THE HIMACHAL PRADESH APARTMENT AND PROPERTY REGULATION ACT, 2005 (Act No.

21 of 2005)1 (Received the assent of the Governor on 1st September, 2005 and was published in Hindi and English in R.H.P. Extra., dated 2nd September, 2005 at pages 2805-2882) AN ACT to regulate the promotion of the construction, sale, transfer and management of apartments on ownership basis, to regulate colonies and property transactions and to provide for registration of promoters and estate agents and enforcement of obligations on promoters and estate agents and for matters connected therewith or incidental thereto. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-sixth Year of the Republic of India, as follows:CHAPTER I PRELIMINARY 1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Apartment and Property Regulation Act, 2005. (2) It shall be deemed to have come into force on the 19th day of July, 2005. 2 Definitions.- In this Act, unless the context otherwise requires, (a) advertisement means any board, device, letter, model, notice, placard, sign or representation in any manner whatsoever, wholly or in part, intended for being announced or displayed so as to make it generally known; allottee in relation to an apartment or plot, means the person to whom such apartment or plot has been allotted, sold or otherwise transferred by the promoter; apartment whether called block, chamber, dwelling unit, flat, lot, premises, suite, tenement, unit or by any other name, means a separate and self-contained part of any property, including one or more rooms or enclosed spaces, located on one or more floors, or, any part or parts thereof, in a building, or in a plot of land, used or intended to be used for residence, office, shop, showroom, or godown or for carrying on any business, industry, occupation, profession or trade, or for any other type of independent use ancillary to the purpose specified above and with a direct exit to a public street, road or highway or to a common area leading to such street, road, or highway, and includes any garage or room whether or not adjacent to the building in which such apartment is located, provided by the promoter for the use by the allottee for parking any vehicle or, as the case may be, for the residence of any domestic servant employed in such apartment;

(b)

(c)

Explanation-I.- If a basement, cellar, garage, room, shop or storage space is sold separately from any apartment, it shall be treated as an independent apartment and not as part of any other apartment or of the common areas and facilities; Explanation-II.- Notwithstanding that provision is made for sanitary, washing, bathing or other conveniences as common to two or more apartments, the apartments shall be deemed to be separate and self contained;

Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P.Extra., dated 10.8. 2005. P. 2407-2445.

(d) (e)

apartment number means the number, letter or combination thereof, designating an apartment; apartment owner means the person owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the conveyance deed of apartment.

Explanation. - A member of a Co-operative Housing Society of the tenant copartnership type, or an allottee under a hire-purchase agreement, shall be deemed to be an owner, entitled to membership of the association; (f) association means an association consisting of all the apartment owners in a building acting as a group in accordance with the bye-laws made by the association under the Himachal Pradesh Apartment Ownership Act, 1978 (41 of 1978); (g) building means a building constructed on any land, containing eight or more apartments, or two or more buildings with a total of eight or more apartments, or any existing building converted into eight or more apartments; building regulations means the rules or regulations or bye-laws made under any law for the time being in force for the erection or re-erection of buildings or parts thereof and for the purpose of this Act includes Zoning Regulations framed under any law for the time being in force; colony means an area of land not less than one thousand square metres divided or proposed to be divided into plots for residential, commercial or industrial purpose, but does not include any area of abadi-deh of a village falling inside its Lal Lakir or phirny or any area of land(I) divided or proposed to be divided as a result of family partition, inheritance, succession or partition of just holdings not with the motive of earning profit:

(h)

(i)

Provided that such a partition is certified by Assistant Collector First Grade or Second Grade, as the case may be ; and (II) earmarked by the owner of a factory for setting up a housing colony for the labourers or the employees working in the factory: Provided that there is no profit motive; (j) common areas and facilities, in relation to a building, means all parts of the building or the land on which it is located and all easements, rights and appurtenances belonging to the land or the building, which are neither in the exclusive possession of an apartment owner in terms of his conveyance deed of apartment, nor are handed over or intended to be handed over to the local authority or other public service agency and shall include the limited common areas and facilities; (k) common expenses means, (I) all sums lawfully assessed against the apartment owners by the association for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities; (II) expenses, declared by the provisions of this Act or by the bye-laws made by the association under the Himachal Pradesh Apartment Ownership Act, 1978(41 of 1978), or agreed upon by the association, as common expenses; (III) the Government and municipal taxes, including groundrent and property tax, which is not assessed separately for each apartment;

(l) competent authority means any person or authority appointed by the State Government, by notification in the Official Gazette, to exercise and perform all or any of the powers and functions of the competent authority under this Act and the rules made thereunder; (m) development charges means the cost of external development works and internal development works; (n) development works means internal development works and external development works; (o) estate agent means a person who negotiates or acts on behalf of one person in a transaction of transfer of his property, whether by way of sale, lease, licence, mortgage or otherwise, with another person, and receives remuneration for his services in the form of commission, and includes a person who introduces to each other for negotiation such persons or their agents; Explanation.- The person who acts as described in clause (o) shall be deemed to be an estate agent, even if he styles himself as a land or housing agent, property or real estate consultant, property dealer, realtor, or by any other name; (p) external development works includes roads and road systems, water supply, sewerage and drainage systems, electric supply or any other work which may have to be executed in the periphery of, or outside; a colony for its benefit; (q) Government or State Government means the Government of Himachal Pradesh; (r) Internal development works means roads, foot-paths, water supply, sewers, drains, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water, or any other work in a colony necessary for its proper development; (s) joint family means a Hindu undivided family and in the case of other person, a group the members of which are by custom joint in possession or residence; (t) land means a portion of the surface of the earth, comprising the ground or soil and everything under it or over it, and things which are attached to the earth, such as buildings, structures and trees, things which are permanently fastened to the earth or things attached to the earth, easements, rights and appurtenances belonging to them and benefits arising out of them and includes the sites of villages, towns and cities; (u) limited common areas and facilities means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or transfer of any apartment, as reserved for use of certain apartments to the exclusion of the other apartments; (v) local authority means a Municipal Corporation or a Municipal Council or a Nagar Panchayat constituted under section 3 of the Himachal Pradesh Municipal Act, 1994 or Cantonment Board or any other authority notified by the State Government for the purposes of this Act; (w) person includes a company, firm, co-operative society, joint family and an incorporated body of persons; (x) prescribed means prescribed by rules made under this Act; (y) Promoter means the person,(I) who constructs or causes to be constructed a building consisting of apartments, or, converts an existing building or a part thereof into

apartments, for the purpose of selling all or some of the apartments to other persons, and includes his assigns; or (II) who develops land into a colony, whether or not he also constructs structures on any of the plots, for the purpose of selling to other persons, all or some of the plots, whether open or with structures thereon; and (III) where the person who constructs or converts a building or develops a colony and the person who sells apartments or plots are different persons, the term includes both of them; Explanation-I.- Any development authority and any other public body so notified by the State Government are deemed to be promoter in respect of allottees of,(i) building constructed by them on land owned by them or placed at their disposal by the State Government; or (ii) plots owned by them or placed at their disposal by the State Government; Explanation-II. - A person who acts as described in sub-clause (iii) of clause (y) shall be deemed to be a promoter, even if,(i) he styles himself as a builder, colonizer, contractor, developer, promoter or by any other name; or estate

(ii) he claims to be acting as the holder of a power of attorney from the owner of the land on which the building is constructed or colony is developed; (z) property means the land, the building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and includes every type of right and interest in land which a person can have to the exclusion of other persons, such as possession, use and enjoyment free from interference, right of disposition, franchises and hereditament; and (za) section means a section of this Act. CHAPTER II REGULATION OF PROMOTION, CONSTRUCTION, SALE, TRANSFER AND MANAGEMENT OF APARTMENTS, PLOTS AND PROPERTIES 3. General liabilities of promoter.-(1) Notwithstanding anything contained in any other law for the time being in force, a promoter, who develops a colony or who constructs or intends to construct a building or 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 Assistant Collector First Grade or Second Grade, as the case may be, after he has examined the transactions concerning it in the previous ten years; 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 buildings has been obtained: Provided that the promoter may be issued letter of intent on the basis of the consent of the landowner(s) but the licence shall only be granted when the promoter acquires the absolute and clear title of the land in his own name;

(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; (c) make available for 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 competent authority in the case of 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 system, 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 the 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) 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 in respects of the design and the materials 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 constructions 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 oragreed to be charged therefor, and the terms and conditions, if any, on which the plots or apartments are taken or agreed to be taken; (i) 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 person 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 local 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 as may be approved by mutual agreement;

(m) make a full and true disclosure of such other information and documents in such manner as may be prescribed; (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. 4. Issue of advertisement or prospectus.- (1) No promoter shall issue an advertisement or prospectus, offering for sale any apartment or plot or inviting persons who intend to take such apartments or plots to make advances or deposits, unless,(a) the promoter holds a certificate of registration under sub-section (2) of section 19 and it is in force and has not been suspended or revoked and its number is mentioned in the advertisement or prospectus; (b) a copy of the advertisement or prospectus is filed in the office of the competent authority before its issue or publication; and (c) the promoter holds a valid licence under sub-section (3) of section 5 of this Act for the colony or the building, as the case may be. (2) The advertisement or prospectus issued under sub-section (1) shall disclose the area of the apartments or plots offered for sale, title to the land, extent and situation of land, the price payable and in the case of colonies, also layout of the colony, the plan regarding the development works to be executed in a colony and the number and the validity of the licence issued by the competent authority under sub-section (3) of section 5, and such other matters as may be prescribed. (3) The advertisement or prospectus shall be available for inspection at the office of the promoter and at the site where the building is being constructed or on the land being developed into a colony, along with the documents specified in this section and in section 3. (4) When any person makes an advance or deposits on the faith of the advertisement or prospectus, and sustains any loss or damage by reason of any untrue statement included therein, he shall be compensated by,(a) the promoter, if an individual; (b) every partner of the firm, if the promoter is a firm; (c) every person who is a director at the time of issue of the advertisement or prospectus, if the promoter is a company: Provided, however, that such person shall not be liable if he proves that(a) he withdrew his consent to become a director before the issue of the advertisement or prospectus; or

(b) the advertisement or prospectus was issued without his knowledge or consent, and on becoming aware of its issue, he forthwith gave reasonable public notice that it was issued without his knowledge or consent; or (c) after the issue of the advertisement or prospectus and before any agreement was entered into with buyers of plots or apartments, he, on becoming aware of any untrue statement therein, withdrew his consent and gave reasonable public notice of the withdrawal and of the reasons therefor. (5) When any advertisement or prospectus includes any untrue statement, every person who authorised its issue, shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine which shall not

be less than five thousand rupees but which may extend to fifty thousand rupees, or, with both , unless he proves that the statement was immaterial or that he had reason to believe and did upto the time of issue of the advertisement or prospectus believe that the statement was true. 5. Development of land into colony and construction of building.- (1) Any promoter, who desires to develop a land into a colony or intends to construct a building, shall make an application in the prescribed form alongwith the prescribed information and with the prescribed fee to the competent authority for grant of permission for the same and separate permission shall be required for each colony or building. (2) On receipt of the application under sub-section (1), the competent authority, after making enquiry into the title to the land, extent and situation of the land, capacity of the promoter to develop the colony, layout of the colony, conformity of the development of the colony with the neighbouring areas, plan of development works to be executed in the colony and such other matters as it may deem fit, and after affording the applicant an opportunity of being heard and also taking into consideration the opinion of the prescribed authority, shall pass an order, in writing, recording reasons either granting or refusing to grant such permission. (3) Where an order is passed granting permission under sub-section (2), the competent authority shall grant a licence in the prescribed form, after the promoter has furnished a bank guarantee or security by demand draft or fixed deposit equal to twenty five per cent of the estimated cost of the development works certified by the competent authority and the promoter has undertaken to enter into an agreement in the prescribed form for carrying out completion of development works in accordance with the conditions of the licence so granted. (4) The licence granted under sub-section (3) shall be valid for a period of three years and may be renewed thereafter for a period of two years at a time on payment of prescribed fee. (5) The promoter shall enter into agreement undertaking to pay development charges for development works to be carried out by the Government or a local authority. (6) The competent authority shall determine the development charges and the time and the manner in which such charges referred to in sub-section (5) shall be paid to the Government or the local authority, as the case may be. (7) The promoter shall construct or get constructed at his own cost schools, hospitals, community centres and other community buildings, on the land set apart for this purpose or transfer such land to any local authority or institution or person, upon payment of actual cost of developed land, as may be fixed by the competent authority, on such terms and conditions, as it may deem fit: Provided that if having regard to the amenities which exists or are proposed to be provided in the locality, the competent authority is of the opinion that it is not necessary to provide one or more of such amenities, it may exempt the promoter from providing such amenities, either wholly or in part, on such terms and conditions as it may deem fit. (8) The promoter shall, where the total area of the colony is forty bighas or more, reserve at least five percent of number of residential plots and apartments, for being sold or leased to such persons belonging to such economically weaker sections of society, in such manner and on such terms and conditions, as may be prescribed. (9) The promoter shall carry out all directions issued by the competent authority for ensuring due compliance of the execution of the layout and the development works therein and to permit the competent authority or any officer authorised by it to inspect such execution.

