Section 3 in Punjab Apartment and Property Regulation Act, 1995
3. General liabilities of promoter.
(1)Notwithstanding anything in any other law for the time being in the force, a promoter, who develops a colony or who constructs or intends to construct a building of apartments, shall, in all transactions with persons taking or intending to take a plot or an apartment on ownership basis, be liable to give or produce, or cause to be given or produced, the information and the documents mentioned hereinafter in this section.(2)A promoter who develops a colony or who constructs or intends to construct such building of apartments shall,-(a)make full and true disclosure of the nature of his title to the land on which such colony is developed or such building is constructed or is to be constructed, such title to the land having been duly certified by an [officer not below the rank of Assistant Collector Grade-II after he has examined the transactions concerning it in the previous ten years] [Substituted 'attorney-at-law or an advocate of not less than seven years standing, after he has examined the transactions concerning it in the previous thirty years;' by Punjab Act No. 21 of 2014, dated 27.8.2014.] and if the land is owned by another person, the consent of the owner of such land to the development of the colony or construction of the building has been obtained;(b)make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or [over such land duly certified by an authority not below the rank of Assistant Collector Grade-II] [Substituted 'over such land' by Punjab Act No. 21 of 2014, dated 27.8.2014.];(c)give inspection on seven days' notice or demand,-(i)of the layout of the colony and plan of development works to be executed in a colony as approved by the prescribed authority in the case of a colony; and(ii)of the plan, and specifications of the building built or to be built on the land as well as of the common areas and facilities and common services provided (including supply of electricity and water, sewerage and drainage systems, lifts, fire-fighting equipment), such plans and specifications being in accordance with the provisions of the building regulations, and approved by the authority which is required so to do under any law for the time being in force, indicating thereon what parts of the building and the appurtenant areas are intended to be kept as common areas and facilities in the case of apartments :Provided that the number and sizes of the apartments shall conform to such building regulations, and the area of an apartment shall not exceed such limit as may be fixed by the competent authority;(d)display or keep all the documents, plans and specifications or copies thereof referred to in clauses (a), (b) and (c) of this sub-section at the site and in his office and make them available for inspection to persons taking or intending to take a plot or an apartment and after the association is formed, he shall furnish the association a copy of these documents and of the sanctioned plan of the building;(e)disclose the nature of fixtures, fittings and amenities, including the provision for one or more lifts, provided or to be provided;(f)disclose on reasonable notice or demand, if the promoter is himself the builder, the prescribed particulars as respects the designs and the material to be used in construction, and, if the promoter is not himself the builder, disclose all agreements entered into by him with the architects and contractors regarding the design, materials and construction of the building;(g)specify, in writing, the date by which possession of the plot or apartment is to be handed over and he shall hand over such possession accordingly;(h)except where there are no agreements about specific plots or apartments and allotment is made by draw of lots, prepare and maintain a list of plots or apartments with their numbers, the names and addresses of the parties who have taken or agreed to take plots or apartments, the price charged or agreed to be charged therefor, and the terms and conditions, if any, on which the plots or apartments are taken or agreed to be taken:[Provided that the Government may by notification direct, -(i)in the case of residential apartments, ten percent of the total apartments be reserved for economically weaker section of society; and(ii)in the case of colony, five percent area of the gross area of the project, be reserved for plots to be allotted to the persons belonging to economically weaker sections of society, in such manner and on terms and conditions, as may be specified.](f)state in writing, the precise nature of and the terms and conditions governing the association to be constituted of persons who have taken or are to take the apartments;(j)not allow persons to enter into possession until an occupation certificate required under any law is duly given by the appropriate authority under that law and no person shall take possession of an apartment until such occupation certificate is obtained;(k)make a full and true disclosure of all outgoings, including ground rent, if any, municipal or other taxes, charges for water and electricity, revenue assessment, interest on mortgages or other encumbrances, if any;(l)give the estimated cost of the building and the apartments proposed to be constructed, or colony to be developed, and the manner in which escalation in such cost for valid reasons may be approved by mutual agreement;(m)make a full true disclosure of such other information and documents in such manner as may be prescribed; and(n)give on demand and on payment of reasonable charges true copies of such of the documents referred to in any of the clauses of this sub-section as may be prescribed.
