THE ASSAM GAZETTE

3 · lnformatfon a nd documents to be furnished by the promoter fo r n·gistnttion of real esta ll' project.-

5 · . Cost of land and construction. -(1) For the purposes of sub-clause (D) of clause (I) of sub(2) of section 4 , the land cost shall be the cost incurred by the promoter, whether as an outright purchase, lease charges etc.(2) For the purposes of sub-clause (D) of clause (I) 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 physica l development of the project.

6 · . G rant or rejection of regi tration of the proj ect.(I) Upon the registration of a project as per section 5 read with rule 3 , the Regulatory Authority shall issue a registration certificate with a registration number as per Form ' C. to the promoter.

7 · . Extension of r egistration of the project .-( 1) The registration granted under sect10n 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.

9 · . Agreement for sale . -(I) For the purpose of sub-section (2) of section 13. the agreement for sale shall be in the fonn as per Anncxure 'A·.

15 · . Other fu nctions of a real estate agent.- The real estate agent shall provide assista111:e to enable the allottee and promoter to exercise their respcl!tivc rights and fullil their respective obligations at the time of booking and sale L)f plot, apanm1.:n: 0r building, as the case may be.

16 · . Details to be published on the website.· ( 1) For the purpose of clause (b) or section 34, the regulatory authority shall ensure that che following infom\ation shall be made available on its website in respect of each project registered:

1 · .-\ -\ J number of years of experience of the promoter or parent entity in real estate construction in the state/union territory;

1 · A . A Approval rece1' ed;

19 · Mano er of selection of chairperson and members of the Authority.-

2 · I . Administrative po\' er of the Chairperson of the regulatory authority.-

22 · Salary and allowances payable and other terms and conditions of service of the officers and other employees of the regulatory authority and experts and consultants engaged by the regulatory authority.-

23 · . Functio ning of the Authority . -( 1) The office of the regulatory authority sha ll be located at such place as may be determined by the appropriate Goverrunent by noti tication.

24 · . Additional powers of the Authority.- ( 1) ln addition to the powers specified in subsection (2) of section 35 the regulatory authority shall have the following additional powers:

1 · d :inan ial, technical and managerial capacity of the promoter to develop the project:

27 · Manner of giving effect to the r ecommendation of the Central Ad visory Coundl.-

29 · . \1anner of election of member of the Appellate T rib una l.

30 · Salary and allowances payable and other terms and conditions of service of Chairperson and :vi embers of the Appellate Tribunal.·

31 · Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal.-

35 · . Terms and conditions and the fine payable for compounding of offence.- (I) The court shall, for the purposes of compounding any offence specified w1dcr section 70. accept a sum of money as specilied in the Table below:

36 · . \fanncr of filing a complaint with the regulatory authority and the manner of holcling an inquiry by the regula tory authority.- (I) Any aggrieved person may file a 1..omplaint \\.ith 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 .

38 ·

201 · 7

1 · \ 1·) On the date !)0 fixed, the adjudicating officer upon consideration of the evidence produced before him and other records and submissions is satisfied that the promoter !s-

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

2 · MODE OF PAYMENT

3 · COMPLlANCE OF LAWS RELATING TO REMITTANCES

3 · 1 The Allottec, if resident 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 mRdc thereunder or any statutory amcndment(s) modification(s) made thereof and all other applicable laws including that of remittance or 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 a nd the Rules and Regulations of the Reserve Bank of India or any other applicable law. The Al lottee 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 · 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 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 formal ities if any under the applicable laws. Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottce 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 Prnmoter shall be issuing the payment receipts in favour of the Allottee only.

4 · . ADJUSTMENT/APPROPRIATION OF PAYMENTS

5 · . T TIME IS ESSENCE

6 · . CONSTRUCTlON OF THE PROJECT/ APARTMENT

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 1and over possession of the f Apartment/Plot) on , unless there is delav or fail ure due to war . flood , drought, fire, cyclone, earthquake or any other calamity caus.ed by nature affecting the regular development of the real estate project ("Force \ll:qeure"). If. how\!ver. the completion of the Project is delayed due to the Force \!lajcurc conditions then the l\llonce agrees that the Promoter shall be entitled to the l..'>.tcn:--10n \)r time for delivery of possession of the !Apartment/Plotl, provided that such · m:c \1ajcurc cond1t1ons arc not of a nature which make it impossi hle for the contract to ~l' imp cmentcd. The Allonec agrees and confirms that , in the event it becomes iP1nossihlc for the Promoter to implement the project due to Force Majeure conditions, :hen 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. \ftcr refund ot the monc) paid by the Allottce, Allottee agrees that he/ she shall not have nny 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 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 Promote 'r 'r by executing necessary indemnities. un undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plotl to the allottec. In case the Allottce 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 AllotteeThe Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

7 · 6Compensation -

8 · REPRESENTATIONS AND WARllANTIES OF THE PROMOTER

1 · , 1)The Promoter has the right to enter into this Agreement and has not committed or omittt.!d to perform any act or thing, whereby the right, title and interest of the Allottee .:reared herein . may prejudicially be affected;

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: '

9 · . 3 The Allottce shall be considered under a condition of Default, on the occurrence of the following events:

11 · MAINTENANCE O F THE SAID B UILDING I APARTMENT I PROJECT

12 · DEFECT LIABJLlTY

14 · RTGHT TO ENTER THE APARTMENT FOR REPAIRS

15 · USAGE

16 · GENERAL WITH RESPECT TO THE APARTMENT: . Subject to ·clause 12 above, the Allottce shall , after taking possession , be solely responsible to maintain the [Apartment/Plot] at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the Building , or the (Apartment/Plot], 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 a 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 he/she would not put any signboard I name-plate , neon light, publicity material or advertisement material etc. on the face I facade of the Building or anywhere on the exterior of the Project, buildings therein or Common Areas. The AUottees 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 [Apartment/Plot] or place any h«.!avy 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 and/or maintenance agency appointed by association of allottees. The Allottee shall be responsible for any loss or damages aiising out of breach of any of the aforesaid conditions.

18 · ADDITIONAL CONSTRUCTIONS

19 · PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE

20 · APART\1ENT O\\'NERSHIP ACT (OF THE RELEVANT STATE)

21 · BI NDI NG EFFECT

22 · ENTIRE AGREEMENT

23 · RIGHT TO AMEND

24 · . PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE I SUBSEQUENTALLOTTEES

25 · . WAIVER NOT A LIMITATION TO ENFORCE

25 · l The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive th<:! breach by the Allonec 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 tht' Promoter to exercise such discretion in the case of other Allottees .

25 · . 2Failure 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 tht! right thereafter to enforce each and every provision.

26 · SEVERABILITY

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

28 · FURTHER ASSURANCES

29 · PLACE 01<' EXECUTION

30 · l\'OTICES

31 · JOINT ALLOTTEES

32 · GOVERNING LAW

33 · DISPUTE RESOLUTIO)J

2 · Signature

1 · , iii) Registration fee by way of a demand draft dated on --- - bearing no . for an amount Rs__ ___ - calculated as per sub-rule (3) of rule 3

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

3 · If the above mentioned conditions are not fl.llfilled by the promoler, the regulatory authority may take nccesst1ry action agflinst the promoter including revoking the registration granted herein . as per the Act and the niles and regulations made thereunder.

4 · . 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 th~ r egistration granted herein , a as per the Act and the rules and regu lations made thereunder.

2 · . T This renewal of registration is granted subject to the fol lo"" ing conditions, namely:-

1 · Tl IE Rf.AL ESTATE APPELLATE TlUBLJNAL \am~ o of place)

3 · . Jurisdiction of the Appcllute Tribunal:

1 · • th: appeal s riled after the expir) of the limitation period specified under sub-section (2) of ,ection 44 sp~cify r rcasnns for dcla) --- -- --- -- --- --- -

9 · . Particulars of bank draft in respect of the fee in terms of sub-rule (I) of rule 28:

9 · . List of enclosures:

33 · 3 -rsY.Othe

54 · 3

1 · ~