State of Rajasthan - Act
Rajasthan Real Estate (Regulation and Development) Rules, 2017
RAJASTHAN
India
India
Rajasthan Real Estate (Regulation and Development) Rules, 2017
Rule RAJASTHAN-REAL-ESTATE-REGULATION-AND-DEVELOPMENT-RULES-2017 of 2017
- Published on 1 January 2017
- Commenced on 1 January 2017
- [This is the version of this document from 1 January 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and Commencement.
2. Definitions.
3. Additional information and documents to be furnished by the promoter for registration of project.
4. Disclosure by promoters of ongoing projects.
5. Withdrawal of sums deposited in separate account.
6. Grant or rejection of registration of the project.
7. Extension of registration of the project.
8. Revocation of registration of the project.
- Upon the revocation of registration of a project as per section 7 the Authority shall inform the promoter in Form-D about such revocation.9. Agreement for sale.
10. Application for Registration by the real estate agent.
11. Grant of Registration to the real estate agent.
12. Renewal of registration of real estate agent.
13. Revocation of Registration of real estate agent.
- The Authority may, due to reasons specified under sub-section (7) of section 9, revoke the registration granted to the real estate agent or renewal thereof, as the case may be, and intimate the real estate agent of such revocation in Form-J.14. Maintenance and preservation of books of accounts, records and documents.
- The real estate agent shall maintain and preserve books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961.15. Other functions of a real estate agent.
- The real 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.Chapter - IV Details to be published on the Website of the Authority16. Details to be published on the website.
17. Rate of interest payable by the promoter and the allottee.
- The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India highest marginal cost of lending rate plus two percent:Provided that in case the State Bank of India marginal cost of funds based lending rates is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix, from time to time, for lending to the general public.18. Timelines for refund.
19. Manner of selection of Chairperson and Members of the Authority.
20. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Authority.
21. Administrative powers of the Chairperson of the Authority.
- The administrative powers of the Chairperson of the Authority shall include making decisions, subject to prevailing service rules applicable on the State Government employee pertaining to staff and officers, budget provisions and general directions of the State Government, with regard to the following:22. Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Authority and experts and consultants engaged by the Authority.
23. Functioning of the Authority.
24. Additional powers of the Authority.
25. Manner of recovery of interest, penalty and compensation.
- Subject to the provisions of sub-section (1) of section 40, the recovery of the amounts due as arrears of land revenue shall be recovered in the manner as provided in the Rajasthan Land Revenue Act, 1956 and rules made thereunder.26. Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal.
- For the purpose of sub-section (2) of section 40, every order passed by the adjudicating officer, Authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the adjudicating officer, Authority or the Appellate 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 officer, Authority or Appellate Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.Chapter - VII Real Estate Appellate Tribunal27. Form for filing Appeal and the fees payable.
28. Manner of selection of Members of the Appellate Tribunal.
29. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal.
30. Functioning of Appellate Tribunal.
31. Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal.
32. Additional powers of the Appellate Tribunal.
33. Administrative powers of the Chairperson of the Appellate Tribunal.
- The administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions subject to prevailing service rules applicable on the State Government employees pertaining to Staff and Officers, budget provisions and general directions of the State Government with regard to the following:-34. Terms and conditions and the fine payable for compounding of offence.
| S.N. | Offence | Amount to be paid for compounding the offence |
| 1 | 2 | 3 |
| 1 | Punishable with imprisonment under sub-section(2) of section 59 | five percent of the estimated cost of the realestate project |
| 2 | Punishable with imprisonment under section 64 | five percent of the estimated cost of the realestate project |
| 3 | Punishable with imprisonment under section 66 | five percent of the estimated cost of the plot,apartment or building, as the case may be, of the real estateproject, for which the sale or purchase has been facilitated |
| 4 | Punishable with imprisonment under section 68 | five percent of the cost of the plot, apartmentor building, as the case may be |
35. Manner of filing a complaint with the Authority and the manner of holding an inquiry by the Authority.
36. Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer.
37. Budget, accounts and audit.
38. Annual Report.
39. Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal.
