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( 1333 )

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, MARCH 8, 2021

(PHALGUNA 17, 1942 SAKA)

PUNJAB VIDHAN SABHA SECRETARIAT

NOTIFICATION

The 8th March, 2021

No. 18-PLA-2021/20.-The Punjab Apartment And Property Regulation

(Amendment) Bill, 2021 is hereby published for general information under the

proviso to rule 121 of the Rules of Procedure and Conduct of Business in the

Punjab Vidhan Sabha (Punjab Legislative Assembly):-

BILL NO. 18-PLA- 2021

THE PUNJAB APARTMENT AND PROPERTY REGULATION

(AMENDMENT) BILL, 2021

BILL

further to amend the Punjab Apartment and Property Regulation Act, 1995.

BE it enacted by the Legislature of the State of Punjab in the Seventy-

second year of the Republic of India as follows:-

(1)

This Act may be called the Punjab Apartment and Property

Regulation (Amendment) Act, 2021.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

Short title and

Commencement.

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In the Punjab Apartment and Property Regulation Act, 1995

(hereinafter referred to as the principal Act), in section 2,-

(i)

for clause (a), the following clause shall be substituted, namely:-

"(a)

"advertisement" means any document described or

issued as advertisement through any medium and

includes any notice, circular or other documents or

publicity in any form, informing persons about a colony,

or offering for sale of a plot, building or apartment or

inviting persons to purchase in any manner such plot,

building or apartment, or to make advances or deposits

for such purposes;";

(ii)

in clause (cc), for the words "five or more apartments",

wherever occurring, the words "eight or more apartments"

shall be substituted;

(iii)

in clause (i),-

(a)

for the words "one thousand square meters", wherever

occurring, the words "five hundred square meters"

shall be substituted; and

(b)

in sub-clause (ii), for the sign ";" at the end, the sign

and word "; or" shall be substituted and after sub-

clause (ii), the following sub-clause shall be added,

namely:-

"(iii)

as a result of family partition, inheritance,

succession or partition of joint holdings not

with the motive of earning profit;";

(iv)

for clause (j), the following clause shall be substituted, namely:-

"(j)

"common areas" means,-

(i)

the entire land of the project, or where the

project is developed in phases, the entire land

of that phase;

(ii)

the staircases, lifts, staircase and lift lobbies,

fire escapes, and common entrances and exits

of buildings;

(iii)

the common basements, terraces, parks, play

areas, open parking areas and common

storage spaces;

(iv)

the premises for the lodging of persons

employed for the management of the property

Amendment

in section 2 of

Punjab Act

14 of 1995.

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including accommodation for watch and ward

staffs or for the lodging of community service

personnel;

(v)

installations of central services such as

electricity, gas, water and sanitation, air-

conditioning and incinerating, system for

water conservation and renewable energy;

(vi)

the water tanks, sumps, motors, fans,

compressors, ducts and all apparatus

connected with installations for common use;

(vii)

all community and commercial facilities as

provided in the project; and

(viii)

all other portions of the project necessary or

convenient for its maintenance, safety, etc.,

and in common use;";

(v)

after clause (l), the following clauses shall be inserted, namely:-

"(la)

"completion certificate of building" means a certificate

issued by the competent authority on written request

of the applicant or promoter after completion of

building works including finishing of all common

services and utilities as provided in the approved

Building Plans and Service Plans;

(lb)

"completion certificate of project" means the

completion certificate, or such other certificate, by

whatever name called, issued by the competent

authority certifying that the real estate project has

been developed according to the sanctioned plan,

layout plan and specifications, as approved by the

competent authority under the local laws;";

(vi)

for clause (o), the following clause shall be substituted, namely:-

"(o)

"estate agent" means any person, who negotiates or

acts on behalf of one person in a transaction of transfer

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

by way of sale, with another person or transfer of

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

any other person to him and receives remuneration

or fees or any other charges for his services, whether

as commission or otherwise, and includes a person

who introduces, through any medium, prospective

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buyers and sellers to each other for negotiation for