(10) The promoter shall be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services until the date of transfer thereof, free of cost to the local authority or association. (11) In the event of the promoter contravening any provisions of this Act, or rules made thereunder or any conditions of the licence granted under sub-section (3), the competent authority may, after giving an opportunity of being heard, cancel the licence and enforce the bank guarantee furnished by the promoter under sub-section(3). (12) When a licence is cancelled under sub-section (11), the competent authority shall cause to be carried out the development works at the risk of the promoter, and after adjusting the amount received as a result of enforcement of bank guarantee or security, recover such charges as the competent authority may have to incur on the said development works from the promoter and the allottees in the manner prescribed as arrears of land revenue. (13) The liability of the promoter for payment of development charges referred to in sub-section (12) shall not exceed the amount the promoter has actually recovered from the allottees less the amount actually spent on such development works as assessed by the competent authority, and the liability of the allottees shall not exceed the amount which they would have to pay to the promoter towards the expenses of the said development works under the terms of the agreement of sale or transfer entered into between them: Provided that the competent authority may, recover from the allottees, an amount in excess of what may be admissible under the aforesaid terms of agreement of sale or transfer for the completion of development works in their entirety. (14) Notwithstanding anything contained in this Act, after development works have been carried out under sub-section (12), the competent authority may, with a view to enabling the promoter, to transfer the possession of, and the title to, the land to the allottees within a specified time, authorise the promoter by an order to receive the balance amount, if any, due from the allottees after adjustment of the amount which may have been recovered by the competent authority towards the cost of the development works and also transfer the possession of, and the title to, the land to the allottees within the specified time and if the promoter fails to do so, the competent authority shall on behalf of the promoter transfer the possession of, and the title to, the land to the allottees on receipt of the amount which was due from them. (15) After meeting the expenses on development works under sub-section(12), the balance amount shall be payable to the promoter. 6. Agreement of sale.-(1) Notwithstanding anything contained in any other law for the time being in force, a promoter who intends to construct or constructs a building or apartments, all or some of which are to be taken or are taken on ownership basis, or who intends to offer for sale plots in a colony, shall, before he accepts any sum of money as advance payment or deposit, which shall not be more than twenty five per cent of the sale price, enter into a written agreement for sale with each of such persons who are to take or have taken such apartments, or plots as the case may be, and the agreement shall be in the prescribed form together with prescribed documents : Provided that, if only a refundable application fee is collected from the applicant before draw of lots for allotment, such agreement shall be required only after such draw of lots. (2) The promoter shall not cancel unilaterally the agreement of sale entered into under sub-section (1) and if he has sufficient cause to cancel it, he shall give due notice to the other parties to the agreement and tender a refund of the full amount collected together with interest at the rate of twelve percent per annum. (3) The agreement to be prescribed under sub-section (1) shall contain inter alia the particulars as hereunder specified in clause (a) in respect of apartments and as specified in

clause (b) in respect of plots in a colony and to such agreement shall be attached the copies of the documents specified in clause (c),(a) the particulars in the case of apartment,(i) if the building is to be constructed, the liability of the promoter to construct the building according to the plans and specifications approved by the authority which is required so to do under any law for the time being in force; the date by which the possession of the apartment is to be handed over to the allottee; the area of the apartment including the area of the balconies which should be shown separately; the price of the apartment including the proportionate price of the common areas and facilities which should be shown separately, to be paid by the allottee of the apartment and the intervals at which the instalments thereof may be paid; the precise nature of the association to be constituted of the persons who have taken or are to take the apartments; the nature, extent and description of the common areas and facilities and the limited common areas and facilities, if any; the percentage of undivided interest in the common areas and facilities and in the limited common areas and facilities, if any, appertaining to the apartment agreed to be sold, such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of all the apartments;

(ii) (iii) (iv)

(v) (vi) (vii)

(viii) the statement of the use for which the apartment is intended and restrictions on its use, if any; (b) particulars in the case of plots in a colony,(i) (ii) (iii) the date by which the possession of the plot is to be handed over to allottee; the area and price of the plot; and the statement of the use for which the plot is intended and restriction on its use, if any; the certificate by an Assistant Collector First Grade or Second Grade, as the case may be, referred to in clause (a) of sub-section (2) of section 3; certified copy from any relevant revenue record showing the nature of the title of the promoter to the plot or the land on which the building or apartment is constructed or is to be constructed; and the plans and specifications of the apartment as approved by the authority which is required so to do under any law for the time being in force.

(c) the copies of documents to be attached with the agreement,(i) (ii)

(iii)

7. Maintenance of accounts by promoters.-The promoter shall maintain a separate account in any scheduled bank of sums taken by him from persons intending to take or who have taken apartments or plots, as advance, towards sale price or for any other purpose, or, deposit, including any sum so taken towards the share capital for the formation of a cooperative society or a company, or towards the charges (including ground rent, if any, municipal or other local taxes, charges for water or electricity, revenue assessment, interest on

mortgages or other encumbrances, if any, stamp duty and registration fee for the conveyance); and the promoter shall hold the said moneys for the purposes for which they were given and shall disburse the money for those purposes including for the construction of apartments and, in the case of colonies, for meeting the cost of development works, and shall on demand, in writing, by the competent authority make full and true disclosure of all transactions in respect of that account and shall not utilize except fifteen percent for any other purpose the amounts so collected for a particular purpose. 8. Responsibility for payment of charges till transfer.- A promoter shall, while he is in possession, and, where he collects from persons who have taken or are to take apartments or plots, sums for the payment of charges, even thereafter, pay all charges (including ground rent, municipal or other local taxes, charges for water or electricity, revenue assessment, interest on mortgages or other encumbrances, if any) until he transfers the property to the persons taking over the apartments or plots, where any promoter fails to pay all or any of the charges collected by him from the persons who have taken over or are to take over apartments or plots, before transferring the property to the persons taking over the apartments or plots, the promoter shall continue to be liable, even after the transfer of the property, to pay such charges and penal charges, if any, to the authority or person to whom they are payable and be responsible for any legal proceedings which may be taken therefor by such authority or person. 9. No alterations and rectification of defects.- (1) After the plans and specifications of the building as approved by the authority which is required so to do under any law are disclosed or furnished to the person who agrees to take an apartment, the promoter shall,(i) not make any alterations in the structures described therein in respect of such apartment, without the previous consent of that person; or (ii) not make any other alterations in, or additions to the structure of the building or construct any additional structures, without the previous consent of all the persons who have agreed to take apartments in such building. (2) Subject to the provisions of sub-section (1), the building shall be constructed and completed in accordance with the plans and specifications aforesaid; and if any defect in the building or material used, or if any unauthorized change in the construction is brought to the notice of the promoter within a period of one year from the date of handing over possession, it shall wherever possible be rectified by the promoter without further charge to the persons who have agreed to take the apartments, and in other cases such persons shall be entitled to receive reasonable compensation for such defects or change and where there is a dispute as regards any defect in the building or material used or any unauthorized change in the construction, or as to whether it is reasonably possible for the promoter to rectify any such defect or change, or as regards the amount of reasonable compensation payable in respect of any such defect or change which cannot be or is not rectified by the promoter, the matter shall, on payment of such fee as may be prescribed and within a period of three years from the date of handing over possession, be referred for decision to the competent authority and the competent authority shall, after giving an opportunity of being heard to the parties and after making further enquiry, if any, as it may deem fit, pass order, which shall be final. 10. Refund of amount.- If the promoter,(a) fails to give possession, in accordance with the terms of his agreement, of a plot or an apartment duly completed by the date specified, or any further date agreed to by the parties; or (b) for reasons beyond his control and of his agents, is unable to give possession of the plot or the apartment by the date specified, or the further agreed date, the promoter shall be liable on demand, but without prejudice to any other remedies to which he may be liable, to refund the amounts already received by him in respect of that plot or

apartments with simple interest at the rate of twelve percent per annum from the date the promoter received the sums till the date the amounts and interest thereon is refunded, and the amounts and the interest shall be a charge on the land on which a plot is to be developed, or a building is or was to be constructed and the construction, if any, thereon shall be subject to any prior encumbrances. 11. No mortgage without consent.- (1) No promoter shall, after he executes an agreement to sell any apartment or plot, mortgage or create a charge on such apartment or the land or the plot, without the previous consent of the person who takes or agrees to take such apartment or plot, and if any such mortgage or charge is made or created without such previous consent, it shall not affect the right and interest of such person. (2) If a promoter has executed an agreement of sale of an apartment or a plot with a person and has not yet received from him all the amounts agreed to be paid, the latter shall not mortgage or create a charge against such apartment or plot without the previous consent of the promoter: Provided that the promoter shall not withhold consent if the mortgage or charge is for the purpose of obtaining finance for the payment of amounts due to the promoter. 12. Completion and Occupation Certificate.-(1) It shall be the responsibility of the promoter,(i) in the case of apartments, to obtain from the authority required to do so under any law completion and occupation certificates for the building and if a promoter, within a reasonable time, after the construction of the building, does not apply for an occupation certificate from such authority, the allottee of an apartment may apply for an occupation certificate from the said authority; and

(ii) in the case of a colony, to obtain completion certificate from the competent authority to the effect that the development works have been completed in all respects as per terms and conditions of the licence granted to him under section 5. (2) The authority referred to in sub-section (1) shall after satisfying itself about the agreement of sale between the promoter and the allottee, and the compliance of the building regulations and all other formalities, issue an occupation certificate. 13. Promoter to execute documents.-After the completion or occupation certificate is obtained under section 12, the promoter shall submit a copy thereof to the competent authority and thereafter he shall take all necessary steps to complete his title and convey the exclusive ownership of the apartment or plot containing such particulars as may be prescribed and the undivided interest in the common areas and facilities appurtenant to such apartment or plot to the person in whose favour he has executed an agreement of sale of that apartment or plot, and execute a conveyance deed of apartment or plot containing such particulars as may be prescribed and all other relevant documents therefor in accordance with such agreement, within three months from the date of giving possession of the apartment or plot and also deliver all documents of title relating to the property which may be in his possession or power and the promoter shall not reserve any right in the property except to the extent of apartments or plots which he is taking up in his own name and apartments or plots which are meant for sale but are still unsold. 14. Enforcement of registration of conveyance.- (1) If the promoter without sufficient cause fails to execute the conveyance deed of apartment or plot and other relevant documents within three months in terms of the provisions of section 13, the person in possession of the apartment or plot in pursuance of the agreement of sale may make an application, in writing, in the prescribed form to the competent authority for a certificate to be produced before the concerned registering officer for enforcing the registration of the transfer and on receipt of such application and after making such enquiry as may be necessary and satisfying itself that occupation or completion certificate has been obtained from the authority

required to do so under any law and the person in possession has done what he was required to do under the agreement of sale, the competent authority shall issue a certificate to the registering officer that it is a fit case for enforcing registration of the conveyance deed and direct the person who has taken the apartment or plot to present the conveyance deed of apartment or plot though not executed by the promoter for unilateral execution of registration. (2) After the conveyance deed of apartment or plot along with the certificate issued by the competent authority under sub-section (1) is presented for registration, the registering officer shall cause a summons to be issued to the promoter and if the promoter fails to appear in compliance with the summons so issued, the execution of the instrument shall be deemed to be admitted by him and the registering officer shall proceed to register the instrument and if the promoter appears but denies execution of the conveyance deed, the registering officer, after giving him a reasonable opportunity of being heard, if satisfied that the promoter has failed to execute the conveyance deed without sufficient cause, shall proceed to register the same. (3) If the promoter fails to execute a written agreement of sale as required under section 6, or fails to execute the conveyance deed of apartment or plot and other relevant documents as specified in sub-section (1), within three months, the competent authority may, either on a complaint or suo moto, impose for each plot or apartment for which there is a default, a penalty upto a maximum of five per cent of the price of the plot or the apartment or five thousand rupees, whichever is greater, and further minimum penalty for each plot or apartment of one hundred rupees for each day for which the default continues, and the penalty may be recovered as an arrears of land revenue. (4) The penalty imposed under sub section (3) shall be in addition to any action taken under the Indian Stamp Act, 1899 ,(2 of 1899) or the Registration Act, 1908 (16 of 1908) and if a penalty is imposed under the provisions of any of these Acts, the promoter shall not be liable to penalty for the same offence under this Act or under any other law governing the apartment ownership. 15. Promoters responsibility for essential Services.-(1) No promoter and no person who is responsible for the management and maintenance of a building or apartments, shall without just and sufficient cause, either by himself or through any person, cut off, withhold, curtail or reduce, any essential supply or service enjoyed in respect of such apartment or plot by the person who has taken or agreed to take an apartment or plot or by any person in occupation thereof through or under him. (2) If there is a contravention of the provisions of sub-section (1), the person who has taken or agreed to take the apartment or plot or the occupier thereof may make an application to the competent authority for a direction to restore such supply or service. (3) If the competent authority on enquiry finds that the person referred to in subsection (2) has been in enjoyment of the essential supply or service and that it was cut off or withheld or curtailed or reduced without just and sufficient cause, the competent authority shall make an order directing the restoration of such supply or service before a date to be specified in the order. (4) If the supply or service is not restored before the date specified under sub-section (3), the promoter or the person responsible for the management and maintenance of the building or apartment or plot shall be liable, upon a further direction by the competent authority to that effect, to a penalty which may extend to one hundred rupees for each day during which the default continues thereafter. (5) Notwithstanding anything contained in any law for the time being in force, the competent authority shall have jurisdiction to decide any application made under subsection (2), and no other court shall have jurisdiction to entertain such application and no appeal shall lie from any order made on such application:

Provided that the State Government may for the purpose of satisfying itself that the order made is according to law, call for the case in which such an order is made and may pass such order with respect thereto as it thinks fit. (6) Any promoter or person responsible for the management and maintenance of building or apartment or plot, who contravenes the provisions of sub-section (1), shall on conviction be punished with imprisonment for a term which may extend to three months, or, with fine, which may extend to five thousand rupees, or, with both. (7) The offence under sub-section (6) shall be cognizable, and shall not be triable by any court inferior to that of Judicial Magistrate of the First Class. Explanation-I.- In this section, essential supply or service includes the supply of water, electricity, lights in passages and on staircase, and lifts and conservancy or sanitary service. Explanation-II.- For the purposes of this section withholding any essential supply or service shall include acts or omissions attributable to the promoter or the person responsible for the management and maintenance of the building or apartment, on account of which the essential supply of service is cut off by the local authority or any other authority. 16. Regulation of property.- (1) A promoter who enters into a transaction for the transfer relating to a property shall,(a) make full and true disclosure of the nature of his title to the property indicating clearly that his title to property has been duly certified by an Assistant Collector First Grade or Second Grade, as the case may be, after he has examined transactions concerning it in the previous ten years; make full and true disclosure of all encumbrances on such property, including any right, title, interest or claim of any party in or over such property; in case the property is land held on lease, produce consent from the less or for the transaction; in case the property is land, subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976); produce clearance from the competent authority under that Act; make full and true disclosure of any reservations, in the development plan framed under any law for the time being in force or restrictions on the use to which the property may be put and any liability to carry out any development works; specify, in writing, the date by which possession of the property is to be handed over; make full and true disclosure of all charges, including ground rent, if any, municipal or other local taxes, revenue assessment, interest on any mortgage or other encumbrance, development charges or charges for maintenance and upkeep of roads, drainage, sewerage, water supply, electricity, lay out and constructed by the Government or any local authority.

(b) (c) (d)

(e)

(f) (g)

(2) No person shall issue a prospectus or advertisement offering for sale any property, unless the prospectus or advertisement indicates the place and time the documents and certificates relating to the matters specified in sub-section (1) are available for inspection. (3) The provisions of sub-sections (4) and (5) of section 4 shall apply mutatis mutandis for mis-statements in the prospectus or advertisement issued under sub-section (2) of this section. (4) The provisions of sections 11, 13 and 14 shall apply mutatis mutandis to a transaction of property made under this section.

17. General liabilities of allottee.- (1) Every allottee who has executed an agreement of sale to take an apartment or a plot under section 6 or any property under section 16 shall pay at the proper time and place, the price, the proportionate share of the municipal taxes, water and electricity charges, ground rent, if any, and other charges in accordance with the agreement of sale. (2) Any person who has executed an agreement of sale of an apartment or plot or other property and who, without reasonable excuse, fails to comply with or contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one per cent of the price of the apartment or plot or property, as the case may be, or one thousand rupees, whichever is greater. 18. Restriction on structures in a colony.- Every person, erecting or re-erecting any structure in a colony in respect whereof a licence has been obtained under sub-section (3) of section 5, shall comply with such conditions regarding use of land, layout plan, zoning regulations, site coverage, height of building, set back lines, structural and sanitary requirements, architectural control, design of buildings and material to be used in erection thereof as may be prescribed. CHAPTER III REGISTRATION OF PROMOTERS AND ESTATE AGENTS 19. Registration compulsory.- (1) From such date as the State Government may, by notification in the Official Gazette specify, no person shall carry on the business of promoter or estate agent, or represent or hold himself out as carrying on such business, except under and in accordance with the terms and conditions of the certificate of registration granted under this Act. (2) An application for registration under sub-section (1) as a promoter, or as an estate agent, as the case may be, shall be made along with a prescribed fee in the prescribed form to the competent authority, and the competent authority on receipt of the application may enter the name of the applicant in the register of promoter, or, in the register of estate agents, as the case may be, maintained under this Act in the prescribed form and grant a certificate of registration in the prescribed form to such person for the conduct of his business in accordance with the terms and conditions of the certificate of registration and the provisions of this Act and the rules made thereunder. 20. Conditions for registration.- Before registering and granting a certificate of registration to a promoter or, an estate agent under the provisions of section 19, the competent authority shall satisfy itself,(a) in the case, if the application is for registration as a promoter, that the promoter himself or one of his employees, or one of the partners of the firm or one of the directors of the company if the applicant is a firm or company, as the case may be, possesses the prescribed qualifications for conducting the business of a promoter; in the case, if the application is for registration as an estate agent, that the applicant possesses qualifications as may be prescribed; that the applicant furnishes to the competent authority, either a bank guarantee or a security, for such amount and in such manner as may be prescribed; that the applicant produces an income-tax clearance certificate from the income tax authorities; and that the applicant has not been convicted of an offence under this Act or under any law involving moral turpitude, or, if convicted, a period of five years has elapsed since his conviction.

(b) (c ) (d) (e)

21. Term and renewal of registration.- Every certificate of registration of a promoter or an estate agent under section 19 shall be valid for a period of five years and, on the expiry of such a period, it may be renewed for another period of five years by the competent authority, on an application along with the prescribed fee, made by the promoter or the estate agent in that behalf: Provided that the conditions referred to in section 20 continue to be fulfilled and the application has been made at least three months before the expiry of the certificate of registration. 22. Refusal to grant or renew registration.- If, after giving the applicant an opportunity of being heard, the competent authority, refuses to grant or renew a certificate of registration, it shall record its reasons therefor in writing and communicate the same to the applicant. 23. Cancellation of certificate of registration.- (1) A certificate of registration granted under section 19 shall be liable to be cancelled by the competent authority on the grounds mentioned in sub-section (2) and by an order made in writing recording the reasons for such cancellation. (2) A certificate of registration is liable to be cancelled, if the promoter or estate agent, as the case may be,(a) (b) (c) (d) surrenders the certificate of registration as he does not wish to continue carrying on the business; has applied to be adjudicated or has been adjudicated an insolvent or is an undischarged insolvent; has been adjudicated to be of unsound mind by a competent court; has been convicted of an offence under this Act or under any law involving moral turpitude, if convicted, a period of five years has not elapsed since his conviction; has contravened any of the terms or conditions of the certificate of registration or any of the provisions of this Act or the rules made thereunder.

(e)

24. Notice before cancellation.- (1) Before canceling a certificate of registration under section 23, the competent authority shall give notice to the promoter, or the estate agent, as the case may be, specifying the grounds and calling upon him to show-cause why the certificate of registration should not be cancelled. (2) After considering the explanation, if any, offered by the promoter, or, the estate agent, as the case may be, the competent authority may cancel the certificate of registration, or pass such orders as it may deem fit. (3) Notwithstanding anything contained in sub-sections (1) and (2), the competent authority may suspend the certificate of registration of a promoter or an estate agent, as the case may be, pending decision on the matter of cancellation of the certificate of registration. (4) Where any certificate of registration is suspended or cancelled under this Act, no person shall be entitled to any compensation or the refund of any fee paid in respect thereof. 25. Carrying on business after cancellation.- When a certificate of registration is suspended or cancelled under the provisions of section 24 or when it expires and is not renewed, under the provisions of section 21, a promoter or estate agent, as the case may be, shall cease to carry on the business and any business or activity in furtherance of his business during the period of suspension or after the expiry or cancellation of the certificate of registration, shall be deemed to be carried on without any certificate of registration for the purpose of section 19 and shall be liable for all consequences thereof:

Provided that, when decision is pending on an application for renewal of registration, no such presumption shall be made, if business is carried on after the expiry of the period of registration of certificate. 26. Maintenance of accounts and records.- (1) Every promoter or estate agent shall maintain such accounts, registers and records in such form and manner as may be prescribed. (2) The competent authority shall maintain such register as may be prescribed showing sufficient particulars of all cases in which licence under section 5 or certificate of registration under this Chapter is granted or refused by him and the said register shall be available for inspection without charges by all interested persons and such persons shall be entitled to have extract therefrom on payment of fee as may be determined by competent authority. 27. Audit.- The promoter or estate agent shall get his accounts audited after the close of every financial year by a chartered accountant, and shall produce a statement of accounts duly certified and signed by such chartered accountant in the manner prescribed and it shall be verified during the audit that amounts collected for a particular purpose are not utilized for any other purpose. 28. Periodical returns.- Every promoter or estate agent shall submit to the competent authority such periodical returns as may be prescribed. 29. Inspection.- For the purpose of satisfying itself, that the requirements of this Act and the rules made thereunder or the terms and conditions of the certificate of registration granted under this Chapter or licence granted under section 5 of this Act of a promoter or an estate agent are duly complied with, the competent authority may inspect or cause to be inspected, at any time during business hours, any accounts or records of a promoter or an estate agent relating to such business. CHAPTER IV MISCELLANEOUS PROVISIONS 30. Constitution of Development Fund.- (1) Every promoter to whom a licence has been granted under section 5 to develop a colony or who stands exempted or to whom exemption is granted under section 42 shall deposit service charges at the rate of rupees ten per square metre of the plotted area proposed to be developed by him as residential, commercial or industrial (excluding the area used by the public for general purposes) into a colony in two equal installments, the first installment to be deposited within sixty days from the date of grant of licence and the second installment to be deposited within six months from the date of grant of licence and the promoter shall in turn be entitled to pass on the service charges so paid by him to the allottees. Explanation. In the case of a promoter exempted under section 42, the date of first inviting applications for the sale of plots in any colony by it shall be deemed to be the date for the purpose of depositing service charges. (2) The amount of service charges levied under sub-section (1) if not paid within the stipulated period, shall be recoverable as arrears of land revenue or the competent authority may cancel his licence after giving him an opportunity of being heard. (3) The amount of service charges deposited by the promoter under sub-section (1) or recovered under sub-section (2) shall constitute a fund to be called the Development Fund (hereinafter referred to as the Fund) and shall vest in such Authority as the State Government may notify in this behalf and shall be administered by that authority. (4) The Fund shall be utilized by the authority notified under sub-section (3) for the benefit of the allottees, for development of the colonies, to promote research and development in town and country and urban affairs and for such other similar purposes as may be prescribed.

