Uttar Pradesh Shashan AvasEvamShahriNiyojan Anubhag-3

1 · -(1) These rules may be called the ' Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016. '

2 · -(1) In these rules, unless the context otherwise requires, -

3 · -(1) The promoter shall furnish the following additional information and documents, along with those specified under the relevant sections of the Act, for registration of the real estate project with the regulatory authority namely:-

4 · -(1) Upon the notification for commencement of sub-section (1) of section 3, promoters of all ongoing projects which have not received completion certificate shall, within the time specified in the said subsection, make an application to the authority in the form and manner provided in Rule 3.

5 · -(1) For the purposes of sub-clause (D) of clause (l) of sub-section (2) of section 4, the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease charges and will include the charges incurred to obtain the approval of the competent authority.

6 · -(1) Upon the registration of project as per section 5 read with Rule 3, the authority shall issue a registration certificate with a registration number as per Form ' C ' to the promoter.

7 · -(1) The registration granted under section 5, may be extended as per section 6, on an application made by the promoter in Form ' E ' which shall not be less than three months prior to the expiry of the registration granted.

8 · Upon the revocation of registration of a project as per section 7 the regulatory authority shall inform the promoter about such revocation as per Form ' D ' .

9 · -(1) Every real estate agent required to register as per sub-section (2) of section 9 of the Act shall make an application in writing to the Regulatory Authority as per Form ' G ' along with the following documents, namely:-

17 · -(1) The regulatory authority shall consist of a Chairperson and three wholetime Members to be appointed by the Government.

18 · -(1) Subject to the provisions of section -26 of the Act the Chairperson and Members of the authority shall be entitled to draw salaries, as are admissible to the Chief Secretary.

19 · -The administrative powers of the Chairperson of the regulatory authority shall include making decisions with regard to the following:

24 · -For the purpose of sub-section (2) of section 40, every order passed by the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the adjudicating officer, regulatory authority or the Appellate Tribunal in the same manner as if it were a decree or order made by the principal civil court in a suit pending therein and it shall be lawful for the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.

25 · -(1) Every appeal filed under subsection (1) of section 44 shall be accompanied by a fee of rupees one thousand in favour of the Appellate Tribunal.

27 · -(1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows:

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29 · -(1) The conditions of service of the officers and employees of the Authority and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Government and drawing the corresponding scales of pay;

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

31 · -The administrative powers of the Chairperson of the Appellate Tribunal shall include making decisions with regard to the following:

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33 · -(1) Any aggrieved person may file a complaint with the regulatory authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer, as per Form ' M ' which shall be accompanied by a fee of rupees one thousand in the form of a demand draft drawn on a nationalized bank in favour of regulatory authority and payable at the main branch of that bank at the station where the seat of the said regulatory authority is situated.

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