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

case may be, and includes property dealers, brokers,

middlemen, by whatever name called;";

(vii)

after clause (v), the following clauses shall be inserted, namely:-

"(va)

"occupation certificate of building" means a certificate

issued by the competent authority to occupy a building

or part of the building or any portion whatsoever;

(vb)

“partial completion certificate” means a certificate

issued by the authority, competent to issue the same,

for a part of project area on completion of development

works in that part or part of a building block in case

of built up projects, as the case may be;"; and

(viii)

for clause (w), the following clause shall be substituted,

namely:-

"(w)

"person" includes,-

(i)

an individual;

(ii)

a Hindu Undivided Family;

(iii)

a company;

(iv)

a firm under the Indian Partnership Act, 1932

or the Limited Liability Partnership Act, 2008,

as the case may be;

(v)

an association of persons or a body of

individuals, whether incorporated or not;

(vi)

a co-operative society registered under the

Punjab Co-operative Societies Act, 1961

(Punjab Act No. 25 of 1961); and

(vii)

any such other entity as the State Government

may, by notification, specify in this behalf;".

In the principal Act, in section 3, for sub-section (2), the following sub-

section shall be substituted, namely:-

"(2)

A promoter who develops a colony or who constructs or intends

to construct such building of apartments shall, -

(a)

make full and true disclosure of the nature of his title to the

land on which such colony is developed or such building is

constructed or is to be constructed, such title to the land having

Amendment in

section 3 of

Punjab Act 14

of 1995.

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been duly certified by an officer not below the rank of Tehsildar

after he has examined the transactions concerning it in the

previous ten years and 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;

(b)

furnish details of encumbrances on the land on which

development of project is proposed, including details of any

rights, title, interest and name of any party in or over such

land or non-encumbrance certificate, through an advocate

having experience of atleast ten years from the revenue

authority not below the rank of Tehsildar, as the case may be;

and

(c)

submit an affidavit that all statutory requirements have been

got completed for submission of revised layout or building

plans.".

In the principal Act, in section 4, in sub-section (1), for clause (a), the

following shall be substituted, namely:-

"(a)

(i)

he obtains license under sub-section (3) of section 5; and

(ii)

he obtains registration under section 5 of the Real

Estate (Regulation and Development) Act, 2016

(Central Act No. 16 of 2016),

which are in force and have not been suspended or revoked and their

numbers are mentioned in the advertisement or prospects; and".

In the principal Act, in section 6,-

(i)

for sub-sections (1) and (2), the following sub-sections shall

be substituted, namely:-

"(1) Notwithstanding anything contained in any other

law for the time being in force, a promoter who intends to

construct or constructs a building of apartments, all or some

of which are to be taken or are taken on ownership basis, or

who intends to offer for sale plots in a colony, shall, before he

accepts any sum of money as advance payment or deposit,

which shall not be more than ten per cent of the sale price,

enter into a written agreement for sale with each of such

Amendment in

section 4 of

Punjab Act 14

of 1995.

Amendment in

section 6 of

Punjab Act 14

of 1995.

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persons who are to take or have taken such apartments, or

plots, as the case may be, and the agreement shall be as

provided under section 13 of the Real Estate (Regulation and

Development) Act, 2016 and the rules framed thereunder

together with documents and shall be registered under the

Registration Act, 1908 (Central Act No. 16 of 1908):

Provided that, if only a refundable application fee is

collected from the applicant before draw of lots for allotment,

such agreement will be required only after such draw of lots.

(2) The promoter shall not cancel unilaterally the

agreement of sale entered into under sub-section (1) and if

has sufficient cause to cancel it, he shall give due notice to the

other parties to the agreement and tender a refund of the full

amount collected together with interest at such rate as may

be prescribed in this behalf including compensation in the

manner as provided under the Real Estate (Regulation and

Development) Act, 2016 and the rules made thereunder."; and

(ii)

sub-section (3) shall be omitted.

In the principal Act, for section 9, the following section shall be

substituted, namely:-

"9.

