Qualifications for registration as promoter and estate agent.
25. Fee for renewal of registration.
- The fee for renewal of registration as a promoter or an estate agent, shall be the same as is payable, under rule 23 for granting certificate of registration; provided the application is made in Form APR XIV in the case of a promoter and in Form APR XV in the case of an estate agent atleast three months before the expiry of the period of certificate of registration. [Sections 23 and 45(2)(g)].26. Form and manner of maintaining accounts and registers and records.
27. Audit.
28. Returns.
29. Utilisation of fund.
- The Punjab Urban Development Fund shall, in addition to the purposes specified in sub-section (4) of section 32, also be utilised for -30. Form and manner of filing appeal under section 33(2).
- An appeal against an order of the competent authority under the Act, shall be preferred in writing, signed by the appellant or his duly authorised agent and shall be accompanied by the following documents, namely :-| Self | Government Department | Development Authority | Local Authority |
| Self | Government Department | Development Authority | Development Authority |
2. I/we enclose the following documents in triplicate, namely :-
3. I/We enclose the further following documents, namely :-
4. It is further submitted that I/we may be exempted from providing the following amenity or amenities in the proposed colony and an explanatory note in triplicate alongwith plans marked A, B, C, (so on) as to why the said amenity or amenities are not required to be provided in the colony is enclosed.
5. I/we solemnly affirm and declare that the particulars given in para I are correct to the best of my/our knowledge and belief.
Yours faithfully,Dated :Place :Signature of applicant(s) along with full name(s).Form APR II[See rule 11(3)]Form of Notice for calling upon the applicant to fulfil conditions.FromThe Competent Authority,_____________________To_______________________________________________________________Memo No.Dated : the __________Reference : Your application dated _____________ for the grant of licence to set up a colony at _______________ Tehsil ____________ District ____________.2. It is proposed to grant licence to you for setting up a colony at _______________ Tehsil _________________ District _______________ . You are, therefore, called upon to fulfil the conditions laid down in rule 12 of the Punjab Apartment and Property Regulation Rules, 1995 within a period of thirty days from the date of the service of this notice.
Competent Authority,_________________Form APR III[See rule 11(4)]Form of Refusal to the applicant to grant licence.FromThe Competent Authority,_______________________To______________________________________________Memo No. ______________Dated : the ___________Reference : Your application dated _____________ for grant of licence.2. It is regretted that the grant of licence is refused for the reasons given below :-
_____________________________________________________________________Competent Authority_________________Form APR IV[See rule 12(1)(b) and condition No. (ii) of the Licence in FORM APR II]Form of Agreement by a promoter to set up a colonyThis agreement made on the __________________ day of ___________________ one thousand nine hundred and _________________ between _________________ (hereinafter called the promoter which term shall include his heirs, legal representatives, successors and assigns) of the one part and the competent authority on the other part;Whereas the competent authority has agreed to a grant a licence to the promoter, for setting up a colony at __________________________ tehsil __________________ district _________________________ subject to the conditions that the promoter shall enter into an agreement with the competent authority for carrying out, completion and maintenance of development works in the colony in accordance with the licence granted to him.Now this deed witnesseth as follows :-1. In consideration of the competent authority has agreed to grant licence to the promoter to set up the said colony on the land mentioned in the Schedule hereto, the promoter hereby covenants as follows :-
2. Provided always and it is hereby agreed that if the promoter shall commit any breach of the terms and conditions of this agreement or violate any provision of the Punjab Apartment and Property Regulations Act, 1995 or the rules made thereunder, than, and in any such case, and notwithstanding the waiver of any previous cause or right, the competent authority, may, revoke the licence granted to him.