40. Removal of doubts.
- If any doubt arises, relating to interpretation of these rules, decision of the State Government shall be final.Form-A[see rule 3(2)]Application for Registration of ProjectToThe Real Estate Regulatory AuthorityRajasthan, JaipurSir,I/We hereby apply for the grant of registration of my/our project to be set up at _________ Tehsil __________ District _________ State __________.1. The requisite particulars are as under:-
2. I/we enclose the following documents in triplicate, namely:-
3. I/We enclose the following additional documents and information regarding ongoing projects, as required under rule 4 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 and other provisions of the Act, rules and regulations made thereunder, namely:-
4. I/We solemnly affirm and declare that the particulars given in herein are correct to my /our knowledge and belief.
Yours faithfully,Signature and seal of the applicant(s)Date:Place:Form-B[see rule 3(4)]DeclarationAffidavit cum Declaration of Mr./Ms. _________ promoter of the proposed project / duly authorized by the promoter of the proposed project vide its/his/their authorization dated ______:I, _________ Son/Daughter/Wife of _________ aged _________ R/o _________ promoter of the proposed project / duly authorized by the promoter of the proposed project do hereby solemnly declare, undertake and state as under:1. That I / promoter have / has a legal title to the land on which the development of the project is proposed
orthe land is owned by _________________who 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 or phase thereof, as the case may be, is enclosed with application.2. That the said land is free from all encumbrances.
orThat details of encumbrances ________________ including details of any rights, title, interest or name of any party in or over such land, along with details.3. That the time period within which the project or phase thereof, as the case may be, shall be completed by promoter is _________.
4. That seventy per cent of the amounts realised by promoter for the real estate project from the allottees, from time to time, shall 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.
5. That the amounts from the separate account, to cover the cost of the project, shall be withdrawn in proportion to the percentage of completion of the project.
6. That the amounts from the separate account shall be withdrawn only after it is certified 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 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 accountant and it 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 of the project.
8. That I /promoter shall take all the pending approvals on time, from the competent authorities.
9. That I /promoter have / has furnished such other documents as have been specified by the rules and regulations made under the Real Estate (Regulation and Development) Act, 2016.
10. That I /promoter shall not discriminate on the basis of caste, religion, region, language, sex or marital status against any allottee at the time of allotment of any apartment, plot or building, as the case may be, on any grounds.
DeponentVerificationI _________ Son/Daughter/Wife of _________ aged _________ R/o _________ do hereby verify that the contents in para No. 1 to 10 of my above Affidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom. Verified by me at ________ on this ____ day of _______.DeponentForm-C[see rule 6(1)]Registration Certificate of ProjectThis certificate of registration is hereby granted under section 5 of the Real Estate (Regulation and Development) Act, 2016 to the following project:-1. Project registration number: _______________ :
2. Details of Project: _______________________________________________________ (Specify details of Project including the project address)
3. Details of promoter:
(in the case of an individual)Mr./Ms. _______________________son/daughter/wife of Mr./Ms. ___________________________ R/O _______________________________ Tehsil _____________________________ District ___________________________ State _____________________________________;or(in the case of a firm / society / company / competent authority etc.)Name of the firm/society/company/competent authority _______________ having its registered office/principal place of business at _____________.4. This registration is granted subject to the following conditions, namely:-
5. If the above mentioned conditions are not fulfilled by the promoter, the Authority may take necessary action against the promoter including revoking the registration granted herein.
6. The Login Id and password for the purpose as provided under clause (a) of sub-section (1) or sub-section (2) of section 5 of the Real Estate (Regulation and Development) Act, 2016, as the case may be, is enclosed herewith.