(5) The State Government shall publish annually in the Official Gazette the report of the activities financed from the Fund and the statement of accounts. 31. Appellate authority and appeals.- (1) The State Government may, by notification in the Official Gazette, appoint an officer or an authority as appellate authority (hereinafter referred to as appellate authority) with the power to decide appeals against the orders of the competent authority: Provided that the State Government may appoint as appellate authority more than one officer or authority and distribute the work among them in the manner it may deem fit. (2) Any person aggrieved by any order of the competent authority under this Act, may, within a period of thirty days of the communication of the order to him, prefer an appeal to the appellate authority in such form and manner as may be prescribed. (3) The appellate authority may, after giving an opportunity of being heard to the parties and to the competent authority, pass such order as deemed fit, either confirming, modifying or setting aside the order of the competent authority, and record its reasons in writing, and the order of the appellate authority so passed shall be final, unless revised by the State Government under section 32. (4) In discharging its functions, the appellate authority shall have all the powers under the Code of Civil Procedure, 1908 (V of 1908) of a Civil Court while deciding an appeal. 32. Revision.- The State Government, either suo moto, or, on an application from any party aggrieved by any order within sixty days of the date of the communication to him of such order, may call for and examine the record of any proceedings disposed of by the competent authority, or the appellate authority, as the case may be, for the purpose of satisfying itself as to the correctness, legality or propriety of any proceedings and of any order passed therein, and may pass such order in relation thereto as it may deem fit: Provided that no order adverse to any person shall be passed without giving him an opportunity of being heard: Provided further that no application for revision shall be entertained when an appeal has been or could have been filed against such order. 33. Bar of jurisdiction.- No civil court shall have any jurisdiction to entertain or decide any question relating to matters arising under this Act or the rules made thereunder and every order passed by the competent authority subject to appeal, or, revision, every order passed by the appellate authority subject to revision, and every order passed by the State Government in revision, shall be final and shall not be questioned in any court of law. 34. Offences by persons or promoters or estate agents.- (1) Any person or promoter or estate agent who, without reasonable cause, fails to comply with or contravenes the provisions of sections 3, 5, 6,7 save as provided in sub-section(2) of this section or section 13 shall, on conviction, be punished with imprisonment for a term which shall not be less than three months but which may extend to three years, and with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees. (2) Any promoter who contravenes the provisions of section 7 by misusing any amount advanced or deposited with him for any purpose other than the purposes mentioned in section 7, shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years, and with fine which shall not be less than twenty five thousand rupees but which may extend to two lakhs rupees or to the amount in respect of which the offence was committed, whichever is grater. (3) Any person or promoter or estate agent who, without reasonable excuse, fails to comply with, or contravenes, any other provision of this Act or of any rule made thereunder, or does not pay the penalty imposed on him by the competent authority, shall, if no other

penalty is expressly provided for the offence, be punished on conviction, with imprisonment for a term which shall not be less than three months but which may extend to two years, and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees: Provided that imposition of penalty, conviction and fine shall not be deemed to regularize the unauthorized constructions, colonies and buildings, and the competent authority after giving a notice of 30 days and affording a reasonable opportunity of being heard, may demolish or remove such unauthorized constructions and expenses incurred in such demolition or removal shall be recovered from the owner of such building as arrears of land revenue. (4) The fine imposed under sub-sections (1), (2) or (3) may be recovered as an arrears of land revenue and out of the fine so recovered, the Judicial Magistrate may award such amount as he deems fit to the person from whom the advance or deposit was obtained by the promoter or the estate agent, as the case may be. 35. Duty of Police Officers.-It shall be the duty of every police officer, (a) to communicate without delay to the competent authority or any other officer authorised in writing by him in this behalf, any information of which he receives of a design to commit or of the commission of any offence against this Act or any rule made thereunder ; and to assist the competent authority or any other officer authorised in writing by him in this behalf, in the lawful exercise of any power vested in the competent authority or any other officer authorised in writing by him in this behalf under this Act or any rule made thereunder.

(b)

36. Power to arrest.- (1) A police officer not below the rank of Sub-Inspector shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand, declines to give his name and address or give such name or address which such officer has reason to believe to be false. (2) The person so arrested shall, without unavoidable delay be produced before the Judicial Magistrate authorised to try the offence for which the arrest has been made and no person so arrested shall be detained in custody for a period exceeding twenty four hours without any order from the Judicial Magistrate. 37. Offences by companies.- (1) If the person committing an offence under this Act is a company, the company as well as every person who at the time the offence was committed was in charge of, or, was responsible to the company for the conduct of business by the company, shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of or is attributable to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section, (a) company means a body corporate and includes a development authority or public authority, a firm or other association of persons; and

(b)

director in relation to firm means a partner in the firm, and in relation to a development authority or public authority means a person who takes decisions on matters of policy in its affairs.

38. Prosecution and composition of offences.- (1) No prosecution for any offence punishable under this Act shall be instituted except on a complaint made by the competent authority or any person authorised in this behalf by it. (2) The competent authority may, either before or after the institution of the proceedings for prosecution, compound any offence punishable by or under this Act subject to such amount, such conditions and restrictions as may be prescribed. (3) Where an offence has been compounded, the offender, if in custody, shall be released and no further proceedings shall be taken against him in respect of the offence compounded. 39. Structure to be demolished in certain cases.- (1) Without prejudice to the provisions of this Act, the competent authority may, by notice, call upon any person who has committed a breach of the provisions of section 18 to show cause why the structure should not be demolished and if such person fails to show cause to the satisfaction of the competent authority within a period of fifteen days, the competent authority may pass an order requiring him to demolish the structure within sixty days from the date of the order. (2) If the order made under sub-section (1) is not complied with, within the period specified therein, the competent authority may itself take such measures as it may deem fit to give effect to the order and the cost of such measures shall, if not paid on demand being made to it, be recoverable from such person as arrear of land revenue. 40. Indemnity.- (1) No suit, prosecution or other legal proceedings shall lie against any officer or employee of the State Government or of the competent authority in respect of anything which is, in good faith, done or intended to be done in pursuance of this Act or the rules made thereunder. 41. Delegation.-The State Government may, by notification, delegate all or any of its powers under this Act, except the power to make rules, to any officer subordinate to it subject to such restrictions and conditions as may be specified in such notification. 42. Exemption.- (1) Save as provided in section 30, nothing in this Act shall apply if the promoter is, (a) (b) a local authority or statutory body constituted for the development of land or housing; or a company or a body created for development of land or housing or promotion of industry wholly owned and controlled by the State Government or the Central Government.

(2) If the State Government is of the opinion that, the operation of any of the provisions of this Act, causes undue hardship, or circumstances exist which render it expedient to do so, it may exempt, by a general or special order, any class of persons or areas from all or any of the provisions of this Act, subject to such terms and conditions as it may impose. 43. Power to make rules.- (1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:(a) the particulars as respects the design and the materials to be used in the construction of the building and the other information and documents to be

disclosed, the manner in which disclosure is to be made and the documents of which true copies shall be given by the promoter under clause (f), (m) and (n) of sub-section (2) of section 3; (b) (c) the other matters to be disclosed in an advertisement or prospectus under subsection (2) of section 4; the form of the application, the information to be attached with the application and the fee to be paid for the grant of permission under sub-section (1) of section 5; the authority to be prescribed for giving opinion to the competent authority under sub-section (2) of section 5; the form of licence to be issued and the agreement to be entered it under subsection (3) of section 5; the fee to be paid for renewal of licence under sub-section (4) of section 5; the criteria of the economically weaker sections of society and the manner of reserving residential apartments or plots for weaker sections of society and the conditions subject to which the reservation is to be made under sub-section (8) of section 5;

(d) (e) (f) (g)

(h) the form for the agreement of sale and the particulars and conditions to be contained in and the documents or copies thereof to be attached to such agreement under sub-section (1) of section 6; (i) (j) (k) (l) (m) the fee to be paid under sub-section (2) of section 9; the particulars to be included in respect of conveyance deed of apartment under section 13; the form of application under sub-section (1) of section 14; the matters to be prescribed under section 18; the form of application for registration of promoters and estate agents and the fee for such application, form for maintenance of registers and the form of registration certificate under sub-section (2) of section 19; the qualifications for a promoter and for an estate agent and the amount and manner of security to be furnished under section 20; the fee for renewal of registration under section 21; the form and manner of maintaining accounts, registers and records by a promoter or estate agent under sub-section (1) and maintenance of register by the Competent Authority under sub-section (2) of section 26; the manner in which the accounts shall be audited and certified by a chartered accountant under section 27; the periodical returns which a promoter or estate agent has to submit to the competent authority under section 28; the purposes to be prescribed under sub-section (4) of section 30; form and manner in which an appeal shall be preferred to the appellate authority under sub-section (2) of section 31; and any other matter which has to be or may be prescribed by rules.

(n) (o) (p)

(q) (r) (s) (t) (u)

(3) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more successive session,

and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule, or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. 44. Repeal of Ordinance No. 3 of 2005 and savings.-(1) The Himachal Pradesh Apartment and Property Regulation Ordinance, 2005 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.

13

The

Himachal Pradesh Apartment Property Regulation Rules, 2005

and

(Authoritative English text of this Department Notification No.HSG-A(3)3/2005 dated 09/09/2005 as required under clause (3) of Article 348 of the Constitution of India)
HOUSING DEPARTMENT NOTIFICATION Shimla-171002, the 9th September, 2005 No. HSG-A (3)3/2005,- Whereas, the draft Himachal Pradesh Apartment and Property Regulation Rules, 2005 were published in the Rajpatra, Himachal Pradesh (Extra Ordinary) on 25th July, 2005 vide this Department Notification No. HSG-A (3)3/2005 dated 23rd July,2005 for inviting objections and suggestions from the persons likely to be affected there by as required under sub-section (2) of section 43 of the Himachal Pradesh Apartment and Property Regulation Act, 2005; And whereas only one objection/ suggestion has been received and the same has been duly considered within the specified period and accepted. Now, therefore, in exercise of the powers conferred by section 43 of the Act ibid, the Governor of Himachal Pradesh is pleased to make the following rules, namely;1. (1) These rules may be called the Himachal Pradesh Apartment and Property Regulation Rules, 2010 2. They shall come into force from the date of their publication in the Official Gazettee. 3 (1) In these rules, unless the context otherwise requires,(a) (b) Act means the Himachal Pradesh Apartment and Property Regulation Act, 2005; amenity includes roads, water supply, street lighting, drainage, sewerage, public parks, schools, hospitals, community centres and other community building, landscaping and any other public utility service; family in relation to person means the individual, wife or husband, as the case may be, of such individual and his or her unmarried minor children. Form means the form appended to these rules known as APR Form; Government means the State Government of Himachal Pradesh;
Short title

Definitions

(c) (d) (e)

(f)

(g) (h)

layout plan means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary; prescribed authority means the authority prescribed as such under sub-rule (2) of rule 11; and Section means a section of the Act.

(2) All other words and expressions used in these rules but not defined shall have the same meanings as has been respectively assigned to them in the Act. (3) The promoter shall disclose the following particulars on reasonable notice or Disclose demand in respect of designs and materials to be used in the construction, namely:- regarding (a) In respect of designs,(i) (ii) (iii) (iv) (v) (b) location plan of the building; design of the building and of the apartment; elevation; cross sections; and structural design.
design and material be used

In respect of materials to be used in the construction of ,(i) (ii) (iii) (iv) (v) foundation; super structure; flooring; joineries; and electric and sanitary fittings.
Reservatio n of residential apartments and plots for person belonging to economical ly weaker sections of the society.

4. (1) For the purpose of sub-section (8) of section 5, a person whose family income from all sources does not exceed two lakh per annum or such other income limit, as may be fixed by the competent authority from time to time, keeping in view the income limit, as determined by the Government from time to time, for low income group housing, shall be deemed to be a person belonging to the economically weaker sections of the society. (2) No person belonging to the economically weaker section of the society shall be eligible for allotment of a residential apartment or a residential plot in a colony if,(i) he himself or his spouse or minor child owns a free hold or lease hold or on hire purchase basis a residential plot or a residential apartment in a colony developed in the State of Himachal Pradesh under the Himachal Pradesh Housing and Urban Development Authority Act, 2004 or under a housing scheme of a local authority or under the Act; he is less than eighteen years of age on the date of applications are invited for such allotment;

(ii)

(a) his family income from all sources exceeds the income limit specified in sub-rule (1); and (b) he has not been working for gain for more than 25 years in the State of Himachal Pradesh or he is not having his permanent home in Himachal Pradesh, on the date on which applications are invited for such allotment. (3) The promoter shall, reserve at least 10% of number of residential plots and apartments, for being sold or leased to the eligible persons belonging to the economically weaker sections of the society. (4) The constructed size of the apartment or the area of plot to be reserved for being sold or leased to the persons belonging to the economically weaker sections of society, shall not be less than thirty six square metres the case of the apartments and shall not be less than 60 sqm. of the plot in the case of the colony or such area, as may be determined by the competent authority from time to time with the prior approval of the State Government. 5. (1) The promoter shall invite applications for allotment of residential apartments or residential plots reserved for the persons belonging to the weaker sections of the society under rule 4 by publishing a public notice in at least two newspapers widely in circulation in the area where the apartments or plots are situated and a copy of the public notice so published, shall be filled in the office of the competent authority (2) All applications received by the promoter in response to the public notice published under sub-rule (1), shall be entered serially in a register maintained for this purpose in the office of the promoter and acknowledgement of the receipt thereof, in the office of the promoter, shall be sent to the applicant. (3) No application shall be rejected merely on the ground that it is incomplete in any respect and the defect or deficiency, if any, found in the application shall be got rectified by the promoter from the applicant. (4) The allotment of plots or apartments, as the case may be, to the eligible applicants, shall be made by draw of lots under the supervision of the competent authority or any of its representative duly authorized by it in this behalf. 6. The price payable for allotment of plots and apartments reserved to be sold or leased to the persons belonging to the economically weaker sections of the society shall be at least twenty five percent less than the price fixed for the allotment of such plots or apartments to other categories of persons and unless the allottee voluntarily agrees to pay the price so fixed in lump sum, the price shall be payable in installments to be fixed by the promoter in such a way that it would be recoverable within a period of at least five years from the date of allotment of the apartment or the plot, as the case may be. 7. The promoter shall disclose the number of his certificate of registration granted under sub-section (2) of section 19 and also the validity of licence issued under sub-section (3) of section 5 of the Act and display the certificate of registration and the
Price to be paid for allotment of apartments and plots. Mode of allotment of reserved apartments and plots

Disclosure regarding registration and licence.

licence so granted at a conspicuous place in his office and make it available for inspection to the persons taking or intending to take an apartment or a plot in the colony and to a person authorized by the competent authority. 8. The promoter shall, on demand supply true copies, on payment of reasonable charges as may be determined by the competent authority, of the following documents, namely:(i) title deed of land, certified by an Assistant Collector First Grade or Second Grade, as the case may be, as referred to in clause (a) of sub-section (2) of section 3 and copies of the advertisement issued under section 4; (ii) copy of the consent of the land owner, if the land does not belong to the promoter as referred to in clause (a) of sub-section (2) of section 3; (iii) design of apartment, agreement with an architect and a contractor, as referred to in clause (f) of sub-section (2) of section 3; (ii) copy of occupation certificate as referred to in section 12; and (iii) certificate of registration granted under sub-section (2) of section 19 and the permission granted under sub-section (2) of section 5. 9. The promoter, alongwith the information specified under sub-section (3) of section 4, shall also disclose the information regarding the following matters in the advertisement or prospectus to be issued under sub section (1) of section 4, namely:(i) (ii) (iii) (iv) (v) (vi) the earnest money to be deposited; the mode of allotment; the mode of payment; the interest to be charged; the general specifications as approved by the competent authority,the common areas, amenities and facilities to be provided as approved by the competent authority including its maintenance and management; (vii) the infrastructure to be provided; and (viii) the likely date by which the possession shall be handed over.
Addition al informati on to be supplied by the Promoter

Supply of copies of documents

10. (1) Every promoter who desires to develop any land into a colony or desires to construct apartment upon any land shall make and application in writing in Form APR-I to the competent authority for the grant of a licence under section 5 and shall furnish therewith:(a) a demand draft for a sum calculated at the rate of rupees one hundred per Sqm. as licence fee in favour of the competent authority and drawn on any Scheduled Bank; income tax clearance certificate; particulars about financial position of the Promoter; the following plans and documents in triplicate, namely:(i) copy or copies of all the title deeds and other documents showing the interest of the Promoter in the land under the colony alongwith a list of

Application for licence and documents to be used and fee to be paid for the grant of licence

(b) (c) (d)

such deeds and documents, and if the land is owned by another person the consent of the owner of such land; (ii) copy of the Shajra Plan showing the location of the colony alongwith the names of revenue estates, khasra numbers and area of each field; (iii) a guide map on a scale of not less than ten centimeters to one kilometer showing the location of the colony in relation to surroundings geographically features to enable the identification f the land; (iv) a survey plan of the land under the proposed colony on a scale of not less than 1:1000 showing the spot levels at a distance of thirty metres and where necessary contour plans showing the boundaries and dimensions of the said land, the location of streets, buildings and premises within a distance of at least thirty metres of the said land, existing means of access to and from existing roads; (v) Layout plan of the colony on a scale of not less than 1:1000 showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots preserved for the economically weaker sections of the Society, sites reserved for open spaces, community buildings, schools etc. with area of under each and proposed building lines on the front and sides of the plots; (vi) An explanatory note explaining the salient features of the proposed colony, in particular the source of whole some water supply arrangements and site for disposal and treatment of storm and sullage water. (vii) Plans showing the cross-sections of the proposed roads indicating, in particular the width of the proposed drainage ways, cycle tracks and footpaths, green verges, position of electric poles, telephone poles and of any of other works connected with such roads; (viii) Plans as required under sub-clause (vii) indicating, in addition the position of sewers, storm water channels, water supply and any other public health services; (ix) Detailed specifications and structural design of apartments with the estimated cost; (x) Detailed specifications and designs of roads, works shown under subclause (vii) and component wise estimated cost with cost analysis thereof; (xi) Detailed specifications and designs of sewerage, storm water, and water supply schemes with estimated costs of each component with cost analysis thereof; (xii) Detailed specifications and design for disposal and treatment of storm and sullage water and estimated costs of works component wise with cost analysis of each component; (xiii) Detailed specification and design for electric supply including street lighting with component wise estimated cost with cost analysis of each component; (xiv) An undertaking regarding the structural design and construction thereof; and (xv) Undertaking to the effect that while constructing the apartment, the promoter shall abide by and conform to the Himachal Pradesh Public Works Department specifications for the quality of material to be used and quality of constructions.

(2) The plans in triplicate specified in clause (e) of sub-rule (1) shall be clear and legible azo-prints with the set mounted on cloth. (3) If the Promoter wants to be exempted from providing any one or more of the amenities in a colony, he shall furnish detailed explanatory note in triplicate alongwith the application and if necessary indicating the reasons as to why the said amenities or amenities need not or cannot be provided. (4) In cases where the promoter applies for withdrawal of application before the issue of letter of intent under rule 11 93) of these rules, licence fee to the extent of 10% or rupees fifty thousand which ever is more, shall be retained as processing fee in the office of the competent authority and the remaining amount shall be refunded to the promoter within one month from the receipt of application. (5) In cases where letter of intent has been issued to the promoter and he fails to complete the formalities or is not interested for the grant of licence 20% of the licence fee or rupees one lakh whichever is higher, not exceeding entire deposited licence fee, shall be retained as processing fee in the office of the competent authority and remaining amount shall be refunded to the promoter. 11. (1) On receipt of the application in prescribed form and complete in all respects under rule 10, the competent authority shall enquire into the following matters and such other matters, as it may consider necessary, namely:(a) (b) (c) (d) (e) (f) the title of the Promoter to the land which is proposed to be converted into a colony; extent and situation of land; layout plan of the colony; financial and managerial capacity of the Promoter to develop the colony; plan regarding the development works to be executed in the colony; and conformity of development of the colony with neighboring areas.
Inquiry by the competent authority

(2) The competent authority may after making inquiry as specified in sub-rule (1) and after giving the Promoter a reasonable opportunity of being heard, and also taking into consideration the opinion of concerned Town Planner of the State of Himachal Pradesh who shall be the prescribed authority for the purpose of sub- section (2) of section 5, by an order in writing, reject the application to grant the licence if,(a) (b) (c) (d) it does not conform to the requirement of these rules; the plans and designs of the development of works submitted with the application are not technically sound and workable; the estimated expenditure on water supply mains or extra mural and outfall sewerage is not commensurate with the size of the colony; the proposed colony/ housing scheme is not in conformity with prescribed norms of Town and Country Planning Department of Himachal Pradesh.

(3) After scrutiny of the plans and other necessary inquiries which the competent authority may deem fit, if the competent authority is satisfied that the Promoter is fit for

the grant of licence, it shall, before granting licence, call upon the Promoter to fulfill the conditions laid down in rule 12 of these rules within a period of thirty days from the date of the services of notice in Form APR-II. Provided that on an application within the aforesaid period of thirty days, for the extension of time limit, the competent authority, if satisfied, may extend such time limit further upto thirty days. (4) If the Promoter fails to fulfill the conditions referred to in sub-rule (3) within the specified or extended period, if any, the grant of licence shall be refused and intimation of such refusal shall be communicated to the applicant in Form APR-III. (5) The competent authority shall finalise the process of rejecting the application as provided in sub rule (2) or for the grant of licence as provided in sub rule (3) within a period not exceeding three months from the date of receipt of the application. 12. (1) The Promoter, who is fond fit for the grant of a licence under rule 11, shall be asked by the competent authority to,(a) furnish a bank guarantee or security equal to twenty five percent of the estimated cost of the development works certified by the competent authority in order to ensure that the desired infrastructure facilities for provision of basic services of water, sanitation, solid waste parking, street lighting etc. have been provided as contained in the project for which concerned local body has given its approval. furnish an undertaking to enter into an agreement in Form APR-IV for carrying out and completion of development works in accordance with the conditions of the licence to be granted as under:(i) to maintain a separate account in any Scheduled Bank of all sums, taken by him from the persons intending to take or who has taken the plots or apartment, as an advance or deposit towards the sale price or for any other purpose as required under section7, and utilize this amount for meeting the cost of development works in the colony and shall, on demand, in writing, by the competent authority make full and true disclosure of all transactions in respect of that account; to pay development charges, if the mainlines of roads, drainage, sewerage, water supply and electricity are to be laid out and constructed by the State Government or any local authority; take responsibility for maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of the issue of completion certificate under the building regulations unless earlier relieved of this responsibility and thereupon to transfer such roads, open spaces, public parks and public health services free of costs to the State Government or the local authority, as the case may be; to construct or to get constructed at his own cost schools, hospitals, community centers and other community building on the land set apart for this purpose or transfer such land to the State Government either
Conditions required to be fulfilled by the Promoter

(b)

(ii)

(iii)

(iv)

(v)

free of cost or on payment of actual cost of development of land as may be decided by the State Government in which case, the State Government shall be at liberty to transfer such land to any local authority or person or institution on such terms and conditions, as it may deem fit; and to permit the competent authority or any other officer authorized by it to inspect the execution of layout and development works in the colony and to carry out all directions issued by it for ensuring due compliance of execution of layout and development works in accordance with the licence granted.

(2) If the competent authority having regard to the amenities which exist or are proposed to be provided in the locality, decided that it is not necessary or possible to provide such amenities, the applicant will be informed accordingly and sub-clauses (ii), (iii) and (iv) of clause (b) of sub-rule (1) shall be deemed to have been modified to that extent. 13. (1) The competent authority shall grant a licence in Form APR-V after the promoter has furnished a bank guarantee or security equal to twenty five per cent of the estimated cost of the development works duly certified by competent authority and the promoter has entered into an agreement in Form APR-IV for the completion of development works so granted and agrees to deposit the service charges as provided under section 30 of the Act. (2) The licence granted under sub-rule (1) shall be valid for a period of three years and shall be renewable for a period of two years at a time on payment of the prescribed fee. 14. (1) In case the Promoter fails to complete the development works within a period of three years as specified in sub-section (4) of section 5, he may make an application to the competent authority in Form APR-VI for the renewal of his licence at least thirty days before the expiry period of the licence and the application so made shall be accompanied by,(i) a demand draft for a sum calculated at the rate of fifty per cent of the fee prescribed in rule 10 for issuing a licence as renewal fee in favour of the competent authority and drawn on a Scheduled Bank; income tax clearance certificate; an explanatory note indicating the details of development works, which have been completed or are in progress or are yet to be undertaken; reasons for non-completion of development works as required in terms of the licence granted to him; and the original licence.
Renewal of licence Grant of licence

(ii) (iii) (iv) (v)

(2) On receipt of an application under sub-rule (1) the competent authority, shall, if satisfied after making such enquiry that there has been delay in execution of development works by the Promoter and there has been no violation of any provision of the act and rules made there under, renew the licence for a period of two years by speaking order after charging penalty of rupees fifty per square metre.

(3) In case the competent authority is not so satisfied, it shall reject the application by speaking order and in that case, an intimation in this regard will be sent to the Promoter an opportunity of being heard. Provided that before rejecting the application, the competent authority shall give the Promoter an opportunity of being heard. 15. After the development works caused to be carried out, at the risk of the Promoter by the competent authority under sub-section (12) of section 5, charges incurred by it for carrying out such development works, shall be recovered by adjusting the amount received as a result of enforcement of the bank guarantee or security, as the case may be, and the balance, if any, shall be recovered from the promoter, subject to the condition that the amount so recovered, shall not exceed the amount the promoter has actually recovered from the allottees by deducting the amount actually spent on development works, and on the allottee subject to condition that the amount so recovered, shall not exceed the amount, which they have a pay to the promoter towards the expenses of such development works under the terms of the agreement of sale or transfer. 16. The agreement of sale to be executed by the promoter with the intending purchasers under sub section (1) of section 6, shall be in Form APR-VIII and shall be accompanied by the following documents, namely:(i) (ii) the certificate of title to land having been duly certified by the Assistant Collector First Grade or Second Grade, as the case may be, of the concerned area; certified copy from the relevant revenue record showing the nature of title of the promoter to the plot of land on which the building or apartments is constructed or is to be constructed and if the land is owned by another persons, the consent of the owner of such land to the development of colony or construction of the building; and the plans and specifications of the apartments as approved by the authority, which is required so to do under any law.
Rate of interest or refund of advance money of cancellation of agreement Recovery of charges incurred on development works

Agreement of sale

(iii)

17. The promoter shall refund full amount collected from the prospective buyers under sub-section (2) of section 6 together with interest thereon at the rate of twelve percent per annum payable from the date of receipt of amount so collected till the date of re-payment

18. The application under sub-section (2) of section 9 for referring the dispute to the competent authority, shall be accompanied by a fee of rupees two per square metre of the covered area of the apartment or building subject to a minimum of five hundred rupees in the form of a demand draft drawn on any Schedule Bank in favour of the competent authority. 19. The conveyance deed to be executed under section 13, shall contain the following particulars and shall be accompanied by the following documents, namely:(a) the name, address and other particulars of the allottees;

Fee for settlement of dispute to rectify the defective or change

Particulars to be given and documents to be attached with conveyance deed

(b)

(c)

(d)

(e)

(f) (g) (h)

(i) (j) (k)

the description of the land on which the building and the common area and facilities are located, and whether the land is free hold or lease hold and if lease hold, the period of such lease; a floor plan of the building showing the layout and location of the apartment, alongwith the verified statement of an architect certifying that is an accurate copy of the portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located; the description of the building, stating the number of storeys and basement, the number of apartments in that building and the main material of which it is constructed; the apartment number or statement of the location of the apartment, its approximate area, number and dimensions of the rooms, immediate common areas to which it has access, and any other details necessary for its proper identification; the description of the common areas and facilities appurtenant to such apartment; the description of the limited common areas and facilities, if any, stating as to which apartments their use is reserved; the value of the property and of the apartments and percentage of undivided interest respectively, in the common areas and facilities and the limited common areas and facilities, if any, appurtenant to such apartment and a settlement that the apartment and such undivided interest, are not encumbered in any manner whatsoever on the date of execution of the conveyance deed of apartment; the statement of the purposes for which the building and each of the apartments are intended and restricted as to use; the name of the person to receive service or process, together with the residence of place of business of such persons; and any other particulars or documents, which the parties to the conveyance deed of apartment, may deem desirable to set forth.
Form of application for enforcement of conveyance deed.

20. The application for enforcement of conveyance deed under sub-section (1) of section 14 shall be made in Form APR-IX

21. Application of building regulations / bye laws. The jurisdiction of the concerned local bodies, specified under the Himachal Pradesh Municipal Corporation Act, 1994, the Himachal Pradesh Municipal Act, 1994, the Himachal Pradesh Panchayati Raj Act, 1994 and the Himachal Pradesh Town and Country Planning Act, 1977, as the case may be, shall be applicable for all building plans, land use, provision of basic services, taxation etc. as the case may be. 22. After the layout and the development works in a colony or a building have been completed, and a completion certificate in respect thereof has been issued, the competent authority, may, on an application in this behalf from the promoter, release within a period of three months of the date of application, the bank guarantee or security furnished by the promoter after adjusting the amount incurred by the competent authority under sub-section (12) of section 5:

Application of building regulations bye laws.

Release of Bank Guarantee or security

Provided that thirty percentum of the bank guarantee or security shall be kept unreleased to ensure the up keep and maintenance of the colony or building for a period of five years from the date of issue of the completion certificate or till such time, as the promoter is relieved of the responsibilities in this behalf, by the State Government or a local authority, as the case may be, whichever is earlier. 23. (1) An application for registration as promoter or as an estate agent, shall respectively be made in Form APR-X and Form APR-XI and shall be accompanied by a fee of twenty thousand rupees in the case of a promoter and five thousand rupees in the case of an estate agent in the form of a demand draft drawn on a Scheduled Bank in favour of the competent authority. (2) The certificate of registration shall be issued by the competent authority in the case of a promoter in Form APR-XII and in the case of an estate agent in Form APRXIII.
for 24. (1) In case the application is for registration as a Promoter, the applicant Qualifications promoter registration as himself, if he is an individual or one of his employees or one of the partners in case of a and estate agent firm, or one of the directors in the case of a company, or one of the members of the managing committee in case of a co-operative society, as the case may be,Certifica te of registrat ion.

(a) (b)

(c) (d) (e) (f)

(g) (h)

should not be less than eighteen years of age; should have at least five years experience in the field of development of colonies or construction of buildings whether as a construction engineer, architect, a town planner or as a contractor; should not be an undischarged insolvent; should not be of an unsound mind;should not have been black-listed by any authority under any law for the time being in force; should not have been convicted of an offence under the Act or under any law involving moral turpitude, or, if convicted a period of five years has elapsed since his conviction. Should not be in the employment of the Government or a State undertaking or a local authority; and Should not have been dismissed from the service of a Government or a State Undertaking or a local authority;

(2) In case the application is for registration as an estate agent, the applicant,(a) (b) (c) (d) (e) (f) should not be less than eighteen years of age; should not be in the employment of the Government or a State undertaking or a local authority; should not have been dismissed from the service of a Government or a State Undertaking or a local authority; should not be an un-discharged insolvent; should not be of an unsound mind; should have atleast one years experience as an estate agent; and

(g)

should not have been convicted of an offence under the Act or under any law involving moral turpitude, or, if convicted a period of five years has elapsed since his conviction.

(3) The application for registration of promoter shall be accompanied by an undertaking that while executing the project, the promoter shall engage the services of qualified technical experts namely Construction Engineer and Architect/ Town Planner till the completion of project. (4) The applicant shall furnish to the competent authority a bank guarantee or security of fifty thousand rupees for registration as an estate agent. 25. The fee for renewal of registration as a promoter or an estate agent, shall be the same as is payable, under rule 23 for granting the certificate or registration: Provided that the application is made in Form APR-XIV in the case of a promoter and in Form APR-XV in the case of an estate agent at least three months before the expiry of the period of certification of registration. 26. (1) Every registered promoter shall maintain,(a) a separate ledger account of each of the allottees of the apartment or plot specifying the name and postal address of the allottees, amount realized from each apartment owner or plot holder; accounts showing the details of expense incurred by him on constructing the buildings or apartments or on development works in the colony with the details thereof in accordance with the provisions of section7; and a register in Form XVI containing the details of plots or apartments sold by him to the allottees, date of the agreement of sale of such plots or apartments, details of the payment of the sale price and date of handing over the possession and execution of the conveyance deed.
Form and manner of maintaining accounts and registers and records. Fee for renewal of registration

(b)

(c)

(2) Every Estate Agent shall maintain a Register in Form APR-XVII indicating category of plot and apartment, area of plot and apartment, name and address of sellers and buyers consideration money, date of sale and registration of sale deed. (3) The competent authority shall maintain registers inform APR-XVIII showing particulars of all cases in which licence under sub-section (3) of section 5 is granted or refused and in Form APR-XIX and APR-XX showing the particulars of all cases in which certificate of registration is granted or refused to promoters and estate agents respectively under section 19. 27. (1) Every promoter and estate agent shall get his accounts audited after the Audit close of every financial year by a Chartered Accountant and shall furnish a statement of accounts duly certified and signed by such chartered account alongwith the audit report to the competent authority within a period of six months of the close of the financial year. (2) While auditing the accounts, the Chartered Accountant shall also verify that amounts collected by the promoter for a particular purpose have not been utilized for any

other purpose as provided in section 7 and a certificate to that effect shall be recorded by the Chartered Accountant and a copy of the certificate so recorded, shall be sent by the promoter to the competent authority. 28. (1) The promoter shall furnish to the competent authority six months return in Form APR-XXI, showing the amount received from the prospective allottees of apartments and plot holders during that period, and amount spent on construction of apartments and on the development of plots, and the balance amount deposited in a bank for development works in the colony or for construction of apartment or for apartments constructed and sold, plots developed and sold and apartments under construction and colonies under development. (2) The estate agent shall furnish annual return to the competent authority in Form APR-XXII within a period of three months of the close of Financial Year indicating the names and addresses of the sellers and purchasers of the plots and apartments and dates of execution of conveyance deeds. 29. The Development Funds shall, in addition to the purposes specified in subsection (4) of section 30, also be utilized for,(i) the upgradation and modernization of technology in town planning, housing and urban affairs; (ii) providing training facilities in urban management, housing and town and country planning; and (iii) organizing and participating in seminars, workshops and conferences on town and country planning, housing, urban affairs and urban management within and outside the country. 30. An appeal against an order of the competent authority under the Act, shall be preferred in writing, signed by the appellant or his duly authorized agent before the appellate authority as provided under section 31 of the Act and shall be accompanied by the following documents, namely:(i) (ii) (iii) (iv) a certified copy of the order appealed against; a precise statement of the facts of the case; statement of facts and law in support of the case; and any other material document of evidentiary value relied upon.
Form and manner of filing appeal. Utilisation of Development Fund. Returns

FORM APR-I (See rule 10 (1) FORM OF APPLICATION FOR THE GRANT OF A LICENCE

To The Competent Authority ---------------------------------------------------------Affix latest stamp size photograph duly attested

Sir, I/We beg to apply for the grant of licence to set up a residential/ commercial colony at ______________________Tehsil______________District__________State________________. The requisite particulars are as under:(i) (ii) Status of the applicant, whether individual/ firm/ co-operative society/ company. In case of individual(a) (b) (c) (d) (iii) Name Fathers Name Occupation Permanent address

In case of Firm/ Co-operative Societies/ Companies (a) (b) (c) (d) (e) Name Address Copy of registration certificate Major activities Name and address of Partners/ Chief Executive/ Full time Directors.

(iv) (v) (vi)

Whether applicant is income tax payee/ assessee, if so, given PAN No.----------------------Name and address of the bank or banker with which account in terms of section 9 will be maintained----------------------------------------: Particulars about financial position(a) Latest audited accounts in the case of company/ firm/ co-operative society; and (b) Furnish income tax return of last 3 years. Details of immovable property held by the applicant---------------------------------------------.

(vii)

(viii) Whether the applicant had ever been granted permission to set up a colony under any other law, if so; details thereof. (ix) Whether the applicant has every established a colony or is establishing a colony and if so; details thereof----------------------------. (x) Agency to take up external development works------------------------------Local Authority Self Development Authority. (xi) Agency to take up internal development works-------------------------------- Local Authority Self Development Authority. (xii) Any other information the applicant may like to furnish. 2. (i) I/we enclose the following documents in triplicate, namely:-

Copy or copies of all the title deeds and other documents showing the interest of the applicant in the land under the proposed colony alongwith a list of such deeds and other documents and if the land is owned by another person, the consent of owner of such land to the development of the colony or construction of the building; (ii) A copy of the shajra plans showing the location of the colony alongwith the name of the revenue estate, Khasra numbers of each field and the area of each field; (iii) A guide map on a scale of not less than 10 cm to one km. showing the location of the colony in relation to surrounding geographical features to enable the identification of the land; (iv) A survey map of the land under the colony on a scale of not less tan 1:1000 showing the spot levels at a distance of thirty metres and where necessary contour plans showing the boundaries and dimensions of the said land, the location of streets, buildings and premises within a distance of atleast thirty metres of the said land, existing means of access to and from existing roads; (v) Layout plan of the colony on a scale of not less than 1:1000 showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots reserved for the economically weaker section of the society, sites reserved for open spaces, community buildings and schools with area of each and proposed building lines on the front and sides of plots; (vi) An explanatory note explaining the salient features of the proposed colony, in particular the sources of the water supply, arrangement and site for disposal and treatment of storm water and sullage water; (vii) Plan showing the cross sections of the proposed roads, indicating in particular width of the proposed carriage way, cycle, track and footpaths, green verges, position of electric poles, telephone poles and of any other works connected with such roads; (viii) Plans as required under clause (vii) indicating in addition the position of the sewer, storm water channels, water supply and other public health services; (ix) Detailed specifications and structural design of apartments with the estimated cost; (x) Detailed specifications and designs of road work as shown in clause (vii) and estimated cost of each component with cost analysis of each component thereof; (xi) Detailed specifications and designs of storm water and water supply scheme with estimated cost of each component with cost analysis of each component; (xii) Detailed specifications and designs for disposal and treatment of storm and sullage water and estimated cost of each component with cost analysis of works; (xiii) Detailed specifications and designs of electric supply including street lighting; and estimated cost of each component with cost analysis; (xiv) Names and qualification of engineers and the consent to execute the development work where the promoter himself is to execute such works; and

(xv)

The applicant shall, affix on the space provided for the purpose a latest stamp size photograph duly attested by any gazetted officer or Magistrate and also add two attested copies of the same with this form for official use. I/We enclose further the following documents, namely:LICENCE

3.

(i) (ii)

(iii)

Demand Draft No.----------------dated-----------------------for Rs.--------------------------Drawn on ---------------------------------------bank. A copy of the latest statement of annual accounts duly audited by a Chartered Accountant in the case of a company or a firm or a co-operative society and disclosure of the account maintained alongwith the name of the bank in the case of an individual; and Income tax clearance certificate issued by the Income Tax authorities.

4. It is further submitted that I /we may be exempted from providing the following amenity or amenities in the proposed colony and an explanatory note in triplicate alongwith plans marked A.B.C. (so on) as to why the said amenity or amenities are not required to be provided in the colony is enclosed 5. I/We solemnly affirm and declare that the particulars given in para 1 are correct to the best of my/our knowledge and belief. Dated: Place:

Yours faithfully,

Signature of applicant(s) alongwith full name(s)

FORM APR-II (See rule 11 (3) FORM OF NOTICE FOR CALLING UPON THE APPLICANT TO FULFIL CONDITIONS From:

The competent Authority, ---------------------------------------------------------------------------To --------------------------------------------------------------------------------------------------------------------Memo No:---------------------------Dated:

Reference your application dated--------------------for the grant of licence to set up a colony at -------------------------------------Tehsil------------------District------------------------------.

It is proposed to grant licence to you for setting up a colony at ------------------------Tehsil--------------------------District---------------------------------. You are,

therefore, called upon to fulfill the conditions laid down in rule 12 of the Himachal Pradesh Apartment and Property Regulation Rules, 2005 within a period of thirty days from the date of the service of this office.

Competent Authority

FORM APR-III (See rule 11 (4) FORM OF REFUSAL TO THE APPLICANT TO GRANT LICENCE From: The competent Authority, ----------------------------------------------------------------------------

To --------------------------------------------------------------------------------------------------------------------Memo No:---------------------------Dated:

Reference your application dated--------------------for the grant of licence.

2. It is regretted that the grant of licence is refused for the reasons given below:_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

Competent Authority Place:----------------------Dated-----------------------

FORM APR-IV (See rule 12 91) (b) and condition No. (ii) of the Licence in Form APR-V) FORM OF AGREEMENT BY A PRROMOTER TO SET UP A COLONY This agreement made on the -------------day of ---------------two thousand and ---------------------------------------------between---------------------------------------(hereunder called the Promoter which term shall include his heirs, legal representatives, successors and assigns) on the one part and the competent authority of the other part; Whereas the competent authority has agreed to grant a licence to the Promoter, for setting up a colony at --------------------------Tehsil---------------District-------------------------- subject to the conditions that the Promoter shall enter into an agreement with the competent authority for carrying out, completion and maintenance of development works in the colony in accordance with the licence granted to him.

Now this deed witnesseth as follows:I. In consideration of the competent authority having agreed to grant licence to the Promoter to set up the colony or building on the land mentioned in the Schedule hereto, the Promoter hereby covenant as follows:(a) to maintain a separate account in any Scheduled Bank of all sums taken by him from the person intending to take or who have taken the plot or building as advance or deposits towards sale price or for any other purpose as required under section 7 and utilize this amount for meeting the cost of development works in the colony and shall on demand in writing, by the competent authority , make full and true disclosures of all transactions in respect of that account; that the promoter shall pay development works/ charges, if the main lines on roads, drainage, sewerage, water supply and electricity are to be laid out and constructed by Himachal Pradesh Housing and Urban Development Authority or any Local Authority; that the Promoter shall be responsible for the upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of completion certificate under the building bye-laws unless earlier relieved of this responsibility and thereupon shall transfer such roads, open spaces, public parks and public health services to the local authority or institutions, as the case may be; that the Promoter shall construct or get constructed at his own cost schools, hospitals, community centers and other community buildings on the land set apart for this purpose or transfer such land to the local authority or institution at any time on payment of actual cost of development of land; that the Promoter shall permit the competent authority or any other officer authorized by it to inspect the execution of layout and development works in the colony during office hours and carry out all directions issued by it for ensuring due compliance of execution of layout of development works in accordance with the licence granted; and that without prejudice to anything contained in this agreement, all the provisions of the Act and the rules and bye laws made thereunder, shall be binding on the Promoter.

(b)

(c)

(d)

(e)

(f)

2. Provided always and it is hereby agreed that if the Promoter commits any breach of the terms and conditions of this agreement or violate any provisions of the Himachal Pradesh Apartment and Property Regulation Act, 2005 or the rules and bye-laws made thereunder, then, and in any such case, and notwithstanding the waiver of any previous cause or right, the competent authority may, revoke the licence granted to him. 3. That stamp and registration charges on this deed shall be borne by the Promoter. In witness thereof the Promoter and the competent authority have signed the deed on the day and year first above written.

COMPETENT AUTHORITY

THE PROMOTER

1.

Witness-------------------------------Dated------------------

2.

Witness------------------------------- Dated------------------

Licence No:___________________ FORM APR-V (See rule 13 (1) FORM OF LICENCE This licence is granted under section 5 (3) of the Himachal Pradesh Apartment and Property Regulation act, 2005 to(A) in the case of an individual, Shri __________________________son of Sh ___________ ________________________________Tehsil______________District______________State___ _______________________; and : in the case of a firm/ co-operative society/ company______________________________ to ______________________firm/ co-operative society/ company__________________ having its headquarters at _____________________Tehsil_________________________ District____________________ for developing land as residential/ commercial colony at ______________________________Tehsil_______________________ District_______ State_____________________ This licence is granted subject to the following conditions, namely:(i) The design and the specification of the development works to be provided in the colony shall include:-

(B)

(a) (b) (c) (ii)

metaling of roads and paving of footpaths, in accordance with the Himachal Pradesh Public Works Department specifications prevailing at relevant time. Turning and plantation of trees; and Street lightings.

The licensee shall enter into an agreement with the competent authority in Form APR-IV within a period of thirty days of the grant of licence. (iii) The promoter shall deposit with the Competent Authority service charges under section 30 of the Himachal Pradesh Apartment and Property Regulation Act, 2005 failing which the licence granted to him under the Act shall be deemed to be cancelled. (iv) In the layout plan of the colony, the land reserved for roads, open spaces, schools, public and community buildings and other common uses shall not be less than ____________ per cent of the gross area of the land under the colony. (v) The licensee shall not contravene the provisions of any other law for the time being in force in the area where the colony is being developed. (vi) The Promoter shall maintain a separate account in any Schedule Bank of sums taken by him from persons intending to take or who have taken the apartments or plots, as advance to wards the sale price or for any other purpose or deposit and shall disburse the money for meeting the cost of development works, and shall on demand, in writing by the competent authority, make full and true disclosure of all transactions in respect of that account. (vii) The licence is valid for a period of three years commencing from _____________and ending with _________________________________and the licensee shall complete the development works within that period failing which penalty of rupees ten thousand and rupees fifteen thousand per hectare for the fourth and fifth year respectively shall be imposed in addition to the renewal fee. (viii) The licensee shall comply with the provisions of the Himachal Pradesh Apartment and Property Regulation Act, 2005 and the rules/ bye-laws/ regulations made thereunder. (ix) Promote shall provide at least seventy percent jobs to bonafied Himachalis. Dated: Place: Signature of competent authority

Serial Number 1. 2. 3 4 5 6 7

Date of renewal

Date upto which renewed

Signature of competent Authority

8 9 10

FORM APR-VI (See rule 14 (1) FORM OF APPLICATION FOR RENEWAL OF LICENCE From: -----------------------------------------------------------------------------------------------------------------To The Competent Authority -----------------------------------------------------------------------------Sir, I/ We beg to apply for renewal of licence No._______________which expires on _________________________________ As required I /we submit the following documents information, namely:(i) (ii) (iii) (iv) (v) (vi) A demand Draft No._____________dated___________for rupees________ drawn on _______________bank as renewal fee; A bank guarantee for a sum of rupees_______________________ (existing bank guarantee renewed or fresh bank guarantee); Plan of the colony showing the stage of development works undertaken till date; Explanatory note regarding the stage of development works and reason for not completing the development works within the stipulated period; The original licence; and Any other information

Yours faithfully Place:----------------------Dated----------------------Applicant (s)

FORM APR-VII (See rule 14 (3) FORM OF INTIMATION FOR REJECTION OF APPLICATION FOR RENEWAL OF LICENCE From: The competent Authority, ---------------------------------------------------------------------------To --------------------------------------------------------------------------------------------------------------------Memo No:---------------------------Dated, the____________________

Reference your application dated the_______________for the renewal of licence No.___________________________

2. It is regretted renewal of licence No._________________is rejected for the reasons given below:- the reasons given below:_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

Competent Authority

Place:----------------------Dated-----------------------

FORM APR-VIII (See rule 16) FORM OF AGREEMENT OF SALE The agreement of sale made this________________day of _________________ between Promoter namely________________holder of licence No.____________________ dated______________ for setting up colony namely______________on land measuring __________________bearing Khasra No.________________at village______________of hadbast No._________________(hereinafter called the Promoter which expression shall include his heirs, legal representatives, successors and assignees) of the one part AND Shri/ Smt. /Kumari_____________________ Son/ Wife/ Daughter of Shri_________________ resident of House No.______________City________Tehsil____________District_____________________ State_______________(hereinafter called the intending purchaser which expression shall include legal heirs, executive administrators, legal representatives and assigns) of the other part. Whereas the Promoter intends to construct or has constructed a building or apartment in _______________colony at________________which are to be sold on ownership basis; or Whereas the Promoter intends to offer for sale of plots in_______________ colony at ______________Tehsil______________District____________State____________ And whereas the intending purchaser has separately applied for purchase of an apartment/ plot in the ________________colony at ________________and has deposited the earnest money of rupees ____________________with the Promoter. Now this agreement witnesses as follows:The Promoter agrees(A) (i) In the case of apartmentthat if the building or apartments is to be constructed, the Promoter shall construct the building according to the plans and specifications approved by the Authority, which is competent so to do under any law for the time being inforce; that the possession of the apartment shall be handed over to the intending purchaser by _____________________________________ that the area of the apartments including the area of the balconies shall be, as shown in the plan appended to this agreement, as Annexure_______________________. That the price of apartment (inclusive of the price of the common area and facilities) shall be ____________________________________

(ii) (iii) (iv)

(v)

That the association to be constituted for the administration of the apartments shall consist of ____________________. (vi) That the nature, extent and description of the common areas and facilities and the limited common area and facilities shall be as shown in Annexure-I to this agreement. (vii) That the percentage of undivided interest in the common areas and facilities, and in the limited common area and facilities, if any, appertaining to the apartments, agreed to be sold shall be the ratio of the built up area of the apartments to the total built up area of the apartment. (viii) That the apartment shall be used for the purpose _________________________and not for any other purpose. (B) (i) (ii) (iii) (iv) In the case of plotthat the possession of the plot shall be handed over to the intending purchaser by ____________________________ that the area of the plot is _______________square meters and the price of the plot is ______________________. That the plot shall be used for the purpose of _____________________and for no other purpose. That the certificate of title to the land having been duly certified by an Assistant Collector First Grade or Second Grade as the case may be, as required under clause (a) of sub-section (2) of section-3, has been obtained, and appended with the agreement as Annexure-I. That a certified copy of the revenue record showing the nature of the title of the Promoter to the plot or the land on which the building or apartments is constructed or to be constructed is appended with the agreement as Annexure-II. That the plans and specifications of the apartments as approved by the Authority which is required so to do under any law for the time being inforce, are appended to this agreement as Annexure-III.

(v)

(vi)

In witness whereof the parties hereto have signed this agreement on the date and year respectively mentioned against their signatures. Signature of the Promoter Witness Dated Witness Dated Witness Dated Witness Dated Signature of the intending purchaser

FORM APR-IX (See rule 20) FORM OF APPLICATION FOR ENFORCING CONVEYANCE DEED To The Competent Authority _______________________________ _______________________________ Sir, I /We beg to apply for issuing a certificate to be produced before the registering authority concerned for enforcing the registration of conveyance deed of the apartment or plot in my /our name in pursuance of the agreement of the sale made between the promoter and me/us. 1. 2. 3. 4. 5. 6. 7. Name Fathers Name Address for correspondence Number and location of Apartment or plot Area of Apartment or plot under possession of applicant ( in square metres) Consideration money paid Details of agreement of sale (Enclose copy of the agreement of sale) (a) (b) (c) (d) Name of Promoter; Date of agreement; Name and designation of authority verifying or certifying the agreement Any other particular. Yours faithfully,

( Dated: Place:

FORM APR-X (See rule 23 (1) FORM OF APPLICATION FOR CERTIFICATE OF REGISTRATION BY PROMOTER

To The Competent Authority ---------------------------------------------------------Affix latest stamp size photograph duly attested

Sir, I/We beg to apply for registration as a promoter under section 19 of the Himachal Pradesh Apartment and Property Regulation Act, 2005. My/ Our particulars are given below:1. 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Name---------------------------------------------------------------------------------------------------Fathers Name-----------------------------------------------------------------------------------------Address for correspondence------------------------------------------------------------------------------------------------------------------------------------------------Permanent Address ----------------------------------------------------------------------------------------------------------------------------------------------Status of the applicant; whether individual, firm or a company or a co-operative society Whether applicant is income tax payee/ assessee, if so, give PAN No.--------------------Details of immovable property held by the applicant, which shall be certified by Assistant Collector First Grade or Second Grade of the area concerned. Whether the applicant had ever been registered as promoter under any other law for the time being in force, if so, details thereof. Whether the applicant had ever been conducting business as a promoter, if so, details thereof. Whether the applicant had ever been conducting business as a promoter, if so, details thereof. Has the applicant ever been convicted by an offence under the Act or any other law involving moral turpitude, if so, has a period of five years elapsed since his conviction. Whether any relative of the applicant is employed in the Himachal Pradesh Town and Country Planning Department constituted under the Himachal Pradesh Town and Country planning Act, 1977. If so, particulars of the service alongwith present posting may be indicated. Any other information, the applicant desires to furnish.

13.

I/We enclose the following documents, namely:(i) (ii) (iii) (iv) Demand Draft No.-----------------------dated--------- for ---------------------(drawn on ----------------------------------------------------------bank) as the prescribed fee; Income tax clearance certificate. List of other documents; and The applicant shall, affix on the space provided for the purpose a latest stamp size photograph duly attested by any gazetted officer or Magistrate and also add two attested copies of the same with this form for official use.

I/We certify that the particulars given above are correct and true to the best of my/ our knowledge and belief. Dated: Yours faithfully,

Place: (APPLICANT)

FORM APR-XI (See rule 23 (1) FORM OF APPLICATION FOR CERTIFICATE OF REGISTRATION AS ESTATE AGENT

To The Competent Authority ---------------------------------------------------------Affix latest stamp size photograph duly attested

Sir,

I/We beg to apply for registration as AN Estate Agent under sub-section (1) of Section 19 of the Himachal Pradesh Apartment and Property Regulation Act, 2005. My /our particulars are given below:1. 2. 3. 4. 5. 6. 7. Name: Fathers Name Permanent Address: Address for correspondence: Status of the applicant, whether individual, firm or a Company or a Co-operative Society: Whether applicant is income tax payee/ assessee; if so, give income tax PAN No.____________ Whether the applicant has been registered as an Estate Agent under any other law for the time being inforce, if so, details thereof: Whether the applicant possess the requisite qualifications and experience as an Agent, if so, attach attested copies of the requisite certificate; and (ii) Whether the applicant is an employee of the Government or a State undertaking or a local authority, or a dismissed employee of the State Government or a State undertaking or a local authority. Has the applicant ever has been convicted of any offence under the Act, if so, has a period five years elapsed after that conviction. Whether any relative of the applicant is employed in the Himachal Pradesh Housing and Urban Development Authority constituted under the Himachal Pradesh Housing and Urban Development Authority act, 2004. If so, particulars of the service alongwith present posting may be indicated; and Any information the applicant desired to furnish:(i)

9. 10.

11.

I/We enclose the following documents, namely:(i) (ii) (iii) Demand Draft No.______________dated_____________for ________________ Drawn on_________________(bank) as the prescribed fee; Income tax clearance certificate; Stamped affidavit in a format as specified by the competent authority duly attested by the Magistrate First Class to the effect that Estate Agent is not related to any employees of the Himachal Pradesh Housing and Urban Development Authority constituted under The applicant shall, affix on the space provided for the purpose a latest stamp size photograph duly attested by any gazetted officer or Magistrate and also add two attested copies of the same with this form for official use.

(iv)

I/We hereby certified that the particulars given above are correct and true to the best of my/ our knowledge and belief.

Dated: Place:

Yours faithfully,

(APPLICANT)

FORM APR-XII (See rule 23 (2) FORM OF CERTIFICATE OF REGISTRATION AS PROMOTER

To ---------------------------------------------------------------------------------------------------------------------------------------Affix latest stamp size photograph duly attested

Registration Number_________________

Dated__________________________

The certificate of registration is hereby granted to (Name) ________________________son of ____________________resident of ___________________ for conducting business as a promoter for developing a colony and constructing apartments under the scheme framed by the Authority under the Himachal Pradesh Apartment and Property Regulation Act, 2005 and the rules made thereunder. (i) The certificate shall remain valid for a period of five years from the date of its issue.

(ii)

(iii) (iv)

It may be renewed on submission of fresh application alongwith prescribed fee provided that the application has been submitted three months before the expiry date of previous registration; The certificate shall be operative in the State of Himachal Pradesh; It will not be used for the purpose other than the purpose of conducting business as a promoter as specified under the Himachal Pradesh Apartment and Property Regulation Act, 2005 and the rules made thereunder,(a) the promoter has given any wrong information in his application for registration; (b) the promoter has been adjudicated as insolvent or is undercharged insolvent; or (c) the promoter has been convicted under the Act any other law involving moral turpitude; and (d) the promoter has contravened any of the terms and conditions of the certificate of licence or any of the provisions of the Act or the rules made thereunder.

Competent Authority

FORM-APR-XIII (See rule 23 (2) FORM OF CERTIFICATE OF REGISTRATION AS AN ESTATE AGENT

To ---------------------------------------------------------------------------------------------------------------------------------------Affix latest stamp size photograph duly attested

Registration Number_________________

Dated__________________________

The certificate of registration is hereby granted to (Name_________________________) son of _________________________resident of ______________Tehsil___________________ District _______________________State_________________ for conducting business as an Estate Agent under the Himachal Pradesh Apartment and Property Regulation Act, 2005 and rules made thereunder:This certificate is being issued subject to the following terms and conditions namely:(i) The certificate shall remain valid for a period of five years from the date of its issue.

(ii)

(iii) (iv)

(v)

It may be renewed on submission of fresh application alongwith prescribed fees; provided the application has been submitted three months before the expiry date of previous registration. The certificate shall be operative in the State of Himachal Pradesh only. It will not be used for the purpose other then the purpose of conducting business as an Estate Agent as specified under the Himachal Pradesh Apartment and Property Regulation Act, 2005 and the rules made thereunder:. The Competent Authority has the right to withdraw or cancel the certificate at any time during the tenure of registration, if it is found that the Estate agent.(a) (b) (c) has given any wrong information in his application for registration; or has been adjudicated as insolvent or is un-discharged insolvent; or has been convicted under the Act.

Competent Authority

FORM APR-XIV (See rule 25) FORM OF APPLICATION FOR RENEWAL OF CERTIFICATE OF REGISTRATION BY THE PROMOTER To The Competent Authority, ________________________________ ________________________________ Sir, I/ We beg to apply for renewal of certificate of registration number_______________________________ which expires on_______________ _________________________. I/We enclose the following documents, namely:(i) Demand Draft No. ____________________Dated_____________drawn on ___________________________Bank for rupees______________ as renewal fee; Income tax clearance certificate, if any. A bank guarantee or security for the sum of rupees__________________

(ii) (iii)

Yours faithfully,

(APPLICANT) Promoter Dated_________________ Place__________________

FORM APR-XV (See rule 25) FORM OF APPLICATION FOR RENEWAL OF CERTIFICATE OF REGISTRATION BY THE ESTATE AGENT To The Competent Authority, ________________________________ ________________________________ Sir, I/ We beg to apply for renewal of certificate of registration number_______________________________ which expires on_______________ _________________________. I/We enclose the following documents, namely:(i) Demand Draft No. ____________________Dated_____________drawn on ___________________________Bank for rupees______________ as renewal fee; (ii) Income tax clearance certificate, if any. (iii) A bank guarantee or security for the sum of rupees__________________

Yours faithfully,

(APPLICANT) Promoter Dated_________________ Place__________________

FORM APR-XVI (See rule 26 (1) FORM OF REGISTER TO BE MAINTAINED BY THE PROMOTER Serial Number of Number Plot/ Apartment Category of plot/ apartments whether residential or commercial or industrial 3 Area of To whom the plot/ plot/ apartment apartment is sold or agreed to be sold (full particulars to be given) 4 5 Date of agreement of sale of plot/ apartment Price fixed of plot/ apartment

Amount received as earnest money 8

Amount received as allotment money 9

Total columns 8 and 9

Amount received in installments (if any) 11

Total amount received as full payment of price) 12

Balance amount

Remarks

10

13

14

FORM APR-XVII (See rule 26 (2) FORM OF REGISTER TO BE MAINTAINED BY THE ESTATE AGENT

Serial Category of plot/ Number apartments whether residential or commercial or industrial 1 2

Details of Area of plot/ apartment or pot apartment with location etc.

Name and address of the seller

Name and address of the buyer 1

Date of sale 2

Amount of sale If sale deed executed the date and place of the execution of the sale deed 3 4

FORM APR-XVIII (See rule 26 (3) FORM OF REGISTER FOR KEEPING RECORD OF THE LICENCE GRANTED UNDER SECTION 5 OF THE ACT BY THE COMPETENT AUTHORITY Serial Number Name of licensee Address of licensee Description of colony for which licence has been issued 4 Fee paid Licence Number

Detail of Bank Date of issue of Date on which guarantee of licence licence expires security 7 8 9

Date of renewal Remarks with period of renewal 10 11

FORM APR-XIX (See rule 23 (3) FORM OF REGISTER FOR KEEPING RECORD OF THE REGISTRATION OF PROMOTER BY THE COMPETENT AUTHORITY Serial Number 1 Name of promoter Address of promoter Registration fee paid 4 Detail of bank guarantee or security 5

Registration Date of issue of Number certificate of registration 1 2

Date on which certificate of registration expires 3

Date of renewal Remarks

FORM APR-XX (See rule 23 (3) FORM OF REGISTER FOR KEEPING RECORD OF THE REGISTRATION OF ESTATE AGEMTS BY THE COMPETENT AUTHORITY
Serial Number Name of Estate Agent Address of Estate Agent Registration Date of Fee paid issue of certificate of registration Date on which certificate of registration expires Date and period of renewal of certificate of registration Remarks

FORM APR-XXI

(See rule 28 (1) FORM OF RETURN TO BE FURNISHED BY THE PROMOTER From ____________________________________ ____________________________________ ____________________________________ To The Competent Authority, ____________________________________ I furnish below the statement of amount received from the plot holders/ apartment owners during the six months from __________________ending with _____________________ and the amount deposited in account No._____________ Bank__________________________. Serial Name of Number allottee to whom plot/ apartment is being sold along with address 1 2 Particulars Opening balance of plot/ apartment Amount received during the period Amount Closing spent on the balance development works in the colony/ construction of apartment 6 7

FORM APR-XXII (See rule 28 (2)

FORM OF ANNUAL RETURN TO BE FURNISHED BY THE ESTATE AGENT Serial Number of Number plots/ apartments 1 2 Category of plot/ apartment whether residential/ commercial or industrial 3 Area of plot/ floor area of apartment 4 Name and address of the seller 5

Name of address of Price the purchaser apartment 6 7

plot/ Date of sale 8

Date of execution of conveyance deed 9

By order Sd/Director, Town & Country Planning Deptt., Himachal Pradesh, Shimla-9.

45

46