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    Rules

    About RRL ACCOUNTING SERVICES PRIVATE LIMITED

    No. 1-GN-HO-15/1/2021-LAW CELL-Deptt. of HO, 27th July, 2021.– In exercise of the powers conferred by
    section 84 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016), the Governor is pleased hereby to
    make the following rules, namely:–

    Short title and Commencement-

    (1) These rules may be called the West Bengal Real Estate (Regulation and Development) Rules, 2021.
    (2) They shall come into force from the date of their publication in the Official Gazette.

    Definitions-

    (1) In these rules, unless the context otherwise requires,–
    (a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);
    (b) “Annexure” means an annexure appended to these rules;
    (c) “Appellant” shall mean a person who makes or on whose behalf any appeal in the Appellate Tribunal under sub-section (1) of section 44 of the Act if preferred, including his authorized representatives, legal heirs, successors,
    assignee, lawful attorney or executor;
    (d) “Authenticated Copy” shall mean true copy of a document, so certified by any Gazetted officer or notary public within meaning of the Notaries Act, 1952, or by the party producing the same except where certified
    copy is required by the Act, these rules or by any regulation;
    (e) “Authorised Representative” means a person duly authorised by a party to a proceeding to represent him or on his behalf before the Authority or Appellate Tribunal or adjudicating officer under the Act and the Rules and regulations including a legal practitioner within meaning of the Advocates Act, 1961 (25 of 1961) and also including the persons as explained in the Section 56 of the Act;

    (f) “Complainant” shall mean a person, who has or on whose behalf a complaint is filed under Section 31 of the Act before the Authority or the Adjudicating Officer, as the case may be, including his authorized representatives,
    legal heirs, successors, assignee, lawful attorney or executor;
    (g) “Form” means a form appended to these rules;
    (h) “State Government” means the Government of West Bengal in the Housing Department;
    (i) “Layout Plan” means a plan of the project depicting the division or proposed division of land into plots, roads,
    open spaces, amenities, etc. and other details as may be necessary;
    (j) “Project Land” means any parcel or parcels of land on which the project is developed and constructed by a promoter;
    (k) “Respondent” shall mean an adversary against whom any proceeding, as defined in this Rule, is instituted or drawn up or pending, including legal heir, successors, assignee and executor or who is an adversary in any appeal;
    (l) “section” means a section of the Act.
    (2) Words and expressions used herein and not defined, but defined in the Act, shall have the same meaning respectively assigned to them in the Act and as per clause (zr) of section 2 of the Act.

    Information and documents to be furnished by the promoter for registration of project-

    (1) The promoter shall furnish the following additional information and documents, along with those specified under the relevant sections
    of the Act, for registration of the real estate project with the Regulatory Authority in both soft and hard copies, namely:–
    (a) authenticated copy of the PAN card of the promoter;
    (b) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years;
    (c) copy of GST registration under the relevant law;
    (d) the number of open parking areas available in the said real estate project;
    (e) copy of the legal title deed reflecting the title of the promoter on the land on which development is proposed to be carried out along with legally valid documents with authentication of such title, if such land is owned by another person along with mutation certificate issued by the concerned Authority;
    (f) the details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with details;
    (g) where the promoter is not the owner of the land on which development is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land proposed to be developed;
    (h) certificate of enlistment, if any, from the concerned Authority, as per law;
    (i) such other information and documents, as may be specified by regulations.
    (2) The application referred to in sub-section (1) of section 4 shall be made in writing as per Form ‘A’, which shall be submitted in triplicate, until the application procedure is made web based as provided under sub-section (3) of section 4 of the Act.
    (3) The promoter shall pay a registration fee at the time of application for registration either by way of a demand draft drawn on any scheduled bank or by electronic fund transfer system for a sum calculated at the rate of:–

    (a) rupees ten per square meter for residential projects where the area of land proposed to be developed does not exceed one thousand square meters; or rupees twenty per square meter for residential projects where the area of land proposed to be developed exceeds one thousand square meters; or
    (b) rupees fifty per square meter for commercial or any other projects, where the area of land proposed to be developed does not exceed one thousand square meters; or rupees one hundred per square meter for commercial or any other projects, where the area of land proposed to be developed exceeds one thousand square meters;
    (4) The declaration to be submitted under clause (l) of sub-section (2) of section 4 of the Act, shall be as per Form ‘B’, which shall include a declaration stating that the promoter shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.

