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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 202–2018/Ext.] CHANDIGARH, WEDNESDAY, DECEMBER 5, 2018 (AGRAHAYANA 14, 1940 SAKA)

THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM

Notification

The 5th December, 2018

The Haryana Real Estate Regulatory Authority Gurugram (Change of name and incorporation of other

amended details of already registered real estate agents) Regulations, 2018

No. 07/RERA GGM Regulations 2018.— In exercise of the powers conferred on it under section-85 of the

Real Estate (Regulation and Development) Act, 2016 and all other powers enabling it in that behalf the Haryana Real

Estate Regulatory Authority, Gurugram, hereby makes the following regulations: -

Short Title, Object, Commencement and Extent:

(a)

These regulations may be called the Haryana Real Estate Regulatory Authority, Gurugram (Change

of name and incorporation of other amended details of already registered real estate agents)

Regulations, 2018.

(b)

These regulations will come into force from the date of their publication in the official gazette;

(c)

These regulations are meant to establish standards for appropriate guidelines in the event of change

in any aspect of the real estate agent company which is already registered with the authority and the

agent desires to lodge such change with the authority for incorporation in the form REA II as

prescribed in rule 10(2) of the Haryana (Regulation and Development) Rules, 2017.

(d)

The agent shall make an application to the authority for making the requisite amendment in form

REA II provided that such change has already been statutorily approved by the Registrar of

Companies and thereafter the authority shall register the change only after proper scrutiny of

documents submitted by the agent and upon satisfaction regarding completion of all the obligatory

formalities the authority shall accordingly make necessary amendments in Form REA II.

(e)

The Haryana Real Estate Regulatory Authority, Gurugram, (Change of name and incorporation of

other amended details of already registered real estate agents), Regulations, 2018 shall be applicable

to real estate agents registered with the Haryana Real Estate Regulatory Authority, Gurugram.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2018 (AGHN. 14, 1940 SAKA)

Definitions

(a)

Unless the context otherwise requires in these regulations: -

(i)

“Act” means the Real Estate (Regulations and Development) Act, 2016 as amended from

time to time;

(ii)

“Rules” means the Haryana Real Estate Regulatory Authority (Regulation and Development)

Rules, 2017 as amended from time to time;

(iii)

“Regulations” means the Haryana Real Estate Regulatory Authority, Gurugram (Late Fees

for Registration of On-going Real Estate Projects) Regulations, 2018 as amended from time

to time;

(iv)

“Authority” means the Haryana Real Estate Regulatory Authority, Gurugram;

(v)

“Authority members” means the members of the Authority including the Hon’ble Chairman;

(vi)

“real estate agent” means any person, who negotiates or acts on behalf of one person in a

transaction of transfer of his plot, apartment or building, as the case may be, in a real estate

project, by way of sale, with another person or transfer of plot, apartment or building, as the

case may be, of any other person to him and receives remuneration or fees or any other

charges for his services whether as commission or otherwise and includes a person who

introduces, through any medium, prospective buyers and sellers to each other for negotiation

for sale or purchase of plot, apartment or building, as the case may be, and including property

dealers, brokers, middlemen by whatever name called;

(vii)

“Form REA II” means registration certificate of real estate agent as prescribed in rule 10 (2)

of the Haryana Real Estate (Regulation and Development) Rules, 2017;

(viii) “real estate agent registration wing” means the department/wing/cell/section whatever the

name called of the authority responsible for registration and other aspects of real estate agents

as provided in section 9 of the Real Estate (Regulation and Development) Act, 2016.

(ix)

“Company” means a company incorporated under Companies Act 2013 or under any

previous company law;

(x)

“Registrar of Companies" means a registrar, an additional registrar, a joint registrar, a deputy

registrar or an assistant registrar, having the duty of registering companies and discharging

various functions under the Companies Act,2013;

(xi)

The words or expressions occurring in these regulations and not defined herein but defined in

the Act or the rules shall bear the same meanings as assigned to them in the Act and the rules.

Purpose

(a)

The purpose of the Haryana Real Estate Regulatory Authority, Gurugram (Change of name and

incorporation of other amended details of already registered real estate agents) Regulations, 2018 is

to streamline the process of incorporating changes in the registration certificate REA II issued by the

authority for taking in its record the amended details of the real estate agent company.

(b)

The Haryana Real Estate Regulatory Authority, Gurugram (Change of name and incorporation of

other amended details of already registered real estate agents) Regulations, 2018 aim to prescribe the

fee that the authority shall be entitled to obtain from the real estate agent for making the amendments

in the Form REA II.

(c)

These changes include change in name, change in the registered office of the company, change in

directors, change in objects, alteration of memorandum of association and articles of association of

company and any other matter in respect of which the consent of the Registrar of Companies has

already been obtained.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2018 (AGHN. 14, 1940 SAKA)

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Fee:

Any real estate agent who applies to the authority for recording change in any aspect of the company as

provided in these regulations provided that such change has been statutorily approved by the Registrar of

Companies shall, if the application is approved by the Authority after the scrutiny of documents, pay a fee

of Rs. 2500/-.

Procedure:

Upon the receipt of application along with the fee as prescribed under these regulations i.e. ₹ 2500/- from

the real estate agent company who desires to lodge a change in any aspect of the company as provided in

these regulations, the officials of the real estate agent registration wing shall make proper scrutiny of the

documents and upon satisfaction of all formalities as prescribed, the applied change shall be made

accordingly in the registration certificate Form REA II.

Miscellaneous

The authority may adopt any procedure as it deems fit in such cases that come up before the authority and

the decision shall be taken on the basis of the facts of the case.

DR. K. K. KHANDELWAL,

Chairman,

Haryana Real Estate Regulatory Authority, Gurugram.

8461—C.S.—H.G.P., Pkl.