Published by Authority

5 · and 84 (2)(zf)

9 · and 84 (2)(c)

24 · and 84(2)(m)

25 · and 84(2)(m)

21 · Salary and allowances payable to and other terms and conditions of service of the officers and other employees of the Authority.Section 28(2) and 84(2)(o)

26 · Appeal and the fees payable.- (1) Every appeal filed under sub- section (1) of section 44 shall be accompanied by a fee of one thousand rupees in the form of a demand draft or a bankers cheque drawn on any scheduled bank in favor of the Appellate Tribunal and payable at the branch of that Bank at the station where the seat of the said Appellate Tribunal is situated. Section 44 and 84(2)(u)

35 · Terms and conditions and the fine payable for compounding of offence.- (1) The court shall, for the purposes of compounding any offence punishable with imprisonment under the Act, accept an amount as specified in the Table below:-

36 · Filing of complaint with the Authority and inquiry by the Authority.Section 31, 71

1 · 1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in para G;

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

1 · 3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments.

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

1 · 5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @_______% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter .

1 · 6 It is agreed that the Promoter shall not make any additions and alterations beyond the extent of 5 percent in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act.

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,

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

1 · 9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking/covered parking in basement/stilts shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and

1 · 10 It 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 ____________________ [Please insert the name of the relevant State Act, if any].

1 · 11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity , maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person.

1 · 12 The Allottee has paid a sum of Rs.____________________ (Rupees _____________________only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application, the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein:

2 · MODE OF PAYMENT .-

3 · COMPLIANCE OF LAWS RELATING TO REMITTANCES.-

3 · 1 The Allottee, if resident of outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules and Regulations made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which would enable the Promoter to fulfill its obligations under this Agreement. 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 of the Reserve Bank of India or any other applicable law . T The Allottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.

3 · 2 The 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 to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to 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 on 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 OR APARTMENT .-

7 · POSSESSION OF THE APARTMENT/PLOT .-

7 · 1 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 specifications, assures to hand over possession of the Apartment/Plot on ______________ , unless there is delay or

7 · 2 Procedure for taking possession.- The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment/Plot, to the Allottee in terms of this Agreement to be taken within three months from the date of issue of such notice and the Promoter shall give possession of the Apartment/ Plot to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter . T The Allottee agrees to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within_____________ days of receiving the occupancy certificate of the Project.

7 · 3 Failure of Allottee to 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 Agreement, and the Promoter shall give possession of the Apartment/Plot to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable.

7 · 4 Possession by the Allottee.- After obtaining the occupancy certificate* and handing over physical possession of the Apartment/Plot to the Allottees, it shall be the responsibility of the Promoter to 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.

7 · 5 Cancellation by Allottee.- The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act:

7 · 6 Compensation.–

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, the Allottee is entitled to the following:-

9 · 3 The Allottee shall be considered under a condition of default, on the occurrence of the following events:-

10 · CONVEYANCE OF THE SAID APARTMENT

11 · MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT .-

12 · DEFECT LIABILITY. Y.-

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

14 · RIGHT TO ENTER THE APARTMENT FOR REPAIRS.-

15 · USAGE.-

16 · GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT .-

17 · COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY ALLOTTEE.-

18 · ADDITIONAL CONSTRUCTIONS.-

19 · PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE.-

20 · THE PUNJAB APARTMENT OWNERSHIP ACT, 1995.-

21 · BINDING EFFECT .-

22 · ENTIRE AGREEMENT .-

23 · RIGHT TO AMEND.-

24 · PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES.-

25 · WAIVER NOT A LIMITATION TO ENFORCE.-

25 · 1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees.

25 · 2 Failure on the part of the Promoter to 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 of the right thereafter to enforce each and every provision.

26 · SEVERABILITY. Y.-

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

28 · FURTHER ASSURANCES.-

29 · PLACE OF EXECUTION.-

30 · NOTICES.-

31 · JOINT ALLOTTEES.-

32 · GOVERNING LAW. W.-

33 · DISPUTE RESOLUTION.-

1 · Signature __________ Name ____________Address ____________

2 · Signature __________ Name ____________Address ____________