    Disclosure by promoters of existing projects-

    (1) Upon the notification for commencement of sub-section (1)
    of section 3, promoters of all ongoing projects which have not received completion certificate shall, within the time
    specified in the said sub- section, make an application to the Regulatory Authority in the form and manner provided in
    rule 3.
    (2) The promoter shall disclose all project details as required under the Act and the rules and regulations made there under, including the status of the project and the extent of completion.
    (3) The promoter shall disclose the size of the apartment based on carpet area even if earlier sold on any other basis such as super area, super built up area, built up area etc. which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent.
    (4) In case of plotted development the promoter shall disclose the area of the plot being sold to the allottees.

    Withdrawal of sums deposited in separate account-

    (1) For the purposes of sub-clause (D) of clause (l) of
    sub-section (2) of section 4, the land cost shall be the cost incurred by the promoter, whether as an outright purchase or lease premium.
    (2) For the purposes of sub-clause (D) of clause (l) of sub-section (2) of section 4, the construction cost shall be the cost incurred by the promoter, towards the on-site expenditure for the physical development of the project.

    Grant or rejection of registration of the project-

    (1) Upon the registration of a project as per section 5, the Regulatory Authority shall issue a registration certificate with a registration number as per Form ‘C’ to the promoter.
    (2) In case of rejection of the application as per section 5 the Regulatory Authority shall inform the applicant as per Form ‘D’:
    Provided that the Authority may grant an opportunity to the applicant to rectify the defects in the application within such time period as may be specified by it:
    Provided further that if no intimation regarding registration or rejection of registration of the project is given within a period of thirty days, the registration of the real estate project shall be deemed to have been given.

    Extension of registration of the project-

    (1) The registration granted under section 5, may be extended as per section 6, on an application made by the promoter in Form ‘E’ which shall not be less than three months prior to the
    expiry of the registration granted.
    (2) The application for extension of registration shall be accompanied fees of an amount equivalent to twice the registration fee as prescribed under sub-rule (3) of rule 3 payable either by way of a demand draft drawn on any scheduled bank or by electronic fund transfer system or in such other manner as the Authority may order, along with an explanatory note setting out the reasons for delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reasons:
    (3) In case of extension of registration, the Regulatory Authority shall inform the promoter about the same as per Form ‘F’ and in case of rejection of the application for extension of registration the Regulatory Authority shall,
    after giving an opportunity to the applicant to be heard in the matter as per second proviso of section 6, inform the promoter about the same as per Form ‘D’:

    (4) The Authority, for reasons to be recorded, may allow such modification, alteration, rectification or amendment of documents, related to registration, as may deem fit and proper.

    Revocation of Registration of the project-

    Upon the revocation of registration of a project as per section 7 the Regulatory Authority shall inform the promoter about such revocation as per Form ‘D’.

    Agreement for sale-

    (1) For the purpose of sub-section (2) of section 13, the agreement for sale shall be in the
    form as per Annexure ‘A’.
    (2) Any application letter, allotment letter or any other document signed by the allottee, in respect of the apartment, plot or building, 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 under the agreement for sale or under the Act or the rules or the regulations made thereunder.
    (3) The Promoter shall not make any additions and alterations beyond the extent of 5(five) percent in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the
    apartment, plot or building, as the case may be, without the previous written consent of the Allottee:
    Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act:
    Provided further that if the Authority competent to issue approvals is of the view that certain changes in the project are necessary, he may on application of the promoter do so for the reasons to be recorded in writing and in that case
    consent of allottees shall not be required.

    Application for Registration by the real estate agent-

    (1) Every real estate agent required to register as per sub-section (2) of section 9 of the Act shall make an application in writing to the Regulatory Authority as per Form ‘G’
    along with the following documents, in both hard copy and soft copy, namely:–
    (a) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.);
    (b) particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;
    (c) photograph of the real estate agent if it is an individual and the photograph of the partners, directors etc. in case of other entities;
    (d) authenticated copy of the PAN card;
    (e) income tax returns filed under the provisions of the Income Tax Act, 1961 for three financial years preceding the application or in case the applicant was exempted from filing returns under the provisions of the Income Tax Act, 1961 for any of the three year preceding the application, a declaration to such effect;
    (f) authenticated copy of the address proof of the place of business;
    (g) copy of the GST registration, if any, under the relevant Act and
    (h) such other information and documents, as may be specified by regulations.
    (2) The real estate agent shall pay a registration fee at the time of application for registration of a sum of rupees twenty-five thousand in case of the applicant being an individual or rupees two lakh fifty thousand in case of the applicant being anyone other than an individual payable either by way of a demand draft drawn on any scheduled bank or by electronic fund transfer system or in such other manner as the Authority may order.

    Grant of Registration to the real estate agent-

    (1) Upon the registration of a real estate agent as per section
    9, the Regulatory Authority shall issue a registration certificate with a registration number as per Form ‘H’ to the real
    estate agent.