3. The stamp and registration charges on this deed shall be borne by the promoter.
In witness whereof the promoter and the competent authority have signed this deed on the day and year first above written.The PromoterCompetent Authority1. Witness __________________ dated__________
2. Witness __________________ dated__________
Form APR VLicence No.(See rule 13)Form of LicenceThis licence is granted under the Punjab Apartment and Property Regulation Act, 1995 to-| Serial No. | Date of renewal | Date upto which renewed | Signature of the competent authority |
| 1. | |||
| 2. | |||
| 3. | |||
| 4. | |||
| 5. | |||
| 6. | |||
| 7. | |||
| 8. | |||
| 9. | |||
| 10. |
2. It is regretted that renewal of licence No. ____________________ is rejected for the reasons given below :-
______________________________________________Competent Authority_________________Form APR VIII[See Rule 16]Form of Agreement of SaleThis agreement of sale made this __________________ day of _______________ between ______________________ (hereinafter called the promoter which expression shall include his heirs, legal representatives, successors and assigns) of the one part AND Shri/Smt./Kumari ______________ __________ _____ Son/Wife/Daughter of ________________resident of _________________ (hereinafter called the intending purchaser which expression shall include his/her heirs, executive administrators, legal representatives and assigns) of the other part.Whereas the promoter intends to construct or has constructed a building of apartment in _______________ colony and ________________________ which are to be sold on ownership basis; orWhereas the promoter intends to offer for sale plots in _______________ colony at ___________________;And whereas the intending purchaser has separately applied for purchase of an apartment/plot in the __________________ colony at ____________________ and has deposited the earnest money of rupees __________________ with the promoter;Now this agreement witnesses as follows :-The promoter agrees -1. Witness
Dated :2. Witness
Dated :Signature of the Intending Purchaser,1. Witness
Dated :2. Witness
Dated :Form APR IX(See Rule 20)Form of Application for Enforcing Conveyance DeedToThe Competent Authority,_____________________Sir,I/we beg to apply for issuing a certificate to be produced before the registering authority concerned for enforcing the registration of conveyance deed of the apartment in my/our name in pursuance of the agreement of the sale made between the promoter and me/us.The requisite particulars are given here under :-1. Name
2. Father's name
3. Address for correspondence
4. Number and location of apartment
5. Area of apartment under possession of applicant (in square metre)
6. Consideration money paid
7. Details of agreement of sale; (Enclosure copy of the agreement of sale)
1. Name
2. Father's name
3. Address for correspondence
4. Permanent Address
5. Status of the applicant; whether individual, firm or a company or a cooperative society
6. Whether applicant is income tax payee, if so, income tax Account No. _____
7. Details of immovable property held by the applicant
8. Whether the applicant had ever been registered as promoter under any other law for the time being in force, if so, details thereof
9. Whether the applicant had ever been conducting business as a promoter, if so, details thereof
10. Whether the applicant possesses the requisite qualifications and experience as a promoter, if so, attach attested copy of requisite certificates.
11. Has the applicant ever been convicted of an offence under the Act or any other law relating to construction or use of premises, if so, has a period of five years, elapsed after that conviction
12. Any other information, the applicant desires to furnish
I/we enclose the following documents, namely :-1. Name :
2. Father's name :
3. Permanent Address :
4. Address for correspondence :
5. Status of the applicant, whether individual, firm or a Company or a cooperative society.
6. Whether applicant is income tax payee, if so, income tax Account No. _________________
7. Whether the applicant has been registered as Estate Agent under any other law for the time being in force, if so, details thereof;
8. (i) Whether the applicant possess the requisite qualifications and experience as an Estate Agent, if so, attach attested copies of the requisite certificates:
9. Has the applicant ever been convicted of any offence under the Act if so, has a period of five years elapsed after that conviction.
10. Any information the applicant desired to furnish :
I/we enclose the following documents, namely :-| Serial Number | Number of plot/Apartment | Category of plot/apartments whether residential or commercialor industrial | Area of plot/apartment | To whom the plot/apartment is sold or agreed to be sold (fullparticulars to be given) | Date of agreement sale of plot/apartment | Price Fixed of plot/apartment |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Amount received as earnest money | Amount received as allotment money | Total Columns 8 and 9 | Amount received in instalments (if any) | Total amount received as full payment of price | Balance amount Column | Remarks |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Sr. No. | Category of plot/apartment whether residential or commercialor industrial | Details of apartment/ with location etc. | Area of plot/ apartment | Seller with address | Buyer with a address | Date of Sale | Amount of sale deed | If sale deed executed the date thereof with a copy of the deed |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Serial Number | Name of licence | Address of licence | Fee paid | Licence Number | Date of issue of licence | Date on which licence expires | Date of renewal with period of renewal | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Serial Number | Name of Promoter | Address of promoter | Registration Fee paid | Bank Guarantee | Registration Number | Date of issue of certificate of registration | Date on which certificate of registration expires | Date of registration and period of renewal | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Serial Number | Name of Estate Agent | Address of Estate Agent | Registration fee paid | Date of issue of certificate of registration | Date on which certificate of registration expires | Date and period of renewal of certificate of registration | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Sr. Number | Name of plot holder/apartment owner along with address | Particulars of plots/apartments | Opening balance | Amount received during the period ending with | Amount spent on the development works in thecolony/construction of apartments | Closing balance |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Serial Number | Number of plots/ apartment | Category of plot/ apartment whether residential/ Commercial orindustrial | Area of plot/ floor area of apartment | Name and address of the seller | Name and address of the purchaser | Price of plot/ apartment | Date of sale | Date of execution of conveyance deed |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |