98186774 947 /39

98186774 · 947 /39

4 · in case of group housing project- five rupees per square metre for projects where the area of land proposed t0 be developed does not exceed one thousand square meters; or rupees ten per square meter for projects where the area of land proposed t0 be developed exceeds one thousand square meters. but shall not be more than five lakhs rupees: (h) i case Of mixed development (residential and commercial) project: ten rupees per square melcr for projects Where lhe area of land proposed t be developed does not exceed one thousand square meters: Or fifteen rupees per square meter for projects where the area of land proposed Ia be developed exceeds one thousand square meters, but shall nor be more than seven lakhs rupees: (c) in case of commercial projects [wemty rupees per square meter for projects where the area of land proposed t0 be developed does not exceed one thousand square meters; Or Iwenty five rupees per square meter for projects where the area of land proposed to be developed excceds one thousand square meters, but shall not be more than ten lakhs rupees; (d in casc 0f plotted development projects five rupees per square meter; but shall not be more than (WO lakhs rupees The declaration t0 be submitted under clause (I) of sub-section (2) of section 4 of the Act shall be &s per Form B' which shall include & declaration stating that the promoter shall not discriminate against any alloltee at the time of allotment of any apartment, plot or building; as the case may be. (5) In case the promoter applies for withdrawal of application for registration of the project before the expiry of thc period of 30 days provided under sub-section ( T) of section 5 registration fee t0 the extent of ten percent paid under sub-rules (3) above, or rupees fifty thousand whichever is more. shall be retained as processing fee by the regulatory authority and the remaining amount shall be refiinded t0 the promoter within thirty days from the date of such withdrawal, Disclosure by promoters of ongoing projects - (1) Upon the notification for commencement of sub-section (1) of section 3 , promoters of all ongoing projects which have not received occupancy certificate shall, within the time specified in the said sub-section; make an application to the Regulatory Authority in the form and manner provided in rule 3_ (2) The promoter shall disclose all project details 2s required under the Act and the rules and regulations made thereunder, ineluding the status of the project and the extent of completion including original sanctioned plan, layout plan and specification and subsequent modifications carried Qul, if any The promoler shall disclose the original time period disclosed to the allottees for completion of the project at the time of sale including delay. This information shall be certified by an engineer; an architect and chartered accountant in practice. (3) The promoter shall disclose the size of the apartment based on carpet area even if earlier sold on any other basis such as super area, super built up area, built up area etc . which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent The promoter shall declare total amount of money collected from allottees and tolal amount of money used for development of the project including the total amount of balance money lying with the promoter. (4) In case of plotted development the promoter shall disclose the area of the plot being sold IO the allottees as per the layout plan, Cost of land and construction - (I) For the purposes of sub-clause (D) of clause (V) of sub- section (2) of section 4,the land cost shall be the cost incurred by the promoter; whether a5 an outright purchase, lease charges etc (2) For the purposes of sub-clause (D) of clause (W) of sub-section (2) of section 4 the construction cost shall be the cost incurred by the promoter, towards the on-site expenditure for the physical development of the project:

2 · such other information and documents, as may be speci fied by regulations.

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19 · Manner Of selection of chairperson and members of the Authority _ (1) As and when vacancies 0f" Chairperson or a Member in the regulatory authority exist Or arise, Or are likely to arise, the appropriate Government may make a reference t0 the Selection Committee in respeet of the vacancies [0 be filled.

20 · Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the regulatory autbority. (1) The salaries and allowances payable. to the Chairperson and Members 0f" te: regulatory authority shall be as follows: (2) The Chairperson shall be paid consolidated monthly salary ol two lakh fifty thousand rupees and they shall not be entitled t0 any allowance relating to house and vehicle; (b) 'The whole-time Member shall be paid 4 consolidated monthly salary of two lakh rupees and they shall not be entitled t0 any allowance relating to house and vehiele; (c) Every part-time member, who is not & servant of the Government shall be paid 4 sitting fee for each day he attends the meetings of the regulatory authority as may be determined by the appropriate government, from time t0 time and the; shall not be entitled to any allowance relating to house and vehiele.

21 · Administrative powers of the Chairperson of the regulatory authority The administrative powers 0f" the Chairperson of the regulatory authority shall include making decisions with regard t0 the following: (a) all matters pertaining I0 staff strength, wages and salaries structures, emoluments; perquisites and personnel policies; (b) all matters pertaining I0 creation and abolition of posts: (c) all matter pertaining t0 appointments. promotions and confirmation for all posts; (d) acceptance Of resignations by any Member; officer or employee: (c officiating against sanctioned posts: authorization 0f" tourS [o be undertaken by any Member; officer or employee: within and outside India and allowance t0 be granted for the same: (E) all matters in relation [0 reimbursement of medical claims; (h) all matters in relation t0 grant or rejection 0f leaves. (i) permission for hiring of vehicles for official use; (j) nominations for attending seminars conferences and training courses in India or abroad (k) permission for invitation of guests to carry Out training course; all matters pertaining t0 staff welfare expenses; (m) sanction scrapping or write-off 0l' capital assets which due to normal wear and tear have become unserviceable Or are considered beyond economical repairs; (n) all matters relating [0 disciplinary action against any Member, officer Or employee; (0) any other powers that may be required for the efficient functioning of the Authority and enforcement of the provisions of the Act and these Rules.

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10 · grant 0f registration within the time prescribed under sub-section (1) of section 5, namely

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1 · 2The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only Total Price") (Give break up and description):

1 · 4The Allottee(s) shall make the payment as per the payment plan set OUt in Schedule € ("Payment Plan" )

1 · 7[Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet

1 · 8Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment Plot] as mentioned below:

1 · lOIt is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project; namely shall not form a part of the declaration to be filed with [Please insert the name of the concerned competent authority] to be filed in accordance with the

2 · MODE OF PAYMENT Subject to the terms of the Agreement and the Promoter abiding by the construction milestones, the Allottee shall make all payments, on demand by the Promoter; within the stipulated time as mentioned in the Payment Plan through A/ € Payee chequeldemand dralt or online payment (as applicable) in favour of payable at 3.COMPLIANCE OF LAWS RELA TING TO REMITTANCES

3 · 1The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Acl 1999. Reserve Bank of India Act and Rules and Regulations madc thereunder Or" any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance 0f payment acquisition/saleltransfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which would enable the Promoter t0 fulfill its obligations under this Agreememt Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act; 1999 or statutory enactments or amendments thereof and the Rules and Regulations 0f the Reserve Bank 0f India or any other applicable law_ The Allottee understands and agrees that in the event of any failure on hishher part t0 comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall

3 · 2The Promoter accepts no responsibility in this regard The Allottee shall keep the Promoter fully indemnified and harmless in this regard Whenever there is any change in the residential status of the Allottee subsequent t0 the signing of this Agreement; it shall be the sole responsibility of the Allottee t0 intimate the same in writing t0 the Promoter immediately and comply with necessary formalities if any under the applicable laws. The Promoter shall not be responsible towards any third party making payment remittances Onl behalf' of any Allottee and such third party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Promoter shall be issuing the payment receipts in favour of the Allottee only.

4 · ADJUSTMENT/APPROPRIATION OF PAYMENTS

5 · TIME IS ESSENCE

6 · CONSTRUCTION OF THE PROJECT/ APARTMENT The Allottee has scen the speeifications of the [ApartmentPlot] and accepted the Payment Plan, floor plans, layout plans [annexed along with this Agrecment] which has been approved by the competent authority, as represented by the Promoter; The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specif fications. Subject to the terms in this Agreement; the Promoter undertakes t0 strietly abide by such plans approved by the competent Authorities and shall also strictly abide by the bye-laws, FAR and density norms and provisions prescribed by the regulation [esllaws_@pplicable_to_the_State_of_Assam [Please insert the relevant State laws] and shall not have an option to make any variation /alteration modification in such plans: other than in the manner provided under the Act; and breach of this term by the Promoter shall constitute a material breach ofthe Agreement

7 · POSSESSION OF THE APARTMENT/PLOT

7 · Schedule for possession of the said (Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Plot] is the essence of the Agreement The Promoter. based on the approved plans and specil fications, assures [0 hand over possession of the [ApartmentPlot] on unless there is delay or failure due to war; flood, drought; fire, cyclone, carthquake Or any Other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure' Ic however. the completion of the Project is delayed due t0 the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled t0 the extension of time for delivery of possession of the [ApartmentPlot], provided that such Force Majeure conditions are nOt of a nature which make it impossible for the contract t0 he implemented. The Allottee agrees and confirms that; in the eveni it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date: Aftcr refund 0f the money paid by the Allottee, Allottee agrees that hel she shall not have any rights. claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement

7 · 3 Failure of' Allottee t0 take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter aS per clause 7.2, the Allottee shall take possession of the [Apartment Plot] from the Promoter by executing necessary indemnities; undertakings and such other documentation as prescribed in this Agreemenl, and the Promoter shall give posscssion of the [ApartmentPlot] t0 the allottee. In case the Allottee Tails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable t0 pay maintenance charges as applicable.

7 · 4 Possession by the Allottee After obtaining the occupancy certificate* and handing over physical possession of the [ApartmentPlot] t0 the Allottees; it shall be the responsibility of the Promoter t0 hand over the necessary documents and plans; including common areas; to the association of the Allottees or the competent authority, as the case may be, aS per the local laws.

8 · REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

9 · EVENTS OF DEFAULTS AND CONSEQUENCES

9 · 1 Subject to the Force Majeure clause. the Promoter shall be considered under a condition of Default, in the following events:

9 · 2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following: (i) Stop making further payments to Promoter a8 demanded by the Promoter: Il the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment; along with interest at the rate specitied in the Rules within forty-five days of receiving the termination notice:

9 · 3 The Allottee shall be considered under & condition of Default, on the occurrence of" the following events:

10 · CONVEYANCE OF THE SAID APARTMENT

12 · DEFECT LIABILITY

13 · RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES

4 · RIGHT TO ENTER THE APARTMENT FOR REPAIRS

15 · USAGE

16 · GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT: Subject to Clause [2 above, the Allottee shall, after taking possession, be solely responsible to maintain the [Apartment Plot] at his/her own cosi, in good repair and condition and shall not do or suffer to be done anything in or to the Building; or the [ApartmentPlot], or the staircases, lifts, common passages, corridors, circulation areas, atrium or the compound which may be in violation of any laws or rules of any authority or change or alter Or make additions to the [Apartment Plot] and keep the [Apartment/Plot], its walls and partitions; sewers, drains, pipe and appurtenances thereto or belonging thereto, in good and tcnantable repair and maintain the same in & fit and proper condition and ensure that the support, shelter etc. of the Building is not in any way damaged or jeopardized. The Allottee further undertakes, assures and guarantees that helshe would not put any sign- board name-plate , neon light, publicity material or advertisement material etc. on the face facade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas. The Allottees shall also not change the colour scheme of the outer walls Or painting of the exterior side of the windows Or carry out any change in the exterior elevation Or design. Further the Allottee shall not store any hazardous or combustible goods in the (ApartmentPlot] or place any heavy material in the common passages or staircase of' the Building: The Allottee shall also not remove any wall, including the outer and load bearing wall of the [Apartment/Plot]: The Allottee shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter and thereafter the association of allottees andor mnaintenance agency appointed by association of allottees The Allottee shall be responsible for any loss or damages arising Out of breach of any of the aforesaid conditions

17 · COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY ALLOTTEE

18 · ADDITIONAL CONSTRUCTIONS

20 · APARTMENT OWNERSHIP ACT (OF THE RELEVANT STATE) The Promoter has assured the Allottees that the project in its entirety is in accordance With the provisions of the [Please insert the name of the State Apartment Ownership] Act) . The Promoter showing compliance of various laws/regulations as applicable in

21 · BINDING EFFECT

22 · ENTIRE AGREEMENT

23 · . RIGHT TO AMEND

24 · PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE 1 SUBSEQUENT ALLOTTEES

25 · . WAIVER NOT A LIMITATION TO ENFORCE

25 · 1The Promoter may, at its sole option and discretion, without prejudice t0 its rights &s set oul in this Agreement; Waive the breach by the Allottee in not making payments aS per the Payment Plan including wai ing the payment of interest for delayed payment: It is made clear and s0 agreed by the Allottee that exercise of diseretion by the Promnoter in the case of' one Allottee shall not be construed t0 be a precedent and /or binding on the Promoter t0 exercise such diseretion in the case of other Allottees.

25 · 2Failure on the part of the Promoter t0 enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions Or 0f' the right thereafter tO enforce each and every provision.

26 · SEVERABILITY

27 · METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT

28 · FURTHER ASSURANCES

29 · PLACE OF EXECUTION

30 · NOTICES

32 · GOVERNING LAW

33 · . DISPUTE RESOLUTION

2 · That the said land is free from all encumbrances,

4 · That seventy per cent of the amounts realised by melpromoter for the real estate project from the allottees. from time to time; shall be deposited in a separate account to be maintained in a scheduled bank t0 cover the cost of construction and the land cost and shall be used only for that purpose.

5 · .. That the amounts from the separate account; to cover the cost of the project; shall be withdrawn in proportion t0 the percentage of completion ofthe project:

6 · That the amounts from the separate account shall be withdrawn after it is certified by " engineer, an architect and a chartered accountant in practice that the Withdrawal is in proportion to the percentage of completion of the project:

7 · That ! / promoter shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the proportion t0 the percentage of completion of the project.

8 · That / / promoter shall take all the pending approvals on time, from the competent authorities.

9 · That / / promoter have / has furnished such other documents as have been preseribed by the rules and regulations made under the Act.

10 · That | promoter shall not diseriminate against any allottee at the timne 0l allounent of a apartment; plot or building; as the case may be, on any grounds:

2 · Tls regustration IS granted subject t0 the following conditions. namely -

3 · . If the above mentioned conditions are not fulfilled by the promoter, the regulatory authority maY take necessary action against the promoter including revoking the registration granted herein, aS per the Act and the rules and regulations made thereunder:

3 · Wc pe` I0 apply for the grant of registration as a real estate agent f0 facilitate the sale or Furchase 0l any plol apartment Or building; as the case may be, in real estate projects registered " 'hc Unjon (erritory in terms 0f" the Act and the rules and regulations made Uhereunder,

2 · The requisite particulars are aS under:-

3 · Vwe enclose the following documents along with, namely -

2 · This registration is granted subject t0 the following conditions, namely:

3 · The registration is valid for 4 period of five years commencing from and with unless renewed by the regulatory authority in ending accordance with the provisions of the Act or the rules and regulations made thereunder: 4, If' the above mentioned conditions are not fulfilled by the real estate agemt;, the regulatory authority may take necessary action against the real estate agent ineluding revoking the registration granted herein; as per the Act and the rules and regulations made thereunder:

1 · This renewal of registration is granted under section 9 of the Act to (in the case of an individual) Mr IMs. son of Mr MMs Tehsil District

2 · This renewal of registration is granted subject (0 the following conditions, namely

3 · The registration is valid for & period of five years commencing from and ending with unless renewed by the regulatory authority in accordance with the provisions of the Act or the rules and regulations made thereunder. If the above mentioned conditions are not fulfilled by the real estate agent; the regulatory authority may take necessary action against the real estate agent including revoking the registration granted herein &S per the Act and the rules and regulations made thereunder.

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6 · , Reliefks) sought:

7 · Interim order, if prayed for:

8 · Matter not pending with any other court; ete.

10 · List of enclosures: (i) An attested true copy of the order against which the appeal is filed (ii) Copies of the documents relied upon by the appellant and referred to in the appeal (iii) An index of the documents

1 · Particulars of the complainant(s): (i) Name of' the complainant: (ii) Address of the existing office residence of the complainant: (iii) Address for service of all notices:

3 · Jurisdiction of the regulatory authority:

5 · . Relief(s) sought:

6 · Interim order, if prayed for:

7 · Complainant not pending with any Other court, ete::

8 · Particulars of bank draft in respect of the fee in terms of sub-rule ( 1) of rule 36; (i) Amount (ii) Nare of the bank on which drawn (iii) Demand drafl number

9 · List 0f enclosures: [Specify the details of enclosures with the complaint]

3 · . Jurisdiction of the Adjudicating Officer:

6 · Claim not pending with any Other court, etc The applicant further declares thut the matter regarding which this appeal has been made is not pending before any court of law Or any Other authority or any other tribunalls).

7 · Particulars of bank draft in respeet of the fee in terms of sub-rule ( 1) of rule 36: (iv) Amount (v) Vame of the bank on which drawn (vi) Demand draft number

8 · List of enelosures: [Specify the details of enclosures with the application]

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