    (2) In case of rejection of the application for registration as per section 9, the Regulatory Authority shall inform the applicant as per Form ‘I’.
    (3) The registration granted under this rule shall be valid for a period five years.

    Renewal of registration of real estate agent-

    (1) The registration granted under section 9, may be renewed as per section 6, on an application made by the real estate agent in Form ‘J’ which shall not be less than three months prior to the expiry of the registration granted.
    (2) The application for renewal of registration shall be accompanied with a demand draft drawn on any scheduled bank, for a sum of rupees five thousand in case of the real estate agent being an individual or rupees fifty thousand in case of the real estate agent being anyone other than an individual payable either by way of a demand draft drawn on any scheduled bank or by electronic fund transfer system or in such other manner as the Authority may order.
    (3) The real estate agent shall also submit all the updated documents set out in clauses (a) to (h) of rule 10 at the time of application for renewal.
    (4) In case of renewal of registration, the Regulatory Authority shall inform the real estate agent about the same as per Form ‘K’ and in case of rejection of the application for renewal of registration the Regulatory Authority,
    shall inform the real estate agent as per Form ‘I’:
    Provided Before rejection of any application for registration or renewal of registration, as the case may be, the Authority shall give reasonable opportunity of hearing and rectification of defects, if that be the reason of rejection, within such time as may deem fit and proper.
    (5) The renewal of registration of the real estate agent shall be granted provided that the real estate agent remains in compliance with the provisions of the Act and the rules and regulations made thereunder.
    (6) The renewal granted under this rule shall be valid for a period five years.
    (7) The Authority, for reasons to be recorded, may allow such modification, alteration, rectification or amendment of documents, related to registration, as may deem fit and proper.

    Revocation of registration of real estate agent-

    The Regulatory Authority may, due to reasons specified and subject to the provisions contained, 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 as per Form ‘I’.

    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.

    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 fulfill their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.

    Details to be published on the website-

    (1) For the purpose of clause (b) of section 34, the Regulatory Authority shall ensure that the following information shall be made available on its website in respect of each project
    registered:
    (a) Details of the promoter including the following:
    (i) Developer or Group Profile:
    (A) a brief detail of his enterprise including its name, registered address, type of enterprise
    (proprietorship, limited liability partnership, society, partnership, company, competent authority) and the particulars of registration and in case of a newly incorporated or registered entity, brief details of the of the parent entity including its name, registered address, type of enterprise
    (proprietorship, societies, limited liability partnership, partnership, companies, competent authority);

    Return of amount and compensation-

    (B) background of promoter- educational qualification, work experience and in case of a newly incorporated or registered entity work experience of the parent entity.
    (ii) Track record of the promoter:
    (A) number of years of experience of the promoter or parent entity in real estate construction in the
    state/union territory;
    (B) number of years of experience of the promoter or parent entity in real estate construction in other
    states or union territories;
    (C) number of completed projects and area constructed till date;
    (D) number of ongoing projects and proposed area to be constructed;
    (E) details and profile of ongoing and completed projects for the last 5 years as provided under clause
    (b) of sub-section (2) of section 4.
    (iii) Litigations: Details of past or ongoing litigations in relation to the real estate project.
    (iv) Website:
    (A) web link to the developer or group website;
    (B) web link to the project website.
    (b) Details of the real estate project including the following:-
    (i) Compliance and registration:
    (A) authenticated copy of the approvals and commencement certificate from the competent authority as provided under clause (c) of sub-section (2) of section 4;
    (B) the sanctioned plan, layout plan and specifications of the project or the phase thereof, and the whole project as sanctioned by the competent authority as provided under clause (d) of subsection
    (2) of section 4;
    (C) details of the registration granted by the Authority.
    (ii) Apartment and garage related details:
    (A) Details of the number, type and carpet area of apartments for sale in the project as provided under clause (h) of sub-section (2) of section 4;
    (B) Details of the number and areas of garage for sale in the project as provided under clause (i) of
    sub-section (2) of section 4;
    (C) Details of the number of open parking areas available in the real estate project.
    (iii) Registered Agents: Names and addresses of real estate agents as provided under clause (j) of subsection
    (2) of section 4.
    (iv) Consultants: Details, including name and addresses, of contractors, architect and structural engineers and other persons concerned with the development of the real estate project as provided under clause
    (k) of sub-section (2) of section 4, such as:–
    (A) Name and address of the firm
    (B) Names of promoters
    (C) Year of establishment
    (D) Names and profile of key projects completed
    (v) Location: the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project as provided under clause (f) of sub- section (2) of section 4.

    (vi) Development Plan:
    (A) The plan of development works to be executed in the proposed project and the proposed facilities
    to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc. as provided under clause (e) of sub-section (2) of section
    4;
    (B) Amenities: a detailed note explaining the salient features of the proposed project including access to the project, design for electric supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage water, any other facilities and amenities or public health services proposed to be provided in the project;
    (C) Gantt Charts and Project schedule: the plan of development works to be executed in the project
    and the details of the proposed facilities to be provided thereof.
    (c) Financial details of the promoter:
    (i) authenticated copy of the PAN card of the promoter
    (ii) audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years and in case of a newly incorporated or registered entity annual returns of the last 3 financial years of the parent entity.
    (d) The promoter shall upload the following updates on the webpage for the project, within seven days from the expiry of each quarter:
    (i) List of number and types of apartments or plots, as the case may be booked;
    (ii) List of number of garages booked;
    (iii) Status of the project:
    (A) Status of construction of each building with photographs;
    (B) Status of construction of each floor with photographs;
    (C) Status of construction of internal infrastructure and common areas with photographs.
    (iv) Status of approvals:
    (A) Approval received;
    (B) Approvals applied and expected date of receipt;
    (C) Approvals to be applied and date planned for application;
    (D) Modifications, amendment or revisions, if any, issued by the competent authority with regard to
    any license, permit or approval for the project.
    (e) The promoters shall also who upload the following documents:
    (A) No Objection certificates;
    (B) Consent to Establish and Operate;
    (C) Environmental Clearance;
    (D) Fire NOC;
    (E) Permission from Water and Sewerage department;
    (F) Height clearance from Airport Authority of India;
    (G) Such other approvals as may be required and obtained for the project.

    (H) Authenticated copy of the license or land use permission, building sanction plan and the
    commencement certificate from the competent authority obtained in accordance with the laws
    applicable for the project, and where the project is proposed to be developed in phases, an
    authenticated copy of the license or land use permission, building sanction plan and the
    commencement certificate for each of such phases;
    (I) Authenticated copy of the site plan or site map showing the location of the project land along with
    land details namely name of revenue estates, survey numbers, cadastral numbers, khasra numbers and area of each parcels of the project land;
    (J) Authenticated copy of the layout plan of the project or the phase thereof, and also the layout plan of the whole project as sanctioned by the competent authority;
    (K) Floor plans for each tower and block including clubhouse, amenities and common areas;
    (L) Any other permission, approval, or license that may be required under applicable law;
    (M) Authenticated copy of occupancy certificate and completion certificate including its application.
    (N) Legal Documents: Details including the proforma of the application form, allotment letter, agreement
    for sale and the conveyance deed;
    (O) Authenticated copy of the legal title deed reflecting the title of the promoter to the land on which development is proposed to be developed along with legally valid documents with authentication of such title, if such land is owned by another person;
    (P) Land Title Search Report from an advocate having experience of at least ten years in land related matters;
    (Q) Details of encumbrances on the land on which development is proposed including any rights, title,
    interest or name of any party in or over such land along with details or no encumbrance certificate
    from an advocate having experience of at-least ten years in land related matters;
    (R) where the promoter is not the owner of the land on which development is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development
    agreement, joint development agreement or any other agreement, as the case may be, entered into
    between the promoter and such owner and copies of title and other documents reflecting the title
    of such owner on the land proposed to be developed;
    (S) Sanction letters:
    (i) From banks for construction finance;
    (ii) From banks for home loan tie-ups.
    (T) Contact details: Contact address, contact numbers and email-ids of the promoter and other officials
    handling the project.
    (U) Such other documents or information as may be specified by the Act or the rules and regulations
    made thereunder.
    (2) For the purpose of clause (c) of section 34, the Regulatory Authority shall maintain a database and ensure that
    the information specified therein shall be made available on its website in respect of each project revoked or penalised, as the case may be.
    (3) For the purpose of clause (d) of section 34, the Regulatory Authority shall ensure that the following information shall be made available on its website in respect of each real estate agent registered with it or whose application for
    registration has been rejected or revoked:–
    (a) For real estate agents registered with the Authority:
    (i) registration number and the period of validity of the registration of the real estate agent with the
    Regulatory Authority;

    (ii) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.);
    (iii) particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;
    (iv) authenticated copy of the PAN card; GST registration, if any;
    (v) authenticated copy of the address proof of the place of business and the contact address, contact
    numbers and email-ids of the real estate agent and other officials responsible.
    (b) In case of applicants whose application for registration as a real estate agent have been rejected or real estate agents whose registration has been revoked by the Regulatory Authority:
    (i) registration number and the period of validity of the registration of the real estate agent with the
    Regulatory Authority;
    (ii) brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies etc.;
    (c) Such other documents or information as may be specified by the Act or the rules and regulations made thereunder.
    (4) The Authority shall maintain a back-up, in digital form, of the contents of its website in terms of this rule, and ensure that such back-up is updated on the last day of each month.
    (5) On application, the Authority may allow modification, alteration, rectification or amendment of documents which are already published in the web-site, for reasons to be recorded and such modified, altered, rectified
    or amended documents shall be published in the website.

    Rate of interest payable by the promoter and the allottee-

    The rate of interest payable under section 12,
    section 14, section 18 and section 19, as the case may be, shall be the prime lending rate of State Bank of India plus two percent.

    Timelines for refund-

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

    Manner of selection of chairperson and members of the Authority-

    (1) The Chairperson or a Member in the
    Regulatory Authority shall be appointed by the State Government making a reference to the Selection Committee.
    (2) The Selection Committee may, for the purpose of selection of the Chairperson or Member of the Regulatory Authority, follow such procedure as deemed fit including the appointment of a search committee consisting
    of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Chairperson or
    Member of the Regulatory Authority.
    (3) The Selection Committee shall select two persons for each vacancy and recommend the same to the appropriate Government.
    (4) The Selection Committee shall make its recommendation to the State Government within a period of sixty days from the date of reference made under sub- rule (1).

    (5) The State Government shall within thirty days from the date of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Chairperson or Member, as the case may be.

    Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Regulatory Authority-

    (1) The salaries and allowances payable to the Chairperson and Members of the Regulatory
    Authority shall be as follows:-
    (a) the Chairperson shall be paid a consolidated monthly salary equal to last pay drawn by him minus the amount of pension draws by him and he shall not be entitled to any allowance relating to house and vehicle;
    (b) the whole-time Member shall be paid a monthly salary equal to last pay drawn by him minus the amount of pension draws by him and he shall not be entitled to any allowance relating to house and vehicle;
    (c) every whole-time member, who is or has not been a servant of the Government, shall be paid such consolidated monthly salary as per notification issued by the State Government from time to time;
    (2) The Chairperson and every other Member shall be entitled to thirty days of earned leave for every year of service.
    (3) The other allowances and conditions of service of the Chairperson and the whole-time Member shall be as per notification issued by the State Government from time to time.

    Administrative powers of the Chairperson of the Regulatory Authority-

    The administrative powers of the
    Chairperson of the Regulatory Authority shall include making decisions with regard to the following:-
    (a) all matters pertaining to staff strength, wages and salaries structures, emoluments, perquisites and personnel policies;
    (b) all matters pertaining to creation and abolition of posts;
    (c) all matter pertaining to appointments, promotions and confirmation for all posts;
    (d) acceptance of resignations by any Member, officer or employee;
    (e) officiating against sanctioned posts;
    (f) authorization of tours to be undertaken by any Member, officer or employee within India and allowance to be granted for the same with the approval of the State Government;
    (g) all matters in relation to reimbursement of medical claims;
    (h) all matters in relation to grant or rejection of leaves.
    (i) permission for hiring of vehicles for official use;
    (j) nominations for attending seminars, conferences and training courses in India or abroad ;
    (k) permission for invitation of guests to carry out training course;
    (l) all matters pertaining to staff welfare expenses;
    (m) sanction scrapping or write-off of capital assets which due to normal wear and tear have become unserviceable
    or are considered beyond economical repairs;
    (n) all matters relating to disciplinary action against any Member, officer or employee.

    Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Regulatory Authority-

    (1) The salary and allowances payable and other terms and conditions of service of the
    officers and other employees of the Regulatory Authority shall be regulated in accordance with such rules and regulations applicable to the officers and employees of the State Government and drawing the corresponding scale of pay.

    Functioning of the Authority-

    (1) The office of the Regulatory Authority shall be located at such place as may be determined by the State Government by notification.
    (2) The working days and office hours of the Regulatory Authority shall be the same as that of the State Government.

    (3) The official common seal and emblem of the Regulatory Authority shall be such as the State Government may
    specify.

    Additional powers of the Authority-

    (1) In addition to the powers specified in sub- section (2) of section 35, the
    Regulatory Authority shall have the following additional powers:
    (a) require the promoter, allottee or real estate agent to furnish in writing such information or explanation or
    produce such documents which are necessary for the purposes of the Act within such reasonable time, as it
    may deem necessary;
    (b) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office.
    (2) The Regulatory Authority may take assistance of such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture or engineering or from any other discipline as it deems necessary, to assist the Regulatory Authority in the conduct of any inquiry or proceedings
    before it.
    (3) On receipt of the application in prescribed form and complete in all respects under section 4 read with rule 3 for registration of a project, the Authority may review the documents submitted along with the application under rule
    3 and enquire, inter-alia, into the following matters and such other matters, as it may consider necessary, prior to grant of registration within the time prescribed under sub-section (1) of section 5, namely:–
    (a) the nature of rights and interest of the promoter to the land which is proposed to be developed;
    (b) extent and location of area of land proposed to be developed;
    (c) layout plan of the project;
    (d) financial, technical and managerial capacity of the promoter to develop the project;
    (e) plan regarding the development works to be executed in the project; and
    (f) conformity of development of the project with neighboring areas.
    (4) The Authority may in the interest of the allottees, enquire into the payment of amounts imposed as penalty, interest
    or compensation, paid or payable by the promoter, in order to ensure that the promoter has not:
    (a) withdrawn the said amounts from the account maintained as provided under sub- clause (D) of clause (l) of sub-section (2) of section 4; or
    (b) used any amounts paid to such promoter by the allottees for the that real estate project for which the penalty, interest or compensation is payable, or any other real estate project;
    (c) recovered the amounts paid as penalty, fine or compensation from the allottees of the relevant real estate project or any other real estate project.
    (5) Every complaint shall be heard by the Authority on the basis of affidavit and/or documents relied upon either in presence of the parties or through video conferencing as may deem fit and proper.
    (6) As far as practicable, the Authority shall follow the Indian Evidence Act, in principle.

    (7) In appropriate cases, the Authority shall be guided by the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 as well as the provisions of Order XXII I of the First Schedule to the Code of Civil Procedure, 1908, on hearing a complaint filed under section 31 of the Act.

    Manner of recovery of interest, penalty and compensation-

    Subject to the provisions of sub-section (1) of
    section 40, the amounts due shall be as arrears of land revenue and shall be recovered in the manner provided in the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913).

    Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal-

    (1) Every order made by the Authority, Adjudicating Officer or Appellate Tribunal shall be enforced
    by it in the same manner as if it were a decree of a civil court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 shall, as far as may be, applicable.
    (2) Any such order shall be executed by the Principal Civil Court of the district having jurisdiction to execute the
    same.

    On receiving recommendations from the Central Advisory Council-

    On receiving recommendations from the Central Advisory Council, State Government shall pass such order, directions as may deem fit and proper in accordance with the provisions of the Act and the rules and regulations made
    thereunder.

    Form for filing Appeal and the fees payable-

    (1) Every appeal shall be filed by presentation, accompanied by application fees of rupees one thousand which shall be paid either by way of demand draft on any scheduled bank or by
    way of Indian Postal Order or by electronic fund transfer system.
    (2) Every appeal shall be filed as per Form ‘L’.
    (3) Each memorandum of appeal shall be accompanied by the certified copy of the impugned order appealed against and such of the documents as may be required to support grounds of objection mentioned in the memorandum.
    (4) The appellant shall submit such number of copies of the memorandum of appeal as may be specified.
    (5) When the appeal is presented after the expiry of period of limitation as specified in the Act, the memorandum shall be accompanied by an application.
    (6) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.

    Manner of selection of members of the Appellate Tribunal-

    (1) The Member of the Appellate Tribunal shall be
    appointed by the State Government by making a reference to the Selection Committee.
    (2) The Selection Committee may, for the purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of a search committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names possessing the requisite qualification and experience and suitable for being considered for appointment as Member of the Appellate Tribunal.
    (3) The Selection Committee shall select two persons for each vacancy and recommend the same to the appropriate Government.
    (4) The Selection Committee shall make its recommendation to the State Government within a period of sixty days from the date of reference made under sub- rule (1).
    (5) The State Government shall within thirty days from the date of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Member.

    Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal under section 48-

    (1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows:-
    (a) the Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person, as a Judge of a High Court;
    (b) the whole-time Member shall be paid a monthly salary equivalent to the last drawn salary at the post held by such person, prior to his appointment as a Member of the Appellate Tribunal;
    (c) every full-time Member, who is or has not been a servant of any State Government or Central Government, shall be paid a monthly salary equivalent to the Secretary to the State Government;
    (d) every full-time Member, who is not a servant of the Government, shall be paid a sitting fee for each day he attends the meetings of the Appellate Tribunal as may be determined by the appropriate Government, from time to time.

    (2) The Chairperson and every other Member shall be entitled to thirty days of earned leave for every year of service.
    (3) The other allowances and conditions of service of the Chairperson and the whole- time Member shall be as per notification issued by the State Government from time to time.

    Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal under sections 26 and 49-

    (1) In the event of the State Government becoming aware of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of section 26 in case of a Chairperson or
    Member of the Regulatory Authority or as specified under sub-section (1) of section 49 in case of a Chairperson or Member of the Appellate Tribunal, by receipt of a complaint in this regard or suo motu, as the case may be, the State Government shall make a preliminary scrutiny with respect to such charges against the Chairperson or any Member of the Regulatory Authority or Appellate Tribunal, as the case may be.
    (2) If, on preliminary scrutiny, the State Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before a Judge of the High Court.
    (3) The State Government shall forward to the Judge, copies of-
    (a) the statement of charges against the Chairperson or Member of the Regulatory Authority or Appellate
    Tribunal, as the case may be; and
    (b) material documents relevant to the inquiry together with report of Preliminary inquiry.
    (4) The Chairperson or Member of the Authority or Appellate Tribunal, as the case may be, shall be given a reasonable opportunity of being heard with respect to the charges within the time period as may be specified in this behalf by the Judge.
    (5) Where it is alleged that the Chairperson or Member of the Authority or Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Chairperson or Member of the Appellate Tribunal.
    (6) After the conclusion of the inquiry, the Judge shall submit his report to the State Government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit.
    (7) Thereafter, the State Government shall decide either to remove or not to remove the Chairperson or Member of the Regulatory Authority or Appellate Tribunal, as the case may be, after second hearing of the concerned
    on the findings.

    Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal-

    The condition of service of the officers and employees of the Appellate Tribunal and any
    other category of employee in the matter of Pay, allowances, leave, joining time, age of superannuation and other conditions of service shall be regulated in accordance with such rules etc. as are from time to time applicable for officers and employees of the State Government and drawing the corresponding scale of pay.

    Additional powers of the Appellate Tribunal under section 53-

    In addition to the powers specified in clause
    (g) of sub-section (4) of section 53, the Appellate Tribunal shall exercise the following additional powers:–
    (a) the Appellate Tribunal shall sit at such place or places as the State Government, may, from time to time,
    notify;
    (b) working days and the office hours of the Appellate Tribunal shall be same as that of the State Government;
    (c) the official seal and emblem of the Appellate Authority shall be such as the state Government may specify;
    (d) the Appellate Tribunal may require the promoter, allottee or real estate agent to furnish in writing such
    information or explanation or produce such documents within such reasonable time, as it may deem necessary;
    (e) the Appellate Tribunal may hear any complaint in presence of the parties or through electronic mode;

    (f) the Appellate Tribunal may call upon such experts or consultants from the fields of economics, commerce,
    accountancy, real estate, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.

    Administrative powers of the Chairperson of the Appellate Tribunal under section 54-

    The administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions with regard to the following:-
    (a) all matters pertaining to staff strength, wages and salaries structures, emoluments, perquisites and personnel policies;
    (b) all matters pertaining to creation and abolition of posts in consultation with State Governments;
    (c) all matter pertaining to appointments, promotions and confirmation for all posts;
    (d) acceptance of resignations by any Member, officer or employee;
    (e) officiating against sanctioned posts;
    (f) authorization of tours to be undertaken by any Member, officer or employee: within India and allowance to be
    granted for the same;
    (g) all matters in relation to reimbursement of medical claims;
    (h) all matters in relation to grant or rejection of leaves;
    (i) permission for hiring of vehicles for official use;
    (j) nominations for attending seminars, conferences and training courses in India;
    (k) permission for invitation of guests to carry out training course;
    (l) all matters pertaining to staff welfare expenses;
    (m) sanction, scrapping or write-off of capital assets, in consultation with the State Government, which due to normal wear and tear have become unserviceable or are considered beyond economical repairs;
    (n) all matters relating to disciplinary action against any Member, officer or employee.

    Terms and conditions and the fine payable for compounding of offence under section 70-

    (1) The court shall, for the purposes of compounding any offence specified under section 70, accept a sum of money as specified in
    the Table below:

    Offence Money to be paid for compounding the offence
    Imprisonment under sub section (2) of section 59 10% of the estimated cost of the real estate project

     

    Imprisonment under section 64 10% of the estimated cost of the real estate project
    Imprisonment under section 66 10% of the estimated cost of the plot, apartment or building, as the

    case may be, of the real estate project, for which the sale or purchase

    has been facilitated

    Imprisonment under section 68 10% of the estimated cost of the plot, apartment or building, as the

    case may be.

    (2) On payment of the sum of money in accordance with sub-rule (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such person in any court.
    (3) The acceptance of the sum of money for compounding an offence, by the Court shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973.

    Manner of filing a complaint with the Regulatory Authority and the manner of holding an inquiry by the Regulatory Authority-

    (1) Any aggrieved person may file a complaint with the Regulatory Authority for any violation
    under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the Adjudicating Officer, in Form ‘M’ which shall be accompanied by a fee of rupees one thousand payable either by way of a demand
    draft drawn on any scheduled bank or by electronic fund transfer system or in such other manner as the Authority may order.
    (2) The Regulatory Authority shall, for the purposes of deciding any complaint as specified under sub-rule (1), follow summary procedure for inquiry in the following manner:-
    (a) Upon receipt of the complaint the Regulatory Authority shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent;
    (b) the notice shall specify a date and time for further hearing;
    (c) on the date so fixed, the Regulatory Authority shall explain to the respondent allegations made against him. If the respondent:
    (i) pleads guilty, the Regulatory Authority shall record the plea, and pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations, made thereunder;
    (ii) does not plead guilty and contests the complaint the Regulatory Authority shall demand an explanation from the respondent;
    (d) in case the Regulatory Authority is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint;
    (e) in case the Regulatory Authority is satisfied on the basis of the submissions made that the there is need for further hearing into the complaint it may order production of documents or other evidence on a date and time fixed by it;
    (f) the Regulatory Authority shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions;
    (g) on the date so fixed, the Regulatory Authority upon consideration of the evidence produced before it and other records and submissions is satisfied that –
    (i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder it shall pass such orders including imposition of penalty as it thinks fit in accordance with the provisions of the Act or the rules and regulations made thereunder;
    (ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations
    made thereunder the Regulatory Authority may, by order in writing, dismiss the complaint, with
    reasons to be recorded in writing.
    (h) if any person fails, neglects or refuses to appear, or present himself as required before the Regulatory Authority, the Regulatory Authority shall have the power to proceed with the inquiry in the absence of such person or persons after recording the reasons for doing so.

    Manner of filing a complaint with the Adjudicating Officer and the manner of holding an inquiry by the Adjudicating Officer-

    (1) Any aggrieved person may file a complaint with the adjudicating officer for interest and
    compensation as provided under sections 12, 14, 18 and 19 in Form N.
    (2) Every application shall be accompanied by fees of rupees one thousand payable either by way of a demand draft drawn on any scheduled bank or by electronic fund transfer system or in such other manner as the Authority may order.
    (3) On receiving the complaint, the Adjudicating Officer shall cause to be served upon the respondent or in case of multiple respondents, on each of them copy or copies of the complaint along with annexure, if any along with a notice specifying the date and time for hearing and submission of written reply of the respondent or respondents, as the case may be. Such date shall also be known to the complainant.

    (4) The Adjudicating Officer shall give reasonable opportunity to the respondent or each of respondents, to submit written reply.
    (5) The Adjudicating Officer shall for the purposes of adjudging interest and compensation follow summary procedure for inquiry in the following manner, namely:–
    (i) The Adjudicating Officer shall allow reasonable time, not more than thirty days, to the respondent or the respondents, as the case may be, to submit his written version against the application. If the respondent
    admits the allegation, the Adjudicating Officer shall pass necessary order in this regard. If the respondent denies allegations, then the Adjudicating Officer shall proceed with the matter.
    (ii) In case the Adjudicating Officer is satisfied on the basis of the submissions made that the complaint does not require any further inquiry it may dismiss the complaint.
    (iii) The Adjudicating Officer shall have power to dismiss a complaint for non prosecution or proceed exparts in appropriate case.
    (iv) The Adjudicating Officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:- (a) the summoning and enforcing the attendance of any respondent or witness and examining the witness on oath; (b) requiring the discovery and production of any document or other material object as evidence; (c) receiving of evidence on affidavits; (d) requiring expert evidence (e) issuing of commissions for the examination of any witness, or document;
    (v) The Adjudicating Officer shall be guided by the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 as well as the provisions of Order XXII I of the First Schedule to the Code of Civil Procedure, 1908 in appropriate case,
    (vi) On conclusion of proceeding, the Adjudicating Officer shall pass necessary order in accordance with the Act, Rule and regulation.
    (vii) In all proceedings before the Adjudicating Officer, Indian Evidence Act shall not be strictly applicable but the principles shall be followed along with the principles of natural justice.
    (viii) Every complaint shall be heard by the Adjudicating Officer on the basis of affidavit and/or documents relied upon.
    (ix) The Adjudicating Officer may hear any complaint in presence of the parties or through video conferencing.
    (6) Every proceeding before the Adjudicating Officer shall be deemed to be judicial proceedings within the meaning of sections 193, 219, 228 for the purpose of section 196 of the Indian Penal Code and the Adjudicating Authority shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
    (7) The Authority shall sit in such places as the State Government from time to time notify.

    Report and Returns under section 78-

    The Regulatory Authority shall prepare its annual report as provided in section 78 as per Form ‘O’.