Signature and sealAuthorised Officer of the Real Estate Regulatory AuthorityDate:Place:Form-D[see rule 6(2), rule 7(4), rule 8]Intimation of Rejection of Application For Registration of Project / Rejection of Application For Extension of Registration of Project / Revocation of Registration of ProjectFrom:The Real Estate Regulatory Authority,Rajasthan, JaipurTo _____________________________________________________________________Application/Registration No.: _______________Dated: _______________You are hereby informed that your application for registration of your project is rejected,orYou are hereby informed that your application for extension of period of the registration of your project is rejected,orYou are hereby informed that the registration granted to your project is hereby revoked, for the reasons-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Signature and sealAuthorized Officer of the Real Estate Regulatory AuthorityDate :Place :Form-E[see rule 7(1)]Application For Extension Of Registration Of ProjectFrom: ___________________________________________________________________ToThe Real Estate Regulatory Authority,Rajasthan, JaipurSir,I/We hereby apply for renewal of registration certificate of the following project:__________________________________________________________________________________________________________________________ registered with the Authority vide Project Registration Certificate bearing No.________________, which expires on___________________________.As required I/we submit the following documents and information, namely:-1. (in the case of an individual) Mr./Ms. _______________________________ son/daughter/wife of______________ Mr./Ms.____________________________Tehsil__________________District ____________State_____________________;
or(in the case of a firm / society / company / competent authority etc.)Name of firm / society / company / competent authority etc.)------------------------------- having its registered office/principal place of business at ______________.2. This extension of registration is granted subject to the following conditions, namely:-
(i)The promoter shall execute and register a conveyance deed in favour of the allottee or the association of the allottees, as the case may be, of the apartment or the common areas as per section 17;(ii)The promoter shall deposit seventy percent of the amounts realised by him in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to be used only for that purpose as per sub-clause (D) of clause (l) of sub-section (2) of section 4;(iii)The registration shall be extended by a period of ______ (days/weeks/months) and shall be valid until_________ commencing from _____________and ending with ________________________unless further extended by the Real Estate Regulatory Authority in accordance with section 6 of the Real Estate (Regulation and Development) Act, 2016 read with rule 7 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017;(iv)The promoter shall comply with the provisions of the Act and the rules and regulations made thereunder;(v)The promoter shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed;(vi)If the above mentioned conditions are not fulfilled by the promoter, the 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.Signature and sealAuthorized Officer of the Real Estate Regulatory AuthorityDate :Place :Form-G[see rule 9]Agreement for SaleThis Agreement for Sale, hereinafter referred to as the Agreement, is executed on this ........... day of ............. Two thousand and ................at .............................By and Between[if the promoter is a company]M/s .................................(CIN No. ...........) a company incorporated under the provisions of the Companies Act, 1956/ 2013 and having its registered office at ........................................... and its corporate office at ...........................................................and its PAN is............, represented by its auothorised signatory.................(Aadhar No. .............) authorised vide board resolution dated .........hereinafter referred to as the "Promoter" (which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include, its assignees, legal successor(s) in interest) of the ONE PART.OR[if the promoter is a partnership firm]M/s .................................................. a partnership firm, duly registered and existing under the provisions of the Indian Partnership Act, 1932, having its principle place of business at ..........................................and its PAN is............ represented by its auothorised partner........................(Aadhar No. .............) duly authorized vide authority letter dated .............................. passed and signed by all the partners constituting the firm, (Copy enclosed) (hereinafter referred to as the "Promoter"), which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees including those of the respective partners of the ONE PART.OR[if the promoter is an individual]Mr./Mrs./Ms........................................ (Aadhar No..........) son/daughter/wife of Mr. ............................................. aged about ........ years, R/o...............................................its PAN is............ (hereinafter singly/ jointly, as the case may be, referred to as the "Promoter", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include his/her legal successor(s), administrators, executors successors & permitted assignees) of the ONE PART.Affix Color photograph of Allottee/ First Allottee with signature across the photographAffix Color photograph of the authorized signatory of Promoter with signature across the photographAnd[if the allottee is an individual]Mr./Mrs./Ms...................... son/daughter/wife of Mr. ................................. aged about ........ years, R/o................................................ (Aadhar No. .............) (PAN ............) (hereinafter singly/ jointly, as the case may be, referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees) of the OTHER PART.OR[if the allottee is a partnership firm]M/s ............................................... a partnership firm, duly registered and existing under the provisions of the Indian Partnership Act, 1932, having its principle place of business at ..........................................(PAN-............) through the partner Mr./Ms..............................................(Aadhar No......) duly authorized vide authority letter dated .............................. passed and signed by all the partners constituting the firm, (Copy enclosed) (hereinafter referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees including those of the respective partners) of the OTHER PART.OR[if the allottee is a company]M/s............................................................(CIN No............) a Company incorporated under the provisions of the Companies Act, 1956 / 2013 having the registered office at ...............................................and its PAN is............ through Mr. .................................(Aadhar No........), its authorized signatory who has been duly empowered vide Board Resolution dated .................. (hereinafter jointly and severally, as the case may be, being the allottee(s) of the Unit hereinafter, referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees) of the OTHER PART.or[if the allottee is HUF]Mr./Ms. .................................(Aadhar No........................) son/daughter/wife of....................... aged about........ years for self and as the Karta of the HUF, having its place of business/ residence at..................................(PAN-............) (hereinafter referred to as, "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include him and each of the members constituting the HUF their Heirs, administrators, executors, successors & permitted assignees) of the OTHER PART.(Details of other allottees to be inserted, in case of more than one allottee)The Promoter and the Allottee(s) shall hereinafter be collectively referred to as "Parties" and individually as a "Party".Interpretations/ Definitions. - (1) In this Agreement, the following expressions unless repugnant to the context shall have the meaning assigned thereto -(a)"Act" means the Real Estate (Regulation and Development) Act, 2016;(b)"Built-up area" means the sum of area of the Apartment or Flat. It shall include area encompassed within the walls of Apartment or Flat, all balconies, whether covered or un-covered, and thickness of wall. In case there be a common wall only 50% of thickness of such wall shall be taken in consideration for calculating the built-up area;(c)"Interest" means the interest payable at the rate specified in rule 17 of the rules;(d)"Para" means a Para of this Agreement;(e)"Maintenance Society" shall mean the society, association or body, by whatever name called, that may be formed under clause (e) of sub-section (4) of section 11 of the Act;(f)"Regulation" means the Regulation made under the Act;(g)"Rules" means the Rajasthan Real Estate (Regulation and Development) Rules, 2017;(h)"Schedule" means the Schedule attached to this Agreement; and(i)"Section" means the section of the Act.| Stage | Date by which the works are proposed to becompleted | Details of works to be completed |
1. Terms :
| Block/ Building/ Tower no. ........ Apartmentno. ......Type.........Floor........ | Rate of Apartment per square feet* |
| Total Price (in Rupees) | ------------------ |
| Garage/ covered parking-1 | Price for 1 (in Rs.) |
| Garage/ covered parking-2 | Price for 2(in Rs.) |
| Total price (in Rupees) | ------------------ |
| Plot No. ...............Type ...................Location ................. | Rate of Apartment per square feet* |
| Total Price (in Rupees) | ------------------ |
| Garage/ covered parking-1 | Price for 1 (in Rs.) |
| Garage/ covered parking-2 | Price for 2(in Rs.) |
| Total price (in Rupees) | ------------------ |
| Stage of development works & completion ofthe Unit (with details of works) | Percentage of the Total Price as calculated underTerm & Condition No. 1.2 | Installment Amount in Rs. | Period within which the installment amount is tobe paid by the Allottee |
2. Mode of Payment. - Subject to the terms of the agreement and the Promoter abiding by the construction milestones, the Aloottee shall make all payments, on written demand by the Promoter, within the stipulated time as mentioned in the payment plan at Term No. 1.4 above through account payee cheque/ demand draft/ banker's cheque or online payment (as applicable) in favor of ---------------------------------- payable at ---------- .
3. Compliance of Laws Relating To Remittances. - 3.1 The Allottee, if residence outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act,1999 ('FEMA'), Reserve Bank of India Act, 1934 ('RBI' Act) and the Rules and Regulation made thereunder or any statutory amendments or modifications made thereof and all others applicable laws including that of remittance of payment, acquisition/ sale/ transfer of immovable properties in India etc. and provide the Promoter with such permission, approval 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 FEMA or statutory enactments or amendments thereof and the Rules and Regulation of the Reserve Bank of India or any other applicable law. The Allottee understands and agrees that in the event of any failure on his/ her part 2 comply with the applicable guidelines issued by the Reserve Bank of India, he/ she may be liable for any action under FEMA or other laws as applicable, as amended from time to time.