The promoter shall maintain a separate account in any

scheduled bank of sums of seventy percent taken

by him from persons intending to take or who have

taken apartments or plots, as advance, towards sale

price or for any other purpose, or, deposit, including

any sum so taken towards the share capital for the formation of a

co-operative society or a company, or towards the outgoings (including

ground rent, if any, municipal or other local taxes, charges for

water or electricity, revenue assessment, interest on mortgages or

other encumbrances, if any, stamp duty and registration fee for the

agreement of sale and the conveyance):

Provided that the promoter shall withdraw the amounts from

the separate account, to cover the cost of the colony, in proportion to

the percentage of completion of the colony:

Provided further that the amounts from the separate account

shall be withdrawn by 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 colony:

Provided further that the promoter shall get his accounts audited

Substitution

of section 9 of

Punjab Act

14 of 1995.

Accounts of

sums taken by

promoter.

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within six months after the end of every financial year by a chartered

accountant in practice, and shall produce a statement of accounts duly

certified and signed by such chartered accountant and it shall be verified

during the audit that the amounts collected for a particular colony

have been utilised for the colony and the withdrawal has been in

compliance with the proportion to the percentage of completion of the

colony.

Explanation.- For the purpose of this section, the term "scheduled bank"

means a bank included in the Second Schedule to the Reserve

Bank of India Act, 1934.".

In the principal Act, after section 10, the following section shall be

inserted, namely:-

"10-A. (1) The promoter shall not transfer or assign his majority

rights and liabilities in respect of a colony to a third

party without obtaining prior written consent from two-

third allottees, except the promoter, and without the

prior written approval of the competent authority:

Provided that such transfer or assignment shall not affect the allotment

or sale of the apartments, plots or buildings, as the case may be, in the colony

made by the erstwhile promoter.

Explanation.- For the purpose of this sub-section, the allottee, irrespective of

the number of apartments or plots, as the case may be, booked by him

or booked in the name of his family, or in the case of other persons

such as companies or firms or any association of individuals, by

whatever name called, booked in its name or booked in the name of its

associated entities or related enterprises, shall be considered as one

allottee only.

(2)

On the transfer or assignment being permitted by the allottees

and the competent authority under sub-section (1), the intending promoter shall

be required to independently comply with all the pending obligations under the

provisions of this Act and the rules made thereunder, and the pending obligations

as per the agreement for sale entered into by the erstwhile promoter with the

allottees:

Provided that any transfer or assignment permitted under the provisions

of this section shall not result in extension of time to the intending promoter to

complete the colony and he shall be required to comply with all the pending

obligations of the erstwhile promoter, and in case of default, such intending

promoter shall be liable to the consequences of breach or delay, as the case

may be, as provided under this Act and the rules made thereunder.".

Insertion of

section 10 -A

of Punjab Act

14 of 1995.

Non-transfer of

majority rights

and liabilities.

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In the principal Act, for sections 12 and 13, the following sections shall

be substituted, namely:-

"12.

(1)

If the promoter,-

(a)

fails to give possession, in accordance with the terms

of his agreement, of a plot or an apartment duly completed by

the date specified, or any further date agreed to by the parties;

(b)

for reasons beyond his control and of his agents, is unable to

give possession of the plot or the apartment by the date

specified, or further agreed date, the promoter shall be liable

on demand, but without prejudice to any other remedies to

which he may be liable, to refund the amounts already received

by him in respect of that plot or apartment with interest

including compensation at such rate and in such manner as

provided under section 18 of the Real Estate (Regulation and

Development) Act, 2016 and the rules made thereunder, and

the amounts and the interest shall be a charge on the land on

which a plot is to be developed, or a building is or was to be

constructed and the construction, if any, thereon shall be subject

to any prior encumbrances:

Provided that where an allottee does not intend to withdraw from the

colony, he shall be paid, by the promoter, interest for every month of delay, till

the handing over of the possession, at such rate as may be prescribed under

the Punjab State Real Estate (Regulation and Development) Rules, 2017 made

under the Real Estate (Regulation and Development) Act, 2016.

(2) The promoter shall compensate the allottees in case of any loss

caused to him due to defective title of the land on which the colony is being

developed or has been developed, in the manner as provided under the Real

Estate (Regulation and Development) Act, 2016, and the claim for compensation

under this sub-section shall not be barred by limitation provided under any law

for the time being in force.

(3) If the promoter fails to discharge any other obligations imposed on

him under this Act and the rules made thereunder or in accordance with the

terms and conditions of the agreement for sale, he shall be liable to pay such

compensation to the allottees, as provided under the Real Estate (Regulation

and Development) Act, 2016.

13. (1) No promoter shall, after he executes an agreement to sell any

apartment or plot, mortgage or create a charge on

such apartment or the land or the plot, without

obtaining the consent of two-third of allottees who

Substitution of

sections 12 and

13 of Punjab Act

14 of 1995.

No mortgage

without consent.

Refund

amount.

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take or agree to take such apartment or plot, and without the prior

written approval of the competent authority:

Provided that if any such mortgage or charge is made or created

without such previous consent after the agreement referred to in section 6 is

registered, it shall not affect the right and interest of such person.

(2) On the transfer or assignment being permitted by the allottees and

the competent authority under sub-section (1), the intending promoter shall be

required to independently comply with all the pending obligations under the

agreement for sale entered into by the erstwhile promoter with the allottees:

Provided that any transfer or assignment permitted under provisions

of this section shall not result in extension of time to the intending promoter to

complete the colony and he shall be required to comply with all the pending

obligations of the erstwhile promoter, and in case of default, such intending

promoter shall be liable to the consequences of breach or delay, as the case

may be.

(3) If a promoter has executed an agreement of sale of an apartment

or a plot with a person and has not yet received from him all the amounts

agreed to be paid, the latter shall not mortgage or create a charge against such

apartment or plot without the previous consent of the promoter:

Provided that the promoter shall not withhold consent if the mortgage

or charge is for the purpose of obtaining finance for the payment of amounts

due to the promoter.".

In the principal Act, in section 14, for the existing proviso under sub-

section (2), the following proviso shall be substituted, namely:-

"Provided that the promoter shall transfer free of cost the area under

roads, open spaces, parks and sites meant for public utilities to the local authority

or development authority or association of allottees, as the case may be, and

this transfer would be exempted from stamp duty and any cess applicable.".

10.

In the principal Act, in section 15, after sub-section (2), the following

sub-section shall be added, namely:-

"(3)

After obtaining the completion certificate or occupancy

certificate, as the case may be, and handing over physical possession to the

allottees, it shall be the responsibility of the promoter to handover the necessary

documents and plans including common areas, to the local authority or

development authority or the association of the allottees, as the case may be.".

11.

In the principal Act, in section 16, in sub-section (3), the words and

signs "or five thousand rupees, whichever is greater, and further minimum

penalty for each plot or apartment of one hundred rupees for each day for

which the default continues" shall be omitted.

Amendment in

section 14 of

Punjab Act 14 of

1995.

Amendment in

section 15 of

Punjab Act 14

of 1995.

Amendment in

section 16 of

Punjab Act 14

of 1995.

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12.

In the principal Act, in section 17, for sub-section (4), the following

sub-section shall be substituted, namely:-

"(4)

If the supply or service is not restored before the date specified

under sub-section (3), the promoter or the person responsible for the

management and maintenance of the building or apartment shall be liable to a

penalty for every day during which such default continues, which may

cumulatively extend upto five percent of the estimated cost of the colony as

determined by the competent authority.".

13.

In the principal Act, for section 17-A, the following section shall be

substituted, namely:-

"17-A. (1)

After obtaining occupation certificate and within three

months of majority of the apartments being allotted,

sold, or otherwise transferred, the promoter shall make

an application to the competent authority appointed under clause (m) of

section 3 of the Punjab Apartment Ownership Act, 1995 (Punjab Act No. 13

of 1995) for the registration of association, with the persons who have taken

apartments as members and if the promoter fails to make such application,

the allottees shall make such application.

