[ 919 ]

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HOUSING)

(G.O. Ms. No. 13/2017-Hg., Puducherry, dated 18th July 2017)

NOTIFICATION

In exercise of the powers conferred by section 84 and in pursuance

of sub-clause (ii) of clause (g) of section 2 of the Real Estate (Regulation

and Development) Act, 2016 (16 of 2016), the Lieutenant-Governor,

Puducherry, hereby makes the following rules, namely:—

Registered with the Registrar

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

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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2017 }

| 20 {

No.

Poudouchéry

Jeudi

Juillet

2017

No.

Puducherry

Thursday

20th

July

2017

( 29 Asadha 1939 )

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[PART–II

CHAPTER – I

Preliminary

1. Short title, extent and commencement.— (1) These rules may

be called ‘The Puducherry Real Estate (Regulation and Development)

(General) Rules, 2017’.

(2) They shall extend to the whole of the Union territory of

Puducherry.

(3) They shall come into force on and from the date of its

publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless the context otherwise

requires,—

(a) “Act” means the Real Estate (Regulation and Development)

Act, 2016;

(b) “appropriate Government” means the Government of

Puducherry;

authority along with the sanctioned building plan in case of

apartment/ building and final approval layout plan in case of

plotted development issued by the Planning Authority.

(d) “association of allottees” means a collective of the allottees

of a real estate project, by whatever name called, registered under

any law for the time being in force, acting as a group to serve the

cause of its members, and shall include the authorised

representatives of the allottees;

(e) “authenticated copy” shall mean a self-attested copy of any

document required to be provided by a person under these rules;

(f) “Authority” means the Real Estate Regulatory Authority

established by the Government of Puducherry under sub-section

(1) of section 20 of the Act;

(g) “Form” means a Form appended to these rules;

(h) “Ongoing project” means, a project where development is

going on and for which Occupancy Certificate has not been issued

but, excludes such projects which fulfill any of the following criteria

on the date of coming into force of sub-section (1) of section 3 of

the Act:-

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(i) in layout projects i.e., where land is developed into plots, the

roads and open spaces gifted to the Local Body concerned;

(ii) the projects for which application for occupancy certificate

has been filed with the planning authority concerned subject

to furnishing certificate from the architect/licensed engineer/

structural engineer associated with the project to the effect

that all the buildings in the projects have been structurally

completed i.e., all the columns, beams and slabs have been

erected supported with photographs. The Planning Authority

will issue, occupancy certificate for those projects in

compliance with the Occupancy Certificate norms prescribed.

In Occupancy Certificate filed cases, if the Occupancy

Certificate is rejected by the Planning Authority for violation

of norms, such projects will be intimated to the Real Estate

Regulatory Authority and will be bound for registration with

Real Estate Regulatory Authority. The details of all projects

where Occupancy Certificate application has been filed with

the Planning Authority prior to notification of these rules will

be disclosed to the public by publishing the list of all such

projects on the website of the Town and Country Planning

Department and the Real Estate Regulatory Authority

immediately after notification of these rules.

(i) “planning authority” means the planning authority

established under section 11 of the Puducherry Town and Country

Planning Act, 1969 (13 of 1970);

(j) “plinth area” means the built-up covered area measured at

the floor level of the basement or of any storey and total plinth area

means the total covered area measured at the floor level of all

floors;

(k) “regulations” means the regulations made under the Real

Estate (Regulation and Development) Act, 2016;

(l) “Secretary” means the Secretary to the Authority appointed

by the Authority with such educational qualifications as may be

prescribed; and

(m) “section” means a section of the Act.

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[PART–II

(2) Words and expressions used but not defined in these rules,

but defined under the Act, shall have the meaning respectively assigned

to them in the Act.

CHAPTER – II

Real Estate Project

3. Information and documents to be furnished by promoter for

registration of project.— (1) A promoter shall furnish the following

information and documents, along with those specified under the section

4 of the Act, for registration of the project with the Authority, namely:—

(a) authenticated copy of the PAN card and Aadhaar card of the

promoter;

(b) annual report including audited profit and loss account,

balance sheet, cash flow statement, Directors report and the

Auditor's report of the promoter for the immediately preceding

three financial years; and where annual report is not available, the

audited profit and loss account, balance sheet, cash flow statement

and the Auditor's report of the promoter for the immediately

preceding three financial years;

parking areas available in the real estate project;

(d) authenticated copy of the legal title deed reflecting the title

of the promoter to the land on which development of project is

proposed along with legally valid documents for chain of title with

authentication of such title;

(e) details of encumbrances on the land on which development

of project is proposed including details of any rights, title, interest,

dues, litigation and name of party in or over such land through an

Advocate having experience of atleast ten years or non-encumbrance

certificate from the Revenue Authority not below the rank of

Tahsildar, as the case may be;

(f) where the promoter is not the owner of the land on which

development of project is proposed, details of consent from the

owner of the land along with a copy of the collaboration agreement,

development agreement, joint development agreement or any other

agreement, as the case may be, entered into between the promoter

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and such owner and copies of title and other documents reflecting

the title of such owner on the land on which project is proposed

to be developed;

(g) name, photograph, contact details and address of the

promoter if, it is an individual and the name, photograph, contact

details and address of the chairman, partners, directors, as the case

may be, and the authorised person in case of other entities; and

(h) such other information and documents, as may be specified

in the regulations.

(2) An application to the Authority for registration of project

shall be made in writing in Form 'A' in triplicate, until the application

procedure is made online for filing of such application.

(3) The promoter shall pay a registration fee at the time of

application for registration by way of a Demand Draft or a banker's

cheque drawn on any scheduled bank or through online payment, as the

case may be, for a sum calculated at the rate of:—

(a) in case of residential group housing project,- five rupees per

square meter for the total plinth area for projects where the area of

land proposed to be developed does not exceed one thousand

square meters; or ten rupees per square meter for the total plinth

area for projects where the area of land proposed to be developed

exceeds one thousand square meters, but, shall not be more than

five lakhs rupees;

(b) in case of mixed development (residential and commercial)

project,- ten rupees per square meter for the total plinth area for

projects where the area of land proposed to be developed does not

exceed one thousand square meters; or fifteen rupees per square

meter for the total plinth area for projects where the area of land

proposed to be developed exceeds one thousand square meters,

but, shall not be more than seven lakhs and fifty thousand rupees;

rupees per square meter for the total plinth area for projects where

the area of land proposed to be developed does not exceed one

thousand square meters; or twenty five-rupees per square meter for

the total plinth area for projects where the area of land proposed

to be developed exceeds one thousand square meters, but, shall

not be more than twelve lakhs and fifty thousand rupees; and

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[PART–II

(d) in case of plotted development projects, - five rupees per

square meter, but shall not be more than two lakhs rupees;

(4) The declaration to be submitted under clause (l) of

sub-section (2) of section 4 of the Act, shall be in Form 'B', which shall

include a declaration stating that the promoter shall not discriminate

against any allottee at the time of allotment of any apartment, plot or

building, as the case may be.

4. Additional disclosure by promoters of ongoing projects.—

(1) Upon notification for commencement of sub-section (1) of section 3

of the Act, the promoter of an ongoing project which has not received

completion certificate shall, within the time specified in the said

sub-section, make an application to the Authority as provided in Rule 3.

(2) The promoter shall in addition to disclosures provided in

rule 3, disclose the following information, namely:—

(a) the original sanctioned plan, layout plan and specifications

and the subsequent modifications carried out, if any, including the

existing sanctioned plan, layout plan and specifications;

(b) the total amount of money collected from the allottees and

the total amount of money used for development of the project

including the total amount of balance money remaining with the

promoter;

date and the extent of development pending) including the original

time period disclosed to the allottee for completion of the project

at the time of sale including the delay and the time period within

which he undertakes to complete the pending project, which shall

be commensurate with the extent of development already

completed, and this information shall be certified by an engineer,

an architect and a chartered accountant in regular practice;

(d) authenticated plans and layout as per execution on site;

(e) authenticated plans and layout as per bookings already

done;

(f) authenticated copy of the agreements already entered into

between the promoter and allottee; and

(g) authenticated copy of the consent letter obtained from the

allottee for additions and alteration in the sanctioned plan.

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(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.

(4) In case of plotted development, the promoter shall disclose

the area of the plot being sold to the allottees as per the layout plan.

(5) For projects that are ongoing and have not received

completion certificate, on the date of commencement of the Act, the

promoter shall, within a period of three months of the application for

registration of the project with the Authority, deposit in separate bank

account, seventy per cent of the amounts already realized from the

allottees, which have not been utilized for construction of the project or

the land cost for the project as required under sub-clause (D) of clause

(l) of sub-section (2) of section 4 of the Act, which shall be used for the

purposes specified therein.

5. Grant or rejection of registration of the project.— (1) Upon

registration of a project as per section 5 of the Act, read with rule 3 and

rule 4, as the case may be, the Authority shall issue a registration

certificate with a registration number in Form 'C' to the promoter.

(2) In case of rejection of the application as per section 5, the

Authority shall inform the applicant in Form 'D':

Provided that the Authority may grant an opportunity to the

applicant to rectify the defects in the application within such time period

as may be specified by it.

6. Extension of registration of the project.— (1) The registration

granted under the Act, may be extended by the Authority, on an

application made by the promoter in Form 'E' in triplicate, until the

application procedure is made online, within three months prior to the

expiry of the registration granted.

(2) The application for extension of registration shall be

accompanied with a Demand Draft or Banker's cheque drawn on any

scheduled bank or through online payment, as the case may be, for an

amount equivalent to half of the registration fee as prescribed under

sub-rule (3) of rule 3 along with an explanatory note setting out the

926

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[PART–II

reasons for delay in the completion of the project and the need for

extension of registration for the project, along with documents

supporting such reasons:

Provided that where the promoter applies for extension of

registration of the project due to force majeure, he shall not be liable to

pay any fee.

(3) The extension of registration of the project shall not be

beyond the period provided as per local laws for completion of the

project or phase thereof, as the case may be.

(4) In case of extension of registration, the Authority shall

inform the promoter about such extension in Form 'F' and in case of

rejection of the application for extension of registration, the Authority

shall inform the promoter about such rejection in Form 'D':

Provided that the Authority may grant an opportunity to the

promoter to rectify the defects in the application within such time period

as may be specified by it.

7. Revocation of Registration of the project.— Upon revocation of

registration of a project as per section 7 of the Act, the Authority shall

inform the promoter about such revocation in Form 'D'.

CHAPTER – III

Real Estate Agent

8. Application for Registration by the real estate agent.—

(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 Authority

in Form 'G' in triplicate, until the application procedure is made web

based, along with the following documents, namely:—

(a) the brief details of his enterprise including its name,

registered address, type of enterprise (proprietorship, societies,

partnership, companies, etc.);

(b) particulars of registration (whether as a proprietorship,

societies, partnership, companies, etc.) including the bye-laws,

memorandum of association, articles of association, etc. as the case

may be;

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estate agent if, it is an individual and name, address, contact

details and photograph of the partners, directors, etc. in case of

other entities;

(d) authenticated copy of the PAN card and Aadhaar card of the

real estate agent;

(e) authenticated copy of the address proof of the place of

business; and

(f) such other information and documents, as may be specified

in the regulations.

(2) The real estate agent shall pay the registration fee at the

time of application for registration by way of a Demand Draft or Banker's

cheque drawn on any scheduled bank or through online payment, as the

case may be, for a sum of ten thousand rupees in case of the applicant

being an individual or fifty thousand rupees in case of the applicant

being anyone other than an individual.

9. Grant of Registration to the real estate agent.— (1) On receipt

of application under rule 8, the Authority shall within a period of 30 days

either grant registration to the real estate agent or reject the application,

as the case may be:

Provided that the Authority may grant an opportunity to the real

estate agent to rectify the defects in the application within such time

period as may be specified by it.

(2) Upon registration of a real estate agent, the Authority shall

issue a registration certificate with a registration number in Form 'H' to

the real estate agent.

(3) In case of rejection of the application, the Authority shall

inform the applicant in Form 'I'.

(4) The registration granted under this rule shall be valid for a

period of five years.

10. Renewal of registration of real estate agent.— (1) The

registration granted to a real estate agent under the Act may be renewed,

on an application made by the real estate agent in Form 'J', in triplicate,

until the application procedure is made online, which shall not be less

than three months prior to the expiry of the registration granted.

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[PART–II

(2) The application for renewal of registration shall be

accompanied with a Demand Draft Drawn or Banker's cheque drawn on

any scheduled bank or through online payment, as the case may be, for

a sum of five thousand rupees in case of the real estate agent being an

individual or twenty-five thousand rupees in case of the real estate agent

other than an individual.

(3) The real estate agent shall also submit all the updated

documents set out in clauses (a) to (f) of sub-rule (1) of rule 8 at the time

of application for renewal.

(4) In case of renewal of registration, the Authority shall inform

the real estate agent about the same in Form 'K' and in case of rejection

of the application for renewal of registration, the Authority shall inform

the real estate agent in Form 'I':

Provided that no application for renewal of registration shall be

rejected unless the applicant has been given an opportunity of being

heard in the matter:

Provided further that the Authority may grant an opportunity to

the real estate agent to rectify the defects in the application within such

time period as may be specified by it.

(5) The renewal granted under this rule shall be valid for a

period of five years.

11. Revocation of Registration of real estate agent.— The

Authority may, due to reasons specified under sub-section (7) of section

9 of the Act, revoke the registration granted to the real estate agent or

renewal thereof, as the case may be, and intimate the real estate agent

of such revocation in Form 'I'.

12. Books of accounts, records and documents.— The real estate

agent shall maintain and preserve its books of account, records and

documents in accordance with the provisions of the Income Tax Act,

1961 (43 of 1961), as amended from time to time, and the rules made

thereunder.

13. Other functions of a real estate agent.—The real estate agent

shall provide assistance to enable the allottee and promoter to exercise

their respective rights and fulfil their respective obligations at the

time of booking and sale of any plot, apartment or building, as the case

may be.

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CHAPTER – IV

Details to be Published on the Official Website of the Authority

14. Details to be published on the official website.— (1) The

Authority shall ensure that the following information, as applicable, shall

be made available on its website in respect of each project registered

under the Act, namely:—

(a) details of the promoter including the following, namely:—

(i) promoter or group profile,–

(A) a brief detail of his enterprise including its name,

registered address, type of enterprise (proprietorship,

limited liability partnership, society, partnership,

company, competent authority) and the particulars of

registration of such enterprise and in case of a newly

incorporated or registered entity, brief details of the

parent entity including its name, registered address,

type of enterprise (whether as proprietorship, societies,

limited liability partnership, partnership, companies,

competent authority);

(B) background of promoter:– educational qualification,

work experience of the promoter and in case of a newly

incorporated or registered entity work experience of the

Chairman, Directors, partners, as the case may be and

that of the authorised persons; and

promoter in case of an individual and the name, address,

contact details and photograph of the Chairman,

Directors, Partners, as the case may be and that of the

authorised persons.

(ii) track record of the promoter,–

(A) number of years of experience of the promoter or parent

entity, as the case may be, in real estate development in

the Union territory of Puducherry;

(B) number of years of experience of the promoter or parent

entity, as the case may be, in real estate development in

other States or Union Territories;

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[PART–II

date in the past five years including the status of the

projects, delay in its completion, details of type of land

and payments pending;

(D) number of ongoing projects and proposed area to be

constructed launched in the past five years including

the status of the said projects, delay in its completion,

details of type of land and payments pending; and

(E) details and profile of ongoing and completed projects for

the last 5 years as provided under clause (b) of

sub-section (2) of section 4 of the Act.

(iii) litigations,– details of litigations if any, pending and which

have been disposed of by the concerned Court, in the past

five years in relation to the real estate projects developed

or being developed by the promoter;

(iv) website,–

(A) web link of the promoter or parent entity, as the case

may be; and

(B) web link of the project.

(b) details of the real estate project including the following,

namely:—

(i) advertisement and prospectus issued in regard to the

project;

(ii) compliance and registration,–

(A) authenticated copy of the approvals received from the

planning authority as provided under clause (c) of sub-

section (2) of section 4 of the Act;

(B) the sanctioned plan, layout plan and specifications of

the project or the phase thereof, and the whole project

as sanctioned by the planning authority as provided

under clause (d) of sub-section (2) of section 4 of the

Act; and

under the Act.

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(iii) apartment, plot, open space areas, and garage related

details,–

(A) details of the number, type and carpet area of

apartments for sale in the project along with the area of

the exclusive balcony or verandah areas and the

exclusive open terrace areas with the apartment, if any,

or details of the number, type and area of plots for sale

in the project or both, as the case may be;

(B) details of the number and areas of garage for sale in the

project;

parking areas available in the real estate project; and

(D) details of open spaces, common areas and other public

spaces available in the project.

(iv) registered agents,- names and addresses of real estate

agents for the project.

(v) consultants,- details, including name and addresses of

contractors, architect and structural engineers and other

persons concerned with the development of the real estate

project such as:—

(A) name and address of the person;

(B) names of promoters;

(D) names and profile of key projects completed.

(vi) location,- the details of location of the project, with clear

demarcation of land dedicated for the project along with its

boundaries including the latitude and longitude of the end

points of the project.

(vii) development plan,-

(A) the plan of development works to be executed in the

proposed project and the proposed facilities to be

provided thereof including fire fighting equipments,

drinking water facilities, emergency evacuation services,

use of renewable energy, etc.;

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[PART–II

(B) amenities,- a detailed note explaining the salient

features of the proposed project including access to the

project, design for electric supply including street

lighting, water supply arrangements and site for

disposal and treatment of strom and sullage water, and

any other facilities and amenities or public health

services proposed to be provided in the project;

the plan of development works to be executed in the

project and the details of the proposed facilities to be

provided thereof and the timelines to achieve the same;

and

(D) the stage-wise time schedule for completion of the

project, including provisions for civic infrastructure like

water, sanitation and electricity, etc.

(i) authenticated copy of the PAN card and Aadhaar card of

the promoter;

(ii) annual report including audited profit and loss account,

balance sheet, cash flow statement, Directors report and

the Auditor's report of the promoter for the immediately

preceding three financial years and where annual report is

not available, then the audited profit and loss account,

balance sheet, cash flow statement and the Auditor's report

of the promoter for the immediately preceding three

financial years and in case of newly incorporated or

registered entity such information shall be disclosed for the

parent entity.

(d) the promoter shall upload the following updates on the

webpage for the project, within fifteen days from the expiry of each

quarter, namely:—

(i) list of number and types of apartments or plots, booked;

(ii) list of number of garages booked;

(iii) status of the project,-

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(A) status of construction of each building with

photographs;

(B) status of construction of each floor with photographs;

and

common areas with photographs.

(iv) status of approvals,-

(A) approvals received;

(B) approvals applied and expected date of receipt;

application; and

(D) modifications, amendment or revisions, if any, issued by

the competent authority with regard to any sanctioned

plans, layout plans, specifications, licence, permit or

approval for the project.

(e) the details of approvals, permissions, clearances, legal

documents,—

(i) approvals–

(A) authenticated copy of the licence or land use

permission and building sanction plan in respect of

apartments or the final approved layout plan in case of

layouts, obtained from the planning authority in

accordance with the laws applicable for the project, and

where the project is proposed to be developed in

phases, an authenticated copy of the licence or land use

permission and building sanction plan in respect of

apartments or the final approved layout plan in case of

layouts, for each of such phases;

(B) authenticated copy of the site plan or site map showing

the location of the project land along with names of

Revenue Villages, re-survey numbers or town survey

numbers and area of each parcels of the project land;

the phase thereof, and also the layout plan of the whole

project as sanctioned by the Planning Authority and

other specifications of the project;

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LA GAZETTE DE L'ETAT

[PART–II

(D) floor plans for each tower and block including

clubhouse, amenities and common areas;

(E) any other permission, approval, or licence that may be

required under applicable law including no-objection

certificate from fire service Department, permission from

water and sewerage Department, etc.; and

(F) authenticated copy of occupancy certificate including

its application.

(ii) legal documents,–

(A) the details including the proforma of the application

form, allotment letter, agreement for sale and the

conveyance deed;

(B) authenticated copy of the legal title deed reflecting the

title of the promoter to the land on which development

of project is proposed along with legally valid

documents for chain of title with authentication of such

title;

experience of at least ten years;

(D) details of encumbrances on the land on which

development of project is proposed including details of

any rights, title, interest, dues, litigation and name of

any party in or over such land through an Advocate

having experience of atleast ten years or non

encumbrance certificate from the revenue authority not

below the rank of Tahsildar, as the case may be;

(E) where the promoter is not the owner of the land on

which development is proposed details of the consent

of the owner of the land along with a copy of the

collaboration agreement, development agreement, joint

development agreement or any other agreement, as the

case may be, entered into between the promoter and

such owner and copies of title and other documents

reflecting the title of such owner on the land proposed

to be developed;

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(F) details of mortgage or charge, if any, created on the land

and the project; and

(G) details of sanction letter from the banks for construction

finance.

(f) contact details,– contact address, contact numbers and

email-id of the promoter, authorised person and other officials

related to the project; and

(g) such other documents or information as may be specified by

the Act or the rules and regulations made thereunder.

(2) The Authority shall maintain a database and ensure that the

information specified therein shall be made available on its website in

respect of each project revoked or penalised, as the case may be.

(3) The Authority shall ensure that the following information

shall be made available on its website in respect of each real estate agent

registered with it or whose application for registration has been rejected

or revoked, namely:—

(a) for real estate agents registered with the Authority:–

(i) registration number and the period of validity of the

registration of the real estate agent with the Authority;

(ii) brief details of his enterprise including its name, registered

address, type of enterprise (whether as proprietorship,

societies, partnership, company, etc.);

(iii) particulars of registration as proprietorship, societies,

partnership, company, etc. including the bye-laws,

memorandum of association, articles of association, etc. as

the case may be;

(iv) name, address, contact details and photograph of the real

estate agent, if it is an individual and name, address,

contact details and photograph of the partners, Directors

etc. in case of other persons;

(v) authenticated copy of the PAN card and Aadhaar card of

the real estate agent; and

(vi) authenticated copy of the address proof of the place of

business and the contact address, contact numbers and

email-id of the real estate agent and its other officials.

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[PART–II

(b) In case of applicants whose application for registration as

a real estate agent have been rejected or real estate agents whose

registration has been revoked/suspended by the Authority:—

(i) registration number and the period of validity of the

registration of the real estate agent with the Authority;

(ii) brief details of his enterprise including its name, registered

address, type of enterprise (whether as proprietorship,

societies, partnership, companies, etc.);

(iii) brief reason for rejection of application for registration as

a real estate agent or brief reason for revocation/

suspension by the Authority and the period on/from which

such revocation/suspension is effected; and

(iv) name, address, contact details and photograph of the real

estate agent if, it is an individual and name, address,

contact details and photograph of the partners, Directors

etc. in case of other persons.

the Act or the rules and regulations made thereunder.

(4) The Authority shall maintain a back-up, in digital form, of

the contents of its website in terms of this rule, and ensure that such

back-up is updated on the last day of every month.

CHAPTER – V

Interest payable by Promoter and Allottee and Timelines for Refund

15. Interest payable by the promoter and the allottee.— The rate

of interest payable by the promoter to the allottee or by the allottee to

the promoter, as the case may be, shall be the State Bank of India highest

Marginal cost of Funds based Lending Rate plus two percent:

Provided that in case the State Bank of India Marginal Cost of

Lending Rate is not in use, it would be replaced by such benchmark

lending rates which the State Bank of India may fix from time to time for

lending to the general public.

16. Timelines for refund.— Any refund of money along with the

applicable interest and compensation, if any, payable by the promoter in

terms of the Act or rules and regulations made thereunder, shall be

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payable by the promoter to the allottee within forty-five days from the

date on which such refund along with applicable interest and

compensation, as the case may be, becomes due.

CHAPTER – VI

Real Estate Regulatory Authority

17. Selection of Chairperson and Members of the Authority.—

(1) As and when the vacancies of Chairperson or any Member in the

Authority exist or arise, or likely to arise, the appropriate Government

may make a reference to the Selection Committee in respect of the

vacancies to be filled.

(2) The Selection Committee may, for the purpose of selection

of the Chairperson or a Member of the Authority, follow such procedure

as deemed fit, including the appointment of a Search Committee

consisting of such persons, as the Selection Committee considers

appropriate to suggest a panel of names, for appointment as Chairperson

or a Member of the Authority.

(3) The Selection Committee shall select two persons for each

vacancy and recommend the same to the appropriate Government.

(4) The Selection Committee shall make its recommendation to

the appropriate Government within a period of sixty days from the date

of reference made under sub-rule (1).

(5) The appropriate Government shall within thirty days from the

date of receipt of the recommendation by the Selection Committee,

appoint one of the two persons recommended by the Selection

Committee for the vacancy of the Chairperson and the Members, as the

case may be.

18. Salary and allowances payable and other terms and

conditions of service of Chairperson and Members of the Authority.—

(1) The Chairperson and whole time Members of the Authority shall be

paid such salary and allowances as may be fixed by the appropriate

Government, from time to time, but if, the Chairperson or a Member so

appointed is or was in the service of the State Government or Central

Government or any authority thereunder, he shall be paid a monthly

salary equivalent to the last drawn salary at the post held by such

person, prior to his appointment as Chairperson or a Member, as the case

may be, of the Authority:

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Provided that if the Chairperson or a Member of the Authority

before the date of assuming office as Chairperson or a Member, as the

case may be, was in receipt of or being eligible to receive any pension

in respect of any previous service under the Central Government or the

State Government or any authority thereunder, his salary in respect of

service as a Chairperson or as a Member, as the case may be, shall be

reduced by the amount of that pension and dearness relief thereon,

including any portion of the pension which may have been commuted.

(2) Every part-time member, appointed by the appropriate

Government and who is not a servant of the appropriate Government,

shall be paid a sitting fee for each day he attends the meetings of the

Authority, as may be determined by the appropriate Government, from

time to time and he shall not be entitled to any allowance relating to

house and vehicle.

(3) The Chairperson and Members shall be entitled to thirty

days of earned leave for every completed year of service.

19. Administrative powers of the Chairperson of the Authority.—

(1) The Chairperson of the Authority shall exercise the administrative

powers in respect of–

(a) matters pertaining to staff strength, wages and salary

structures, emoluments, perquisites and personnel policies;

(b) matters pertaining to creation and abolition of posts;

confirmation of all posts;

(d) acceptance of resignations by any Member, Officer or

Employee of the Authority;

(e) officiating against sanctioned posts;

(f) authorisation of tours to be undertaken by any Member,

Officer or Employee of the Authority within and outside India;

(g) matters relating to reimbursement of medical claim;

(h) matters relating to grant or rejection of leave;

(i) permission for hiring of vehicles for official use;

(j) nominations for attending seminars, conferences and training

courses in India or abroad;

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(k) permission for inviting guests to carry out training course;

(l) expenses relating to the welfare of the staff;

(m) according sanction for scrapping or write-off of capital

assets which have become unserviceable or are considered beyond

economical repairs due to normal wear and tear; and

(n) matters relating to initiation of disciplinary action against

any member, officer or employee of the Authority;

(2) The Chairman of the Authority shall also exercise such other

powers that may be required for the efficient functioning of the Authority

and enforcement of the provisions of the Act and rules and regulations

made thereunder.

20. Salary and allowances payable to and other terms and

conditions of service of the officers and of the employees of the

Authority.— (1) The conditions of service of the officers and employees

of the Authority 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 being

in force from time to time, applicable to officers and employees of the

appropriate Government and drawing the corresponding scales of pay.

(2) The appropriate Government shall have power to relax the

provisions of any of these rules in respect of any class or category of

officers or employees.

21. Functioning of the Authority.— (1) The office of the Authority

shall be located at such place as may be determined by the appropriate

Government by notification.

(2) The working days and office hours of the Authority shall be

the same, as that of the normal working days and office hours of the

other offices of the appropriate Government.

(3) The official common seal and emblem of the authority shall

be as such the appropriate Government may specify.

(4) Every registration, permission, notice, order and directions

of the Authority shall bear the seal and signature of the Secretary to the

Authority as may be authorized by the Authority in this behalf.

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(5) The Authority shall ordinarily have sittings at its

headquarters and at such other places as the Chairperson may by general

or special order specify.

22. Additional powers of the Authority.— (1) In addition to the

powers specified in clause (iv) of sub-section (2) of section 35 of the Act,

the Authority shall exercise the following additional powers,—

(a) require the promoter, allottee or real estate agent to furnish

in writing such information or explanation or produce such

documents within such reasonable time, as it may deem fit and

necessary; and

(b) requisitioning, subject to the provisions of sections 123 and

124 of the Indian Evidence Act, 1872 (1 of 1872), any public record

or document or copy of such record or document from any office.

(2) The Authority 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 may deem fit and necessary, to assist the Authority in

conducting quality audit or any inquiry or proceedings before it.

(3) The Authority may in the interest of the allottees, inquire

into the payment of amounts imposed as penalty, interest or

compensation, paid or payable by the promoter, in order to ensure that

the promoter has not,-

(a) withdrawn the said amounts from the account maintained

under sub-clause (D) of clause (l) of sub-section (2) of section 4; or

(b) used any amounts paid to such promoter by the allottees for

that real estate project for which the penalty, interest or

compensation is payable, or any other real estate project; or

from the allottees of the relevant real estate project or any other real

estate project.

23. Recovery of interest, penalty and compensation.— The

recovery of the amounts due such as interest, penalty or compensation

shall be recovered as arrears of land revenue in the manner provided

under the Puducherry Revenue Recovery Act, 1970.

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CHAPTER – VII

Real Estate Appellate Tribunal

24. Form for filing Appeal and the fees payable.— (1) Every

appeal filed under sub-section (1) of section 44 of the Act, shall be

accompanied by a fee of five thousand rupees in the form of a demand

draft or banker's cheque drawn on a scheduled bank in favour 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 or through

online payment, as the case may be.

(2) Every appeal shall be filed in Form 'L', in triplicate, until the

application procedure is made online, along with the following

documents, namely:—

(a) true copy of the order against which the appeal is filed;

(b) copies of the documents relied upon by the appellant and

referred to in the appeal; and

(3) Every appeal shall be either filed at the filing counter of the

Registry of the Appellate Tribunal or through a registered post or

through online system, as applicable.

(4) In case of an appeal sent through post under sub-rule (3),

it shall be deemed to have been presented to the Appellate Tribunal on

the day on which it is received in its office.

(5) Where a party to the appeal is represented by an authorised

person, as provided under section 56, a copy of the authorisation to act

as such and the written consent thereto by such authorised person, both

in original, shall be appended to the appeal or the reply to the notice of

the appeal, as the case may be.

(6) On the date of hearing or any other date to which hearing

could be adjourned, it shall be obligatory on the parties or their agents,

as the case may be, to appear before the Appellate Tribunal:

Provided that where the appellant or his authorised person, as

the case may be, fails to appear before the Appellate Tribunal on such

days, the Appellate Tribunal may in its discretion either dismiss the

appeal for default or decide it on merits and where the opposite party or

his authorised person fails to appear on the date of hearing, the

Appellate Tribunal may decide the appeal ex-parte.

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(7) The procedure for day-to-day functioning of the Appellate

Tribunal, which have not been provided by the Act or the rules made

thereunder, shall be as specified by the Appellate Tribunal.

25. Selection of Members of the Appellate Tribunal.— (1) As and

when the vacancies of a Member in the Appellate Tribunal exist or arise,

or likely to arise, the appropriate Government may make a reference to

the Selection Committee in respect of those vacancies to be filled.

(2) The Selection Committee may, for the purpose of selection

of the Member of the Appellate Tribunal, follow such procedure as

deemed fit including the appointment of a Search Committee consisting

of such persons as the Selection Committee considers appropriate to

suggest a panel of names for appointment as Member of the Appellate

Tribunal.

(3) The Selection Committee shall select two persons for each

vacancy and recommend the same to the appropriate Government.

(4) The Selection Committee shall make its recommendation to

the appropriate Government within a period of sixty days from the date

of reference made under sub-rule (1).

(5) The appropriate Government shall within thirty days from the

date of receipt of the recommendation by the Selection Committee,

appoint one of the two persons recommended by the Selection

Committee for the vacancy of the Member.

26. Salary and allowances payable and other terms and

conditions of service of Chairperson and Members of the Appellate

Tribunal.— (1) The salaries and allowances payable to the Chairperson

and Members of the Appellate Tribunal shall be as follows:—

(a) the Chairperson shall be paid a monthly salary equivalent to

the last drawn salary by such person, as a Judge of a High Court;

(b) the Member shall be paid a monthly salary equivalent to the

salary drawn at the maximum scale of pay of Additional Secretary

to the Government of India:

Provided that any person who has held a post with the

Government, senior than that of Additional Secretary to the Government

of India, prior to becoming a Member, he shall be paid a monthly salary

corresponding to the post at which he retired.

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(2) The Chairperson and every other Member shall be entitled

to thirty days of earned leave for every completed year of service.

(3) The other allowances and conditions of service of the

Chairperson and the other Member shall be such as may be determined

by the appropriate Government from time to time.

27. Inquiry of the charges against the Chairperson or Member of

the Authority or the Appellate Tribunal.— (1) The appropriate

Government shall on the occurrence of any of the circumstances

specified in clause (d) or clause (e) of sub-section (1) of section 26 of

the Act in case of a Chairperson or Member of the Authority or as

specified under sub-section (1) of section 49 of the Act in case of a

Chairperson or Member of the Appellate Tribunal, either by receipt of a

complaint in this regard or suo motu, as the case may be, make a

preliminary scrutiny with respect to such charges against the

Chairperson or any Member of the Authority or Appellate Tribunal, as

the case may be.

(2) If, on preliminary scrutiny, the appropriate Government

considers it necessary to investigate into the allegation, it shall place the

complaint, if any, together with supporting material as may be available,

before Chief Justice of the High Court to appoint a sitting or retired

Judge of the High Court.

(3) The appropriate Government shall forward to the Judge

appointed under sub-rule (2), copies of,–

(a) the statement of charges against the Chairperson or Member

of the Authority or Appellate Tribunal, as the case may be; and

(b) material documents relevant to the inquiry.

(4) The Chairperson or Member of the Authority or Appellate

Tribunal, as the case may be, shall be given a reasonable opportunity of

being heard with respect to the charges within the time period as may be

specified in this behalf by the Judge conducting the inquiry in the matter.

(5) Where it is alleged that the Chairperson or Member of the

Authority or Appellate Tribunal is unable to discharge the duties of his

office efficiently due to any physical or mental incapacity and the

allegation is denied, the Judge may arrange for the medical examination

of the Chairperson or Member of the Authority or Appellate Tribunal.

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(6) After the conclusion of the investigation, the Judge shall

submit his report to the appropriate Government stating therein his

findings and the reasons thereof on each of the articles of charges

separately with such observations on the whole case, as he thinks fit.

(7) After receipt of the report under sub-rule (6), the appropriate

Government shall in consultation with the Chief Justice of the High Court

will decide, either to remove or not to remove the Chairperson or Member

of the Authority or Appellate Tribunal, as the case may be.

28. Salary and allowances payable and other terms and

conditions of service of the officers and other employees of the Appellate

Tribunal.— (1) The conditions of service of the officers and employees

of the Appellate Tribunal 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, as

applicable to officers and employees of the appropriate Government and

drawing the corresponding scales of pay.

(2) The appropriate Government shall have power to relax the

provisions of any of these rules in respect of any class or category of

officers or employees, as the case may be.

29. Additional powers of the Appellate Tribunal.— (1) In addition

to the powers specified in clause (g) of sub-section (4) of section 53 of

the Act, the Appellate Tribunal shall exercise the following additional

powers,—

(a) require the promoter, allottee or real estate agent to furnish

in writing such information or explanation or produce such

documents within such reasonable time, as it may deem necessary;

(b) requisitioning, subject to the provisions of sections 123 and

124 of the Indian Evidence Act, 1872 (1 of 1872), any public record

or document or copy of such record or document from any office.

(2) The Appellate Tribunal may call upon such experts or

consultants from the fields of economics, commerce, accountancy, real

estate, competition, construction, architecture, law 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.

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30. Administrative powers of the Chairperson of the Appellate

Tribunal.— (1) The Chairperson of the Appellate Tribunal shall exercise

the administrative powers in respect of–

(a) matters pertaining to staff strength, wages and salaries

structures, emoluments, perquisites and personnel policies;

(b) matters pertaining to creation and abolition of posts;

confirmation of all posts;

(d) acceptance of resignations by any Member, Officer or

Employee;

(e) officiating against sanctioned posts;

(f) authorisation of tours to be undertaken by any Member,

officer or employee: within and outside India;

(g) matters relating to reimbursement of medical claim;

(h) matters relating to grant or rejection of leave;

(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 inviting guests to carry out training course;

(l) expenses relating to the welfare of the staff;

(m) according sanction for scrapping or write-off of capital

assets which have become unserviceable or are considered beyond

economical repairs due to normal wear and tear; and

(n) matters relating to initiation of disciplinary action against

any Member, Officer or Employee.

(2) The Chairperson of the Appellate Tribunal shall also

exercise such other powers that may be required for the efficient

functioning of the Appellate Tribunal and enforcement of the provisions

of the Act and rules and regulations made thereunder.

31. Functioning of Appellate Tribunal.— (1) The office of the

Appellate Tribunal shall be located at such place as may be determined

by the appropriate Government by notification.

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[PART–II

(2) The working days and office hours of the Appellate Tribunal

shall be similar to that of the normal working days and office hours of

the other offices of the appropriate Government.

(3) The official common seal and emblem of the Appellate

Tribunal shall be such as the appropriate Government may specify.

(4) Every notice, order and judgment of the Appellate Tribunal

shall bear the seal of the Appellate Tribunal which shall be in custody

with the person designated by the Chairperson.

(5) The Appellate Tribunal shall ordinarily have sittings at its

headquarters and at such places as the Chairperson may in general or

special order specify.

CHAPTER – VIII

Offences and Penalties

32. 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:—

Offence

Money to be paid for

compounding the offence

(1)

(2)

Punishable with imprisonment under

fixed at ten percent of the

sub section (2) of section 59.

estimated cost of the real estate

project.

Punishable with imprisonment under

fixed at ten percent of the

section 64.

estimated cost of the real estate

project.

Punishable with imprisonment under

fixed at ten percent of the

section 66.

estimated cost of the plot,

apartment or building, as the case

may be, of the real estate project,

for which the sale or purchase has

been facilitated.

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Punishable with imprisonment under

fixed at ten percent of the

section 68.

estimated cost of the plot,

apartment or building, as the case

may be.

(2) The promoter, allottee or real estate agent, as the case may

be, shall comply with the orders of the Authority or the Appellate

Tribunal, within the period specified by the court, which shall not be

more than 30 days from the date of compounding of the offence.

(3) On payment of amount in accordance with sub-rule (1) and

subsequent to compliance of the order of the Authority or the Appellate

Tribunal as provided in the sub-rule (2), any person in custody in

connection with that offence shall be set at liberty and no proceedings

shall be instituted or continued against such person in any Court for that

offence.

(4) The acceptance of amount for compounding an offence

under sub-rule (1), by the Court shall be deemed to an acquittal within

the meaning of section 300 of the Code of Criminal Procedure, 1973

(2 of 1974).

CHAPTER – IX

Filing of Complaint with the Authority and the Adjudicating Officer

33. Filing of complaint with the Authority and inquiry by

Authority.— (1) Any aggrieved person may file a complaint with the

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, in Form 'M', in triplicate, until the application

procedure is made web based, which shall be accompanied by a fees of

one thousand rupees in the form of a demand draft or banker's cheque

drawn on a scheduled bank in favour of Authority and payable at the

branch of that bank at the station where the seat of the Authority is

situated or through online payment, as the case may be.

(2) The Authority shall for the purposes of deciding any

complaint as specified under sub-rule (1), follow summary procedure for

inquiry in the following manner, namely:—

(1)

(2)

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(a) upon receipt of the complaint, the Authority shall issue a

notice along with particulars of the alleged contravention and the

relevant documents to the respondent;

(b) the respondent against whom such notice is issued under

clause (a) of sub-rule (2), may file his reply in respect of the

complaint within the period as specified in the notice;

and the date and time for hearing shall also be communicated to the

complainant;

(d) on the date so fixed, the Authority shall explain to the

respondent about the contravention alleged to have been

committed in relation to any of the provisions of the Act or rules

and regulations made thereunder and if the respondent,—

(i) pleads guilty, the Authority shall record the plea, and pass

such orders including imposition of penalty as it thinks fit

in accordance with the provisions of the Act or rules and

regulations, made thereunder;

(ii) does not plead guilty and contests the complaint, the

Authority shall demand an explanation from the

respondent;

(e) in case the Authority is satisfied on the basis of the

submissions made that the complaint does not require any further

inquiry, it may dismiss the complaint;

(f) in case the Authority is satisfied on the basis of the

submissions made that there is need for further hearing into the

complaint, it may order for production of documents or other

evidence on a date and time fixed by it;

(g) the Authority shall have the power to carry out an inquiry

into the complaint on the basis of documents and submissions;

(h) the Authority shall have the power to summon and enforce

the attendance of any person acquainted with the facts and

circumstances of the case to give evidence or to produce any

documents which in the opinion of the adjudicating officer, may be

useful for or relevant to the subject matter of the inquiry, and in

taking such evidence, the Authority shall not be bound to observe

the provisions of the Indian Evidence Act, 1872 (1 of 1872);

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(i) on the date so fixed, the Authority upon consideration of the

evidence produced before it and other records and submissions is

satisfied that—

(i) the respondent is in contravention of the provisions of the

Act or rules and regulations made thereunder, it shall pass

such orders including imposition of penalty as it thinks fit

in accordance with the provisions of the Act or rules and

regulations made thereunder; or

(ii) the respondent is not in contravention of the provisions of

the Act or rules and regulations made thereunder, the

Authority may, by order in writing, dismiss the complaint,

with reasons to be recorded in writing.

(j) if any person fails, neglects or refuses to appear, or present

himself as required before the Authority, the Authority shall have

the power to proceed with the inquiry in the absence of such

person or persons after recording the reasons for doing so.

(3) The procedure for day to day functioning of the Authority,

which have not been provided by the Act or the rules made thereunder,

shall be as specified by regulations made by the Authority.

(4) Where a party to the complaint is represented by an

authorised person, as provided under section 56, a copy of the

authorisation to act as such and the written consent thereto by such

authorised person, both in original, shall be appended to the complaint

or the reply to the notice of the complaint, as the case may be.

34. Filing a complaint with the adjudicating officer and inquiry

by adjudicating officer.— (1) Any aggrieved person may file a complaint

with the adjudicating officer for interest and compensation as provided

under section 12, 14, 18 and 19 in Form 'N', in triplicate, until the

application procedure is made online, which shall be accompanied by a

fee of one thousand rupees in the form of a Demand Draft or Banker's

Cheque drawn on a scheduled bank in favour of the Authority and

payable at the branch of that bank at the station where the seat of the

Authority is situated or through online payment, as the case may be.

(2) The Adjudicating Officer shall, for the purposes of adjudging

interest and compensation, follow summary procedure for inquiry in the

following manner, namely:—

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(a) upon receipt of the complaint, the adjudicating officer shall

issue a notice along with particulars of the alleged contravention

and the relevant documents to the respondent;

(b) the respondent against whom such notice is issued under

clause (a) of sub-rule (2) may file his reply in respect of the

complaint within the period as specified in the notice;

and the date and time for the hearing shall also be communicated

to the complainant;

(d) on the date so fixed, the adjudicating officer shall explain to

the respondent about the contravention alleged to have been

committed in relation to any of the provisions of the Act or the

rules and regulations made thereunder and if the respondent,—

(i) pleads guilty, the adjudicating officer shall record the plea,

and by order in writing, order payment of interest as

specified in rule 15 and such compensation as he thinks fit,

as the case may be, in accordance with the provisions of

the Act or the rules and regulations, made thereunder;

(ii) does not plead guilty and contests the complaint, the

adjudicating officer shall demand and explanation from the

respondent;

(e) in case the adjudicating officer is satisfied on the basis of

the submissions made that the complaint does not require any

further inquiry, the adjudicating officer may dismiss the complaint;

(f) in case the adjudicating officer is satisfied on the basis of

the submissions made that the there is a need for further hearing

into the complaint, the adjudicating officer may order production

of documents or other evidence on a date and time fixed by him;

(g) the adjudicating officer shall have the power to carry out an

inquiry into the complaint on the basis of documents and

submissions;

(h) the adjudicating officer shall have the power to summon and

enforce the attendance of any person acquainted with the facts

and circumstances of the case to give evidence or to produce any

documents which in the opinion of the adjudicating officer, may be

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useful for or relevant to the subject matter of the inquiry, and in

taking such evidence, the adjudicating officer shall not be bound

to observe the provisions of the Indian Evidence Act, 1872 (1 of 1872);

(i) on the date so fixed, the adjudicating officer upon

consideration of the evidence produced before him and other

records and submissions is satisfied that the respondent is,—

(i) liable to pay interest and compensation, as the case may

be, the adjudicating officer may, by order in writing, order

payment of interest as specified in rule 15 and such

compensation as he thinks fit, as the case may be, in

accordance with the provisions of the Act or rules and

regulations, made thereunder; or

(ii) not liable to any interest and compensation, as the case

may be, the adjudicating officer may, by order in writing,

dismiss the complaint, with reasons to be recorded in

writing.

(j) if any person fails, neglects or refuses to appear, or present

himself as required before the adjudicating officer, the adjudicating

officer shall have the power to proceed with the inquiry in the

absence of such person or persons after recording the reasons for

doing so.

(3) The procedure for day to day functioning of the adjudicating

officer, which have not been provided by the Act or rules made

thereunder, shall be as specified by regulations made by the Authority.

(4) Where a party to the complaint is represented by an

authorised person, as provided under section 56, a copy of the

authorisation to act as such and the written consent thereto by such

authorised person, both in original, shall be appended to the complaint

or the reply to the notice of the complaint, as the case may be.

CHAPTER – X

Budget and Report

35. Budget, accounts and audit.— (1) At the end of every

financial year, the Authority shall prepare a budget, maintain proper

accounts and other relevant records and prepare an annual statement of

accounts in Form 'O'.

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(2) The Authority shall preserve the accounts and other

relevant records prepared under sub-rule (1) for a minimum period of five

years.

(3) The accounts and other relevant records under sub-rule (1)

shall be signed by the Chairperson, Members, Secretary and the officer

in-charge of Finance and Accounts.

(4) The accounts of the Authority and the audit report shall, as

soon as possible, be submitted to the appropriate Government for laying

before the Legislature.

36. Annual Report.—(1) The Authority shall prepare its annual

report in Form 'P'.

(2) The Authority may also include in the Annual Report such

other matters as deemed fit by the Authority for reporting to the

appropriate Government.

(3) The annual report shall, after adoption at a meeting of the

Authority and signed by the Chairperson and Members and

authenticated by affixing the common seal of the Authority, with

requisite number of copies thereof, be submitted to the appropriate

Government within a period of one hundred and eighty days immediately

following the close of the year for which it has been prepared.

FORM ‘A’

[See rule 3(2)]

APPLICATION FOR REGISTRATION OF PROJECT

The Puducherry Real Estate Regulatory Authority,

..................................................................................

Sir,

[I/We] hereby apply for the grant of registration of [my/our]

project to be set up at ................ Village ................ [Municipality/

Commune Panchayat], ................ District ................, [Puducherry/

Karaikal/Mahe/Yanam].

953

PART–II]

LA GAZETTE DE L'ETAT

1. The requisite particulars are as under:—

(i) Status of the applicant - [individual/company/proprietorship firm/

societies/partnership firm/competent authority etc.];

(ii) In case of individual—

(a) Name

(b) Father's Name

(d) Address

(e) Contact details (phone number, :

e-mail, fax number, etc.):

(f) Name, photograph, contact :

details and address of the

promoter.

In case of [firm / societies / trust / companies / limited liability

partnership / competent authority etc.]–

(a) Name

(b) Address

certificate as [firm/ societies/

trust/companies/limited

liability partnership/competent

authority etc.]

(d) Main objects

(e) Contact details (phone number, :

e-mail, fax number, etc.):

(f) Name, photograph contact :

details and address of

[chairman/partners/ directors]

and authorised persons etc.

954

LA GAZETTE DE L'ETAT

[PART–II

(iii) PAN No. ................... of the promoter;

(iv) Name and address of the bank or banker with which account in

terms of sub-clause (D) of clause (l) of sub-section (2) of section 4

will be maintained ...................;

(v) Details of project land held by the applicant ...................;

(vi) Brief details of the projects launched by the promoter in the last

five years, whether already completed or being developed, as the

case may be, including the current status of the said projects, any

delay in its completion, details of cases pending, details of type

of land and payments pending etc. ...................;

(vii) Agency to take up external development works ................... [Local

Authority/Self Development];

(viii) Registration fee by way of a [Demand Draft / Banker's Cheque]

No. ..................., dated ................... for Rupees ................... in favour

of ................... drawn on ................... Bank, ................... Branch,

................... [Puducherry/Karaikal/Mahe/Yanam] or through online

payment ................... (give details of online payment such as date

paid, transaction number, etc) as the case may be calculated as per

sub-rule (3) of rule 3;

(ix) Any other information the applicant may like to furnish.

2. [I/We] enclose the following documents, namely:—

(i) authenticated copy of the PAN card and Aadhaar card of the

promoter;

(ii) annual report including audited profit and loss account, balance

sheet, cash flow statement, directors report and the auditor's

report of the promoter for the immediately preceding three

financial years and where annual report is not available, the

audited profit and loss account, balance sheet, cash flow

statement and the auditor's report of the promoter for the

immediately preceding three financial years;

(iii) authenticated copy of the legal title deed reflecting the title of the

promoter to the land on which development of project is proposed

along with legally valid documents for chain of title with

authentication of such title;

955

PART–II]

LA GAZETTE DE L'ETAT

(iv) details of encumbrances on the land on which development of

project is proposed including details of any rights, title, interest,

dues, litigation and name of any party in or over such land from

an advocate having experience of atleast ten years or no

encumbrance certificate from the revenue authority not below the

rank of Tahsildar, as the case may be;

(v) where the promoter is not the owner of the land on which

development of project is proposed, details of the consent of the

owner of the land along with a copy of the collaboration

agreement, development agreement, joint development agreement

or any other agreement, as the case may be, entered into between

the promoter and such owner and copies of title and other

documents reflecting the title of such owner on the land on which

the project is proposed to be developed;

(vi) an authenticated copy of the approvals obtained from the

planning authority obtained in accordance with the laws as may

be applicable for the real estate project mentioned in the

application, and where the project is proposed to be developed in

phases, an authenticated copy of the approvals obtained from the

planning authority for each of such phases;

(vii) the sanctioned plan, layout plan and specifications of the

proposed project or the phase thereof, and the whole project as

sanctioned by the planning authority;

(viii) the plan of development works to be executed in the proposed

project and the proposed facilities to be provided thereof

including fire-fighting facilities, drinking water facilities,

emergency evacuation services, use of renewable energy;

(ix) the location details of the project, with clear demarcation of land

dedicated for the project along with its boundaries including the

latitude and longitude of the end points of the project;

(x) proforma of the allotment letter, agreement for sale, and the

conveyance deed proposed to be signed with the allottees;

(xi) the number, type and the carpet area of apartments for sale in the

project along with the area of the exclusive balcony or verandah

areas and the exclusive open terrace areas with the apartment, if

any or details of the number, type and area of plots for sale in the

project or both, as the case may be;

956

LA GAZETTE DE L'ETAT

[PART–II

(xii) the number and areas of garage for sale in the project;

(xiii) the number of open parking areas and number of covered parking

areas available in the real estate project;

(xiv) the names and addresses of his real estate agents, if any, for the

proposed project;

(xv) the names and addresses of the contractors, architect, structural

engineer, if any and other persons concerned with the

development of the proposed project;

(xvi) a declaration in Form 'B'.

3. [I/We] enclose the following additional documents and information

regarding ongoing projects, as required under rule 4, and under other

provisions of the Act or the rules and regulations made thereunder,

namely:—

(i)

(ii)

(iii)

....

4. [I/We] solemnly affirm and declare that the particulars given in herein

are correct to [my /our] knowledge and belief and nothing material

has been concealed by [me/us] therefrom.

Dated :

Yours faithfully,

Place :

Signature and seal of the applicant(s).

————

957

PART–II]

LA GAZETTE DE L'ETAT

FORM 'B'

[See rule 3(4)]

DECLARATION, SUPPORTED BY AN AFFIDAVIT, WHICH

SHALL BE SIGNED BY THE PROMOTER OR ANY PERSON

AUTHORIZED BY THE PROMOTER

Affidavit-cum-Declaration

Affidavit cum Declaration of [Mr./Ms.] ................... [promoter of the

proposed project/duly authorised by the promoter of the proposed

project, vide its/his/their authorization dated ...................];

I, ................... [promoter of the project / duly authorised by the

promoter of the project] do hereby solemnly declare, undertake and state

as under:—

1. That [I / promoter] [have / has] a legal title to the land on

which the development of the project is proposed

................... [have/has] a legal title to the land on which the

development of the proposed project is to be carried out

and

a legally valid authentication of title of such land along with

an authenticated copy of the agreement between such owner

and promoter for development of the real estate project is

enclosed herewith.

2. That the said land is free from all encumbrances.

That details of encumbrances ................... including details of

any rights, title, interest, dues, litigation and name of any party

in or over such land.

3. That the time period within which the project will be completed

by [me/the promoter] is ....................

4. That seventy per cent of the amounts realised by [me/the

promoter] for the real estate project from the allottees, from time

to time, will be deposited in a separate account to be maintained

in a scheduled bank to cover the cost of construction and the

land cost and will be used only for that purpose.

958

LA GAZETTE DE L'ETAT

[PART–II

5. That the amounts from the separate account, to cover the cost

of the project, will be withdrawn by [me/the promoter] in

proportion to the percentage of completion of the project.

6. That the amounts from the separate account will be withdrawn

by [me/the promoter] 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.

7. That [I/the promoter] will get the accounts audited within six

months after the end of every financial year by a chartered

accountant in practice, and will produce a statement of

accounts duly certified and signed by such chartered

accountant and it will 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 to the percentage of completion of the project.

8. That [I/the promoter] will take all the pending approvals on

time, from the competent authorities.

9. That [I/the promoter] [have/has] furnished such other

documents as have been prescribed by the Act and the rules

and regulations made thereunder.

10. That [I/the promoter] will not discriminate against any allottee

at the time of allotment of any apartment, plot or building, as

the case may be.

Deponent

Verification

The contents of my above Affidavit cum Declaration are true and

correct and nothing material has been concealed by me therefrom.

Verified by me at .................... on this .................... day of ...................

Deponent

————

959

PART–II]

LA GAZETTE DE L'ETAT

FORM 'C'

[See rule 5(1)]

REGISTRATION CERTIFICATE OF PROJECT

This registration is granted under section 5 to the following project

under project registration number ................... : ................... [Specify

Details of Project including the project address];

1. [in the case of an individual] [Mr./Ms.] ........................ son of

[Mr./Ms.] ..................., ................... Village, ...................

[Municipality/Commune Panchayat], ..................... District,

................... [Puducherry/Karaikal/Mahe/Yanam];

[n the case of a firm/society/company/competent authority]

................... [firm/society/company/competent authority]

................... having its [registered office/principal place of

business] at ....................

2. This registration is granted subject to the following conditions,

namely:—

(i) The promoter shall enter into an agreement for sale with

the allottees as prescribed by the Government of

Puducherry;

(ii) The promoter shall execute and register a conveyance deed

in favour of the allottee or the association of the allottees,

as the case may be, of the apartment, plot or building, as

the case may be or the common areas as per section 17;

(iii) The promoter shall deposit seventy percent of the

amounts realised by the promoter in a separate account to

be maintained in a scheduled bank to cover the cost of

construction and the land cost to be used only for that

purpose as per sub-clause (D) of clause (l) of sub-section (2)

of section 4;

(iv) The registration shall be valid for a period of ............ years

commencing from ................... and ending with ...................

unless extended by the Authority in accordance with the

Act and the rules made thereunder;

960

LA GAZETTE DE L'ETAT

[PART–II

(v) The promoter shall comply with the provisions of the Act

and the rules and regulations made thereunder;

(vi) The promoter shall not contravene the provisions of any

other law for the time being in force as applicable to the

project.

3. If the above mentioned conditions are not fulfilled by the

promoter, the 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.

Dated :

Signature and seal of the Secretary

Place :

Puducherry Real Estate Regulatory Authority.

————

FORM ‘D’

[See rule 5(2), rule 6(4); rule 7]

INTIMATION OF REJECTION OF APPLICATION FOR

REGISTRATION OF PROJECT/REJECTION OF APPLICATION

FOR EXTENSION OF REGISTRATION OF PROJECT/

REVOCATION OF REGISTRATION OF PROJECT

From:

The Puducherry Real Estate Regulatory Authority,

..................................................................................

[Application/Registration] No. :

Dated :

961

PART–II]

LA GAZETTE DE L'ETAT

You are hereby informed that your application for registration of

your project is rejected.

You are hereby informed that your application for extension of the

registration of your project is rejected.

You are hereby informed that the registration granted to your

project is hereby revoked.

for the reasons set out : .........................................

Dated :

Signature and seal of the Secretary

Place :

Puducherry Real Estate Regulatory Authority.

————

FORM ‘D’

[See rule 6(1)]

APPLICATION FOR EXTENSION OF

REGISTRATION OF PROJECT

From:

..................................................................................

The Puducherry Real Estate Regulatory Authority,

..................................................................................

Sir,

[I/We] hereby apply for renewal of registration of the following

project :

..............................................................................................................

...............................................................................................................

registered with the Authority vide project registration certificate bearing

No. .................., which expires on ...................

962

LA GAZETTE DE L'ETAT

[PART–II

As required [I/we] submit the following documents and

information, namely:—

(i) A [Demand Draft / Banker's Cheque] No. .............................

dated ..................... for rupees ..................... in favour of

..................... drawn on ..................... Bank, ..................... Branch,

..................... [Puducherry/Karaikal/Mahe/Yanam] or through

online payment ..................... [give details of online payment

such as date paid, transaction number, etc.] as the case may be,

as extension fee as provided under sub-rule (2) of rule 6;

(ii) Authenticated Plan of the project showing the stage of

development works undertaken till date;

(iii) Explanatory note regarding the state of development works in

the project and reason for not completing the development

works in the project within the period declared in the

declaration submitted in Form ‘B’ at the time of making

application for the registration of the project .....................;

(iv) Authenticated copy of the [permission/approval] from the

planning authority which is valid for a period which is longer

than the proposed term of extension of the registration sought

from the Authority;

(v) The authenticated copy of the project registration certificate;

and

(vi) Any other information as may be specified by regulations.

Dated :

Yours faithfully,

Place :

Signature and seal of the applicant(s).

————

963

PART–II]

LA GAZETTE DE L'ETAT

FORM ‘F’

[See rule 6(4)]

CERTIFICATE FOR EXTENSION OF

REGISTRATION OF PROJECT

This extension of registration is granted under section 6 of the Act,

to the following project :

..............................................................................................................

...............................................................................................................

registered with the Authority vide project registration certificate bearing

No. .................., of:—

1. [in the case of an individual] [Mr./Ms.] ........................., son of

[Mr./Ms.] ......................... Village, ......................... [Municipality/

Commune Panchayat], ......................... District, [Puducherry/

Karaikal/Mahe/Yanam];

[in the case of a firm/society/company/competent authority]

......................... [firm / society / company / competent authority]

......................... having its [registered office / principal place of

business] at ..........................

2. This extension of registration is granted subject to the

following conditions, namely:—

(i) The promoter shall execute and register a conveyance deed

in favour of the allottee or the association of the allottees,

as the case may be, of the apartment, plot or building, as the

case may be, or the common areas as per section 17;

(ii) The promoter shall deposit seventy percent of the amounts

realised by the promoter in a separate account to be

maintained in a schedule bank to cover the cost of

construction and the land cost to be used only for that

purpose as per sub-clause (D) of clause (l) of sub-section (2)

of section 4;

(iii) The registration is extended for a period of .....................

[days/months/years] and will be valid until .....................;

964

LA GAZETTE DE L'ETAT

[PART–II

(iv) The promoter shall comply with the provisions of the Act

and the rules and regulations made thereunder;

(v) The promoter shall not contravene the provisions of any

other law for the time being in force as applicable to the

project;

(vi) If the above mentioned conditions are not fulfilled by the

promoter, the 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.

Dated :

Signature and seal of the Secretary

Place :

Real Estate Regulatory Authority.

————

FORM ‘G’

[See rule 8(1)]

APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT

The Puducherry Real Estate Regulatory Authority,

..................................................................................

Sir,

[I/We] apply for the grant of registration as a real estate agent to

facilitate the sale or purchase of any plot, apartment or building, as the

case may be, in real estate projects registered in the Union territory of

Puducherry in terms of the Act and the rules and regulations made

thereunder,

1. [in the case of an individual] [Mr./Ms.] .......................... son of

[Mr./Ms.] .........................., ..........................Village,

.......................... [Municipality/Commune Panchayat],

.......................... District, [Puducherry/Karaikal/Mahe/Yanam];

965

PART–II]

LA GAZETTE DE L'ETAT

[in the case of a firm/society/company] .......................... [firm/

society/company] .......................... having its [registered office/

principal place of business] at ...........................

2. The requisite particulars are as under:—

(i) Status of the applicant, whether [individual/company/

proprietorship firm/societies/partnership firm/limited liability

partnership, etc.];

(ii) In case of [individual/proprietorship firm]—

(a) Name of [Individual/

Proprietorship firm].

(b) Father's Name

(d) Address

(e) Contact details

(Phone number, email,

fax number, etc).

(f) Name, photograph, :

contact details and

address of the proprietor.

(or)

In case of [partnership firm/societies/companies etc.]—

(a) Name (partnership firm/ :

societies/companies etc.)

(b) Address

certificate as (partnership

firm/societies/companies

etc.).

(d) Major activities

(e) Contact details (Phone :

number, email, fax number,

etc).

966

LA GAZETTE DE L'ETAT

[PART–II

(f) Name, photograph, contact :

details and address of

(partners/directors etc.).

(iii) particulars of registration as [proprietorship/societies/

partnership/company, etc.] including the bye-laws,

memorandum of association, articles of association etc. as

the case may be;

(iv) authenticated copy of the address proof of the place of

business;

(v) Details of registration in any other State or Union Territory;

(vi) Any other information as specified by regulations.

3. [I/we] enclose the following documents along with, namely:—

(i) A [Demand Draft/Banker's Cheque] No. .......... dated .............

for rupees ........................ in favour of ........................ drawn

on ........................ Bank, ........................ Branch,

........................ [Puducherry/Karaikal/Mahe/Yanam] or

through online payment ........................ [give details of

online payment such as date paid, transaction number, etc.]

as the case may be, as registration fee as per sub-rule (2) of

rule 8;

(ii) Authenticated copy of the PAN card and Aadhaar card of

the real estate agent; and

(iii) Authenticated copy of the registration as a real estate agent

in any other State or Union Territory, if applicable;

4. [I/we] solemnly affirm and declare that the particulars given in

herein are correct to [my/our] knowledge and belief and nothing

material has been concealed by [me/us] therefrom.

Dated :

Yours faithfully,

Place :

Signature and seal of the applicant(s).

————

967

PART–II]

LA GAZETTE DE L'ETAT

FORM ‘H’

[See rule 9(2)]

REGISTRATION CERTIFICATE OF REAL ESTATE AGENT

1. This registration is granted under section 9 with registration

certificate bearing No. ........................ to —

1. [in the case of an individual] [Mr./Ms.] ..................................

son of [Mr./Ms.]..............................................................,

.......................................... Village, ............................

[Municipality/Commune Panchayat], .......................................

District, [Puducherry/Karaikal/Mahe/Yanam];

(or)

[in the case of a firm/society/company etc.] ....................... [firm/

society/company, etc.] ....................... having its [registered

office/principal place of business] at ........................

to act as a real estate agent to facilitate the sale or purchase

of any plot, apartment or building, as the case may be, in real

estate projects registered in the Union territory of Puducherry

in terms of the Act and the rules and regulations made

thereunder,

2. This registration is granted subject to the following conditions,

namely:—

(i) The real estate agent shall not facilitate the sale or purchase

of any plot, apartment or building, as the case may be, in a

real estate project or part of it, being sold by the promoter

which is required but not registered with the regulatory

authority;

(ii) The real estate agent shall maintain and preserve such

books of account, records and documents as provided under

rule 12;

(iii) The real estate agent shall not involve himself in any unfair

trade practices as specified under clause (c) of section 10;

968

LA GAZETTE DE L'ETAT

[PART–II

(iv) The real estate agent shall facilitate the possession of all

information and documents, as the allottee is entitled to, at

the time of booking of any plot, apartment or building, as

the case may be;

(v) The real estate agent shall provide assistance to enable the

allottee and promoter to exercise their respective rights and

fulfil their respective obligations at the time of booking and

sale of any plot, apartment or building, as the case may be;

(vi) The real estate agent shall comply with the provisions of the

Act and the rules and regulations made thereunder;

(vii) The real estate agent shall not contravene the provisions of

any other law for the time being in force as applicable to

him;

(viii) The real estate agent shall discharge such other functions

as may be specified by the Authority by regulations;

3. The registration is valid for a period of five years commencing

from ...................................... and ending with ..............................

unless renewed by the Authority in 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 agent, the Authority may take necessary action against

the real estate agent including revoking the registration granted

herein, as per the Act and the rules and regulations made

thereunder.

Dated :

Signature and seal of the Secretary

Place :

Puducherry Real Estate Regulatory Authority.

————

969

PART–II]

LA GAZETTE DE L'ETAT

FORM ‘I’

[See rule 9(3), 10(4), 11]

INTIMATION OF REJECTION OF APPLICATION FOR

REGISTRATION OF REAL ESTATE AGENT / REJECTION OF

APPLICATION FOR RENEWAL OF REGISTRATION OF REAL

ESTATE AGENT / REVOCATION OF REGISTRATION OF REAL

ESTATE AGENT

From:

The Puducherry Real Estate Regulatory Authority,

..................................................................................

[Application/Registration] No.: ..............................

Dated : .......................

You are hereby informed that your application for registration as

real estate agent is rejected.

(or)

You are hereby informed that your application for the renewal of

the registration as real estate agent is rejected.

(or)

You are hereby informed that the registration granted to you as

real estate agent is hereby revoked / suspended.

for the reasons set out: .............................

Dated :

Signature and seal of the Secretary

Place :

Puducherry Real Estate Regulatory Authority.

————

970

LA GAZETTE DE L'ETAT

[PART–II

FORM ‘J’

[See rule 10(1)]

APPLICATION FOR RENEWAL OF REGISTRATION OF

REAL ESTATE AGENT

From:

..................................................................................

The Puducherry Real Estate Regulatory Authority,

..................................................................................

Sir,

[I/We] apply for renewal of [my/our] registration as a real estate

agent under registration certificate bearing No. ........................, which

expires on .........................

1. As required [I/we] submit the following documents and

information, namely:—

(i) A [Demand Draft/Banker's Cheque] No. .......................

dated ....................... for rupees ....................... in favour of

....................... drawn on ....................... Bank, .......................

Branch, ............................ [Puducherry/Karaikal/Mahe/

Yanam] or through online payment .....................................

[give details of online payment such as date paid,

transaction number, etc] as the case may be, as renewal fee

as per sub-rule (2) of rule 10;

(ii) The authenticated copy of the registration certificate; and

(iii) Status of the applicant, whether [individual/company/

proprietorship firm/societies/partnership firm/limited liability

partnership, etc.];

971

PART–II]

LA GAZETTE DE L'ETAT

(iv) In case of individual—

(a) Name [Individual/Proprietorship :

firm].

(b) Father’s Name

(d) Address

(e) Contact details (Phone number, :

email, fax number, etc).

(f) Name, Photograph, contact :

details and address of the

proprietor.

(or)

In case of [partnership firm/societies/companies, etc.]—

(a) Name [partnership firm/societies/ :

companies, etc.].

(b) Address

[partnership firm/societies/

companies, etc.].

(d) Major activities

(e) Contact details (Phone number, :

email, fax number, etc.).

(f) Name, photograph, contact :

details and address of [partners/

directors, etc.].

(v) particulars of registration as [proprietorship/societies/

partnership/company, etc.] including the bye-laws,

memorandum of association, articles of association etc. as

the case may be;

(vi) authenticated copy of the address proof of the place of

business;

972

LA GAZETTE DE L'ETAT

[PART–II

(vii) authenticated copy of the PAN card of the real estate

agent;

(viii) authenticated copy of the registration as a real estate agent

in any other State or Union Territory, if applicable;

(ix) Any other information as specified by regulations.

2. [I/we] solemnly affirm and declare that the particulars given in

herein are correct to [my/our] knowledge and belief and nothing material

has been concealed by [me/us] therefrom.

Dated :

Yours faithfully,

Place :

Signature and seal of the applicant(s).

————

FORM ‘K’

[See rule 10(4)]

CERTIFICATE OF RENEWAL OF REGISTRATION OF

REAL ESTATE AGENT

1. This renewal of registration is granted under section 9 to—

[in the case of an individual] [Mr./Ms.] .................................. son of

[Mr./Ms.] .................................., .................................. Village,

.............................................. [Municipality/Commune Panchayat],

.................................. District, [Puducherry/Karaikal/Mahe/Yanam];

(or)

[in the case of a firm / society / company, etc.] ..................................

[firm/society/company, etc.] .................................. having its [registered

office/principal place of business] at .........................................................

in continuation to registration certificate bearing No. ...........................,

of ............................

2. This renewal of registration is granted subject to the following

conditions, namely:—

973

PART–II]

LA GAZETTE DE L'ETAT

(i) The real estate agent shall not facilitate the sale or purchase

of any plot, apartment or building, as the case may be, in a

real estate project or part of it, being sold by the promoter

which is required but not registered with the Authority;

(ii) The real estate agent shall maintain and preserve such

books of account, records and documents as provided under

rule 12;

(iii) The real estate agent shall not involve himself in any unfair

trade practices as specified under clause (c) of section 10;

(iv) The real estate agent shall facilitate the possession of all

documents, as the allottee is entitled to, at the time of

booking of any plot, apartment or building, as the case may be.

(v) The real estate agent shall provide assistance to enable the

allottee and promoter to exercise their respective rights and

fulfil their respective obligations at the time of booking and

sale of any plot, apartment or building, as the case may be;

(vi) The real estate agent shall comply with the provisions of the

Act and the rules and regulations made thereunder;

(vii) The real estate agent shall not contravene the provisions of

any other law for the time being in force as applicable to

him;

(viii) The real estate agent shall discharge such other functions

as may be specified by the Authority by regulations;

3. The registration is valid for a 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.

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 the registration granted herein,

as per the Act and the rules and regulations made thereunder.

Dated :

Signature and seal of the Secretary

Place :

Puducherry Real Estate Regulatory Authority.

974

LA GAZETTE DE L'ETAT

[PART–II

FORM ‘L’

[See rule 24(2)]

APPEAL TO APPELLATE TRIBUNAL

Appeal under section 44

For use of Appellate Tribunal's office :

Date of filing

Date of [receipt at the filing counter :

of the Registry/receipt by post/online

filing].

Appeal No.

Signature

Registrar

IN THE REAL ESTATE APPELLATE TRIBUNAL (Name of place)

Between

.................................. Appellant(s)

And

.................................. Respondent(s)

Details of appeal :

1. Particulars of the appellants :

(i) Name(s) of the appellant

(ii) Address of the existing office/ :

residence of the appellant.

(iii) Address for service of all notices :

(iv) Contact details (Phone number, :

e-mail, fax number, etc.).

2. Particulars of the respondents :

(i) Name(s) of respondent

(ii) Office address of the respondent :

(iii) Address for service of all notices :

(iv) Contact details (Phone number, :

e-mail, fax number, etc.).

975

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3. Jurisdiction of the Appellate Tribunal:

The appellant declares that the subject matter of the appeal falls

within the jurisdiction of the Appellate Tribunal.

4. Limitation :

The appellant declares that the appeal is within the limitation

specified in sub-section (2) of section 44

(or)

If the appeal is filed after the expiry of the limitation period

specified under sub-section (2) of section 44, specify reasons for

delay .................................

5. Facts of the case :

(give a concise statement of facts and grounds of appeal against

the specific order of Authority or the adjudicating officer, as the

case may be, passed under section(s) ................................. or

rule(s) ................................. or regulation(s) .............................. )

6. Relief(s) sought :

In view of the facts mentioned in paragraph 5 above, the

appellant prays for the following relief(s) ....................................

[Specify below the relief(s) sought explaining the grounds of

relief(s) and the legal provisions (if any) relied upon]

7. Interim order, if prayed for :

Pending final decision on the appeal, the appellant seeks issue

of the following interim order:

[Give here the nature of the interim order prayed for with

reasons]

8. Matter not pending with any other court, etc.:

The appellant further declares that the matter regarding which

this appeal has been made is not pending before any court of law

or any other authority or any other tribunal(s).

976

LA GAZETTE DE L'ETAT

[PART–II

9. Particulars of [demand draft/banker's cheque/online payment] in

respect of the fee in terms of sub-rule (1) of rule 24:

(i) Amount

(ii) Name of the bank on which drawn :

(iii) [Demand draft number/banker's :

cheque number/online payment

transaction number].

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.

(iv) Other documents as annexed along with the appeal.

Signature of the appellant(s)

Verification

I, .............................. (name in full block letters) [son/daughter] of

...................... the appellant do hereby verify that the contents of

paragraphs 1 to 10 are true to my personal knowledge and belief and that

I have not suppressed any material fact(s).

Place:

Date :

Signature of the appellant(s)

Instructions :

(1) Every appeal shall be filed in English and in case it is in some other

Indian language, it shall be accompanied by a copy translated in

English and shall be fairly and legibly type-written, lithographed or

printed in double spacing on one side of standard petition paper with

an inner margin of about four centimetres width on top and with a

right margin on 2.5 c.m., and left margin of 5 c.m., duly paginated,

indexed and stitched together in paper book form.

(2) Every appeal shall be presented along with an empty file size

envelope bearing full address of the respondent and where the

number of respondents is more than one, then sufficient number of

extra empty file size envelopes bearing full address of each

respondent shall be furnished by the party preferring the appeal.

977

PART–II]

LA GAZETTE DE L'ETAT

FORM ‘M’

[See rule 33(1)]

COMPLAINT TO AUTHORITY

Complaint under section 31

For use of Puducherry Real Estate :

Regulatory Authority's office.

Date of filing

Date of [receipt at the filing counter/ :

receipt by post/online filing]

Complaint No.

Signature

Authorised person

IN THE PUDUCHERRY REAL ESTATE

REGULATORY AUTHORITY'S OFFICE

Between

.................................. Complainant(s)

And

.................................. Respondent(s)

Details of claim :

1. Particulars of the complainant(s) :

(i) Name(s) of the complainant

(ii) Address of the existing office/ :

residence of the complainant.

(iii) Address for service of all notices :

(iv) Contact details (Phone number, :

e-mail, fax number, etc.).

978

LA GAZETTE DE L'ETAT

[PART–II

2. Particulars of the respondents :

(i) Name(s) of respondent

(ii) Office address of the respondents :

(iii) Address for service of all notices :

(iv) Contact details (Phone number, :

e-mail, fax number, etc.).

3. Jurisdiction of the Authority:

The complainant declares that the subject matter of the claim

falls within the jurisdiction of the Authority.

4. Facts of the case:

[give a concise statement of facts and grounds for complaint]

5. Relief(s) sought:

In view of the facts mentioned in paragraph 4 above, the

complainant prays for the following relief(s) ................................

[Specify here the relief(s) claimed explaining the grounds of

relief(s) and the legal provisions (if any) relied upon]

6. Interim order, if prayed for :

Pending final decision on the complaint, the complainant seeks

issue of the following interim order:

[Give here the nature of the interim order prayed for with

reasons].

7. Complaint not pending with any other court, etc.:

The complainant further declares that the matter regarding which

this complaint has been made is not pending before any court

of law or any other authority or any other tribunal(s).

8. Particulars of [demand draft/banker's cheque or online payment]

in respect of the fee in terms of sub-rule (1) of rule 33 :

(i) Amount

(ii) Name of the bank on which drawn :

979

PART–II]

LA GAZETTE DE L'ETAT

(iii) [Demand draft number/banker's :

cheque number/online payment

transaction number].

9. List of enclosures :

1. Copies of the documents relied upon by the complainant

and referred to in the complaint.

2. An index of documents

3. Other documents as annexed along with the complaint.

Signature of the complainant(s)

Verification

I, ................................ (name in full block letters) [son / daughter]

of .......................... the complainant do hereby verify that the contents of

paragraphs 1 to 9 are true to my personal knowledge and belief and that

I have not suppressed any material fact(s).

Place:

Date :

Signature of the complainant(s)

Instructions :

(1) Every complaint shall be filed in English or Tamil and in case it is in

some other Indian language, it shall be accompanied by a copy

translated in English and shall be fairly and legibly type-written,

lithographed or printed in double spacing on one side of standard

petition paper with an inner margin of about four centimetres width

on top and with a right margin on 2.5 cm, and left margin of 5 cm, duly

paginated, indexed and stitched together in paper book form.

(2) Every complaint shall be presented along with an empty file size

envelope bearing full address of the respondent and where the

number of respondents is more than one, then sufficient number of

extra empty file size envelopes bearing full address of each

respondent shall be furnished by the party preferring the

complaint.

————

980

LA GAZETTE DE L'ETAT

[PART–II

FORM ‘N’

[See rule 34(1)]

COMPLAINT TO ADJUDICATING OFFICER

Claim for interest and compensation under section 31

read with section 71

For use of Adjudicating Officer's office :

Date of filing

Date of [receipt at the filing counter/ :

receipt by post/online filing]

Complaint No.

Signature

Authorised Officer

IN THE PUDUCHERRY ADJUDICATING OFFICER'S OFFICE

Between

.................................. Complainant(s)

And

.................................. Respondent(s)

Details of claim :

1. Particulars of the complainant(s) :

(i) Name(s) of the complainant

(ii) Address of the existing office/ :

residence of the complainant.

(iii) Address for service of all notices :

(iv) Contact details (Phone number, :

e-mail, fax number, etc.).

(v) Details of allottees apartment, :

plot or building, as the case may be.

981

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2. Particulars of the respondents :

(i) Name(s) of respondent

(ii) Office address of the respondents :

(iii) Address for service of all notices :

(iv) Contact details (Phone number, :

e-mail, fax number, etc.).

(v) Registration No. and address :

of project.

3. Jurisdiction of the Adjudicating Officer:

The complainant declares that the subject matter of the claim

falls within the jurisdiction of the adjudicating officer.

4. Facts of the case:

[give a concise statement of facts and grounds of claim against

the promoter]

5. Compensation(s) sought:

In view of the facts mentioned in paragraph 4 above, the

complainant prays for the following compensation(s) ...................

[Specify here the compensation(s) claimed explaining the

grounds of claim(s) and the legal provisions (if any) relied upon]

6. Claim not pending with any other court, etc.:

The complainant further declares that the matter regarding which

this compliant has been made is not pending before any court

of law or any other authority or any other tribunal(s).

7. Particulars of [Demand draft number / banker's cheque number/

online payment transaction number] in respect of the fee in terms of

sub-rule (1) of rule 34 :

(i) Amount

(ii) Name of the bank on which drawn :

(iii) [Demand draft number/banker's :

cheque number/online payment

982

LA GAZETTE DE L'ETAT

[PART–II

8. List of enclosures:

1. Copies of the documents relied upon by the complainant

and referred to in the complaint.

2. An index of the documents.

3. Other documents as annexed along with the complaint.

Signature of the complainant(s)

Verification

I, ................................ (name in full block letters) [son / daughter]

of ................................ the complainant do hereby verify that the contents

of paragraphs 1 to 8 are true to my personal knowledge and belief and

that I have not suppressed any material fact(s).