4. Adjustement/ Appropriation Of Payments. - The Allottee authorized the Promoter to adjust/ appropriate all payments made by him/ her under any head of dues against lawfull outstanding of the Allottee against the Apartment/Plot, if any, in his/ her name and the Allottee undertakes not to object/ demand/ direct the Promoter to adjust his payments in any manner.
5. Time Is Essence. - The Promoter shall abide by the time schedule for completing the Project as disclosed at the time of registration of the Project with the Authority and towards handing over the Apartment/ Plot to the Allottee and the common areas to the Maintenance Society or the competent authority, as the case may be.
6. Construction Of The Project. - The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement 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, amenities and facilities. 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 relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.
7. Possession of The Apartment / Plot. - 7.1 Schedule for possession of the said Apartment of Plot - The Promoter agrees and understands that timely delivery of possession of the Apartment/ Plot to the Allottee and the common areas to the Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to handover possession of the Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on------------------------ , unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment/ Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee(s) the entire amount received by the Promoter from the Allottee with interest within forty-five days from that date. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agreed that he/ she shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
8. Representations and Warranties of The Promoter. - The Promoter hereby represents and warrants to the Allottee(s) as follows:
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, namely:-
(i)The Promoter fails to provide ready to move in possession of the Apartment /Flat to the Allottee(s) within the time period specified in Term No. 7.1 above in this Agreement or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause, 'ready to move in possession' shall mean that the Apartment or Flat shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the parties, and for which occupation certificate and completion certificate, as the case may be, has been issued by the competent authority;(ii)Discontinuance of the Promoter's business as a developer on account of suspension or revocation or expiry of his registration under the provisions of the Act or the rules or regulations made thereunder.10. Conveyance of the Said Apartment/Polt. - The Promoter, on receipt of Total Price of the Apartment/ Plot as per Term No.1.2 under the Agreement from the Allottee shall execute a conveyance deed and convey the title of the Apartment/ Plot together with proportionate indivisible share in common areas within three months from the date of issuance of the occupancy certificate and the completion certificate, as the case may be, to the Allottee:
Provided that, in absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the Promoter within three months from the date of issue of occupancy certificate.Provided further that, in case the Allottee(s) fails to deposit the stamp duty, registration charges within the period mentioned in the demand notice, letter, the Allottee(s) authorizes the Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottee(s).11. Maintenance of the Said Building/ Apartment/ Project. - The Promoter shall be responsible for providing and maintaining the essential services in the Project, till the taking over of the maintenance of the Project by the Maintenance Society upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Price of the Apartment/ Plot.
12. Defect Liability. - It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per this Agreement relating to such development is brought to the notice of the Promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
13. Right to Enter the Apartment for Repairs. - The Promoter/ Maintenance Society shall have rights of unrestricted access of all common areas, garages/covered parking and parking spaces for providing necessary maintenance services and the Allottee(s) agrees to permit the Promoter/ Maintenance Society 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.
14. Usage. - Use of Basement(s) and service areas:- The basement and service areas, if any, as located within the Project, 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(s) shall not be permitted to use the services areas and the basements in any manner whatsoever, other than those earmarked as parking spaces, and the same shall be reserved for used by the Maintenance Society for rendering maintenance services.
15. General Compliance With Respect to the Apartment/Plot. - 15.1 Subject to Term 12 above, the Allottee(s) shall, after taking possession, be solely responsible to maintain the said 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 said building Apartment/ Plot, or the staircases, lifts, common passages, corridors, circulation areas, atrium or compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the said Apartment/ Plot, and keep the said Apartment/ Plot,, its walls and partitions, sewers, drains, pipes and appurtenances thereto or belonging thereto in good and tenantable 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.
16. Compliance of Laws, Notifications Etc. by Parties. - The Parties are entering into this Agreement for the allotment of a Apartment/ Plot with the full knowledge of all laws, rules, regulations, notifications applicable to the Project.