(2) If the promoter or the allottees, as the case may be, fail(s) to

make application for registration of the association within the period

mentioned in sub-section (1), the competent authority shall by an order,

direct the promoter or the allottees, as the case may be, to form an

association of residents in respect of a project within such period, as may

be specified in the order.

(3) The owner or allottee or occupier of any apartment shall be a

member of the association from the date he takes possession of such apartment.

(4) The promoter of the project shall be an associate member of the

association in respect of apartment(s) meant for allotment or sale, but not yet

allotted or sold. When such apartment(s) is later on allotted, sold or otherwise

transferred, the allottee shall become a member of the association and the

promoter shall cease to be an associate member of the association in respect

of such apartment from the date of possession.

(5) The responsibility for administration and management of the

apartments and maintenance and upkeep of common areas, infrastructure and

common services of the project shall devolve on the association from the date

specified by the competent authority in the order passed under sub-section

(13) of section 5.".

Amendment in

section 17 of

Punjab Act 14

of 1995.

Substitution of

section 17-A of

Punjab Act 14

of 1995.

Formation of

association.

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14.

In the principal Act, for section 19, the following section shall be

substituted, namely:-

"19.

(1)

The allottee shall be entitled to obtain the information

relating to sanctioned plans, layout plans along with

the specifications, approved by the competent authority

and such other information as provided in this Act or

the rules made thereunder or the agreement for sale signed with the promoter.

(2) The allottee shall be entitled to know stage-wise time schedule of

completion of the project, including the provisions for water, sanitation, electricity

and other amenities and services as agreed to between the promoter and the

allottee in accordance with the terms and conditions of the agreement for sale.

(3) The allottee shall be entitled to claim the possession of apartment,

plot or building, as the case may be, and the association of allottees shall be

entitled to claim the possession of the common areas.

(4) The allottee shall be entitled to claim the refund of amount paid

along with interest at such rate, as may be prescribed and compensation in the

manner as provided under the Real Estate (Regulation and Development) Act,

2016, from the promoter, if the promoter fails to comply or is unable to give

possession of the apartment, plot or building, as the case may be, in accordance

with the terms of agreement for sale or due to discontinuance of his business

as a developer on account of suspension or cancellation of his license under

the provisions of this Act or the rules made thereunder or suspension or

revocation of his registration under the provisions of the Real Estate (Regulation

and Development) Act, 2016.

(5) The allottee shall be entitled to have the necessary documents and

plans, including that of common areas, after handing over the physical possession

of the apartment or plot or building, as the case may be, by the promoter.

(6) Every allottee, who has entered into an agreement for sale to take

an apartment, plot or building, as the case may be, under sections 6 or 18, shall

be responsible to make necessary payments in such manner and within such

time as specified in the said agreement for sale and shall pay at the proper time

and place, the share of the registration charges, municipal taxes, water and

electricity charges, maintenance charges, ground rent, and other charges, if

any.

(7) The allottee shall be liable to pay interest at such rate, as may be

prescribed, for any delay in payment towards any amount or charges to be

paid under sub-section (6).

(8) The obligations of the allottee under sub-section (6) and the liability

towards interest under sub-section (7) may be reduced when mutually agreed

Substitution of

section 19 of

Punjab Act 14

of 1995.

Rights and

duties of

allottees.

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1344

to between the promoter and such allottee.

(9) Every allottee of the apartment, plot or building, as the case may

be, shall participate towards the formation of an association or society or

cooperative society of the allottees, or a federation of the same.

(10) Every allottee shall take physical possession of the apartment,

plot or building, as the case may be, within a period of two months of the

occupancy certificate issued for the said apartment, plot or building, as the

case may be.

(11) Every allottee shall participate towards registration of the

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

provided under sub-section (1) of section 15.".

15.

In the principal Act, in section 36,-

(i)

for sub-sections (1), (2), (3) and (6), the following sub-sections

shall be substituted, namely:-

"(1) Any person or promoter or his agent registered

under the Act, who, without reasonable cause, fails to comply

with or contravenes the provisions of section 5 shall, on

conviction, be punished with imprisonment for a minimum term

of three years which may extend to seven years and with

minimum fine of rupees two lac, which may extend to rupees

five lac.

(2) Any promoter who fails to comply or contravenes

any other provisions of this Act, other than that provided under

section 5, and the rules made thereunder, shall be liable to a

penalty which may extend upto five per cent of the cost of the

estimated cost of the colony as determined by the competent

authority.

(3) Any estate agent who, without reasonable excuse,

fails to comply with, or contravenes, any provision of this Act

or of any rule made thereunder shall be liable to a penalty of

ten thousand rupees for every day during which such default

continues, which may cumulatively extend upto five percent

cost of the plot or building, as the case may be, for which the

sale or purchase has been facilitated.

(6) The fine or penalty imposed under sub-sections

(1), (2), (3) or (4) may be recovered as an arrear of land

revenue and out of the fine so recovered, the Judicial

Magistrate may award such amount as he deems fit to the

person from whom the advance or deposit was obtained by

Amendment in

section 36 of

Punjab Act 14

of 1995.

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the promoter or the estate agent, as the case may be."; and

(ii)

after sub-section (6), the following sub-sections shall be added,

namely:-

"(7) Any promoter, who fails to comply with, or

contravenes any of the orders or directions of the competent

authority, shall be liable to a penalty for every day during which

such default continues, which may cumulatively extend up to

five per cent of the estimated cost of the colony as determined

by the competent authority.

(8) Any promoter, who fails to comply with, or

contravenes any of the orders, decisions or directions of the

Appellate Authority or the Revisional Authority, as the case

may be, shall be punishable with imprisonment for a term which

may extend up to three years or with fine for every day during

which such default continues, which may cumulatively extend

up to ten per cent of the estimated cost of the colony, or with

both.

(9) Any estate agent, who fails to comply with, or

contravenes any of the orders or directions of the competent

authority, shall be liable to a penalty for every day during which

such default continues, which may cumulatively extend up to

five per cent of the estimated cost of plot, apartment or building,

as the case may be, for which the sale or purchase has been

facilitated, as determined by the competent authority.

(10) Any estate agent, who fails to comply with, or

contravenes any of the orders, decisions or directions of the

Appellate Authority or the Revisional Authority, as the case

may be, shall be punishable with imprisonment for a term which

may extend up to one year or with fine for every day during

which such default continues, which may cumulatively extend

up to ten per cent of the estimated cost of plot, apartment or

building, as the case may be, for which the sale or purchase

has been facilitated, or with both.

(11) Any allottee, who fails to comply with, or

contravenes any of the orders, decisions or directions of the

competent authority, shall be liable to a penalty for the period

during which such default continues, which may cumulatively

extend up to five per cent of the plot, apartment or building

cost, as the case may be, as determined by the competent

authority.

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1347

STATEMENT OF OBJECTS AND REASONS

The Punjab Apartment and Property Regulation Act, 1995 was enacted

to regulate the promotion of the construction, sale, transfer and management

of apartments on ownership basis, to regulate colonies and property transactions

and to provide for registration of promoters and estate agents and enforcement

of obligations on promoters and estate agents and for matters connected

therewith or incidental thereto. After the enactment of the Real Estate

(Regulation and Development) Act, 2016, to harmonize the Punjab Apartment

and Property Regulation Act, 1995 with the Real Estate (Regulation and

Development) Act, 2016, certain amendments in the Punjab Apartment and

Property Regulation Act, 1995 have been proposed. Hence, the Punjab

Apartment and Property Regulation (Amendment) Bill, 2021.

SUKHBINDER SINGH SARKARIA,

Housing and Urban Development, Minister, Punjab.

_________________

CHANDIGARH

SHASHI LAKHANPAL MISHRA,

THE 8^TH MARCH, 2021

SECRETARY.

2244/03-2021/Pb. Govt. Press, S.A.S. Nagar