17. Additional Constructions. - The Promoter undertakes that it has no right to make additions or to put up additional structure anywhere in the Project after the building plan, layout plans sanction plan and specifications, amenities and facilities has been approved by the competent authorities and disclosed, except for as provided in the Act.
18. Promoter Shall Not Mortgage or Create A Charge. - After the Promoter executes this Agreement he shall not mortgage or create a charge on the said 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 for charge shall not affect the right and interest of the Allottee(s) who has taken or agreed to take such Apartment/ Plot/ Building.
19. Binding Effect. - Forwarding this Agreement to the Allottee(s) by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee(s) until, firstly, the Allottee(s) signs and delivers this Agreement with all the Schedules along with the payments due as stipulated in this Agreement within thirty days from the date of receipt by the Allottee(s) and secondly, appears for registration of the same before the concerned Sub-Registrar ---------------- (address of 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 Allottee(s) and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee(s) for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee(s), application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee(s) in connection therewith including the booking amount shall be returned to the Allottee(s) without any interest or compensation whatsoever.
20. Entire Agreement. - 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.
21. Right To Amend. - This Agreement may only be amended through written consent of the Parties.
22. Provisions of this Agreement Applicable Allottee/ Subsequent Allottees. - 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 said Apartment/ Plot and the Project shall equally be applicable to and enforceable against and by any subsequent Allottee of the Apartment/ Plot, in case of a transfer, as the said obligations go along with the Apartment/ Plot for all intents and purposes.
23. Waiver Not a Limitation to Enforce:
24. 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 necessary to the conform to the Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement.
25. Method of Calculation of Proportionate Share Wherever Referred to in the Agreement: Wherever in this Agreement it is stipulated that the Allottee(s) has to make any payment, in common with other allottees in the Project, the same shall be the proportion which the carpet area of the Apartment/ Plot bears to the total carpet area of all the Apartments/Plots in the Project.
26. 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.
27. Place of Execution. - The execution of this Agreement shall be completed only upon its execution by the Promoter through its authorized signatory at the Promoter's Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in --------------------- after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar at------------- (specify the addres of the Sub-Registrar). Hence this Agreement shall be deemed to have been executed at --------------.
28. Notices. - All the notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by registered post at their respective addresses specified below:-
| M/s..........(Promoter's name ) | Allottee(s) name |
| Address.......................... | Address.......................... |
29. Joint Allottee. - That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee 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 Allottee(s).
30. Savings. - Any application, letter, allotment letter or any other document signed by the allottee, in respect of the apartment, plot or building, as the case may be, 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 allottee or the promoter under the agreement for sale, under the Act, the rules or the regulations made thereunder.
31. 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 Act, rules and regulations made thereunder including other applicable laws of India for the time being in force.
32. Dispute Resolution. - All or any dispute arising out of or touching upon or in relation to the terms and conditions of this Agreement including the interpretation and validity thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussions, between the Parties, failing which the dispute shall be settled in the manner as provided under the Act.
(Note:- Any other terms & conditions as per contractual understanding between the Parties can be inserted. However, such terms should not in derogation of or inconsistent with the terms & conditions of this Agreement or the provisions of the Act and rules/ regulation made thereunder.)In Witness Where Of parties herein above named have set their respective hands and signed this Agreement for sale at ................ in the presence of attesting witness, signing as such on the day first above written.Signed and delivered by the within named Allottee(s) in the presence of witnesses on ...........................| Passport size photograph with signature acrossthe photograph(First- Allottee) | Passport size photograph with signature acrossthe photograph(Second- Allottee) | Passport size photograph with signature acrossthe photograph(Third- Allottee) |
| Signature (Name)(First-Allottee) | Signature (Name)(Second-Allottee) | Signature (Name)(Third-Allottee) |
| PromoterFor and on behalf of M/s |
| Name |
| Signature |
| Designation |
| Witnesses |
| 1- Signature |
| Name |
| Address |
| 2- Signature |
| Name |
| Address |