TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 24]

chennai, wednesday, June 13, 2018

Vaikasi 30, Vilambi, Thiruvalluvar Aandu–2049

[39]

DTP—III-2 (24)

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price : Rs. 12.80 Paise.

Part III—Section 2

Statutory Notifications and Orders issued by

Heads of Departments.

notifications by heads of departments, etc.

contents

Pages.

TAMIL NADU REAL ESTATE REGULATORY AUTHORITY, CHENNAI

Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018 .. ..

40-69

Chennai Port Trust

General Administration Department

Notification

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[Part III—Sec. 2

Notifications by heads of departments, etc.

TAMIL NADU real estate regulatory authority, chennai

Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018.

(Letter No. TNRERA/827/2017.)

No. SRO C-13/2018.—In exercise of the powers conferred on it under sub-section (1) and clause (i) of sub-section (2)

of Section 85 of the Real Estate (Regulation and Development) Act, 2016 (Central Act, 16 of 2016) and of all other

powers enabling it in that behalf, the Tamil Nadu Real Estate Regulatory Authority hereby makes the following Regulations:-

CHAPTER I

PRELIMINARY

1. Short Title, Commencement:

(a) These Regulations may be called the Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018

(b) These Regulations shall come into force on the date of their publication.

CHAPTER II

2. Definitions:- In these regulations, unless there is anything repugnant to the subject or context :

(i) “Act” and “Rules” shall mean the Real Estate (Regulation and Development) Act, 2016 and the Tamil Nadu Real Estate

(Regulation and Development) Rules, 2017, as amended from time to time;

(ii) “Address for Service” shall mean the address furnished by a party or his/her authorized agent, or his/her legal

practitioner, chartered accountant, company secretary, cost accountant at which service of summons, notices or other processes

may be effected;

(iii) “Adjudication” means the process of arriving at decisions on complaints received by the Authority or the Adjudicating

Officer under Section 31 of the Act and under Sections 12, 14, 18 and 19 of the Act;

(iv) “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section (1) of Section 71;

(v) “Application” means the full, correct and complete application made under Section 4 or under Section 9, as the case

may be, submitted online and also in hard copy to the Authority with all the details and all the documents required to be submitted

along with the prescribed charges and fees in compliance of the provisions of the Act, Rules and Regulations made thereunder;

(vi) “Authorized person” means a person authorized by the complainant or respondent or applicant to represent him/her

before the Authority or the Adjudicating Officer and which term includes the persons as explained in the Section 56 of the Act;

(vii) “Authority” means the Tamil Nadu Real Estate Regulatory Authority;

(viii) “Chairperson” means the Chairperson of the Authority;

(ix) “Complaint” means a written statement made under Section 31 of the Act;

(x) “Complainant” means a person, who has filed complaint under Section 31 of the Act before the Authority or the

Adjudicating Officer, as the case may be;

(xi) “Code” means the Code of Civil Procedure, 1908, as amended from time to time;

(xii) “Member” means a member of the Authority;

(xiii) “Proceedings” means and include proceedings of all nature that the Authority / Adjudicator may conduct in the

discharge of its functions under the Act and the rules and regulations;

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(xiv) “Officer” means an officer of the Authority;

(xv) “Rule” means the rules made under the Act;

(xvi) “Regulations” means the Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018 as amended

from time to time;

Words and expressions not defined in this Regulations shall have the same meaning as assigned in the Act and the

Rules.

3. Area of Jurisdiction:

Tamil Nadu Real Estate Regulatory Authority Regulations (General), 2018, is applicable to the State of Tamil Nadu

covering both planning area and non planning area and also applicable to the Union Territory of Andaman & Nicobar Islands.

CHAPTER III

4. Submission of application and fee for Registration:

(a) Every application under Section 4 and Section 9 of the Act shall be submitted online as well as in hard copy with all

the details and documents to the Authority along with the prescribed charges & fees.

(b)

The hard copy of the application along with all the details and documents should be submitted to Authority at least

within a period of 7 days from the date of online submission of the application.

(c)

The Authority shall scrutinize those applications filed for registration for projects or agents, as the case may be,

and if it is found in order, registration certificate will be issued in the format prescribed within 30 days from the date

of submission for registration of project or agent, as the case may be, as set out in Sub Rule (1) of Rule 6 and

Sub-Rule 1 under Rule 12 respectively.

(d)

If the application is incomplete, a letter / mail will be sent to the promoter or the Agent to furnish the required

particulars within such time as the Authority prescribes.

Explanation: 30 days period shall exclude the period granted to the registrants for compliance, if any, in such incomplete

applications as returned by the Authority.

(e)

The Authority in exercising the powers under sub-section (1) of Section 7 and sub-section (7) of Section 9 of the

Act read with the Rule 8 and 14 respectively to revoke the registration granted to a project or an agent, as the case

may be, a notice shall be caused to the registrant giving 10 days time to furnish his explanation and calling him for

enquiry and by granting a personal hearing before the Authority on the day as specified in the notice.

(f)

The Authority in exercising the powers under Sub-Clause (b) Sub-Section (1) of Section 5 and Sub-Clause (b) of

sub-section (3) of Section 9 of the Act to reject an application for registration, shall issue a notice to the registrant to

furnish such explanation and / or call upon him/her to appear in person or through a representative for such enquiry

before the Authority on the day specified in the Notice.

(g)

If after the personal hearing, the Authority is still not satisfied with the information provided in the application, it shall

reject such application (or) if after due notice for personal hearing has been given and if the party does not appear

for these hearings consecutively for two hearings on the date specified in the notice, the Authority shall reject the

application in default.

(h)

If the promoter / agent continuously fails to take steps to register the project / agent as contemplated under Section

3 & 9 of the Act, even after rejection of application for registration of project / agent either in default or on merits, the

Authority shall take action against the promoter / agent as provided under Section 59 & 62 of the Act.

(i)

When registration is mandated by the Act in respect of projects or agent, the Authority is empowered to issue a

show cause notice calling upon the promoter/agent to comply the same. Such show cause notice to the promoter/

agent shall be issued by the Authority by Registered Post/Courier service to the last known address of the promoter/

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agent. If the notice is not served for want of specific address or any other particulars, if it is returned un-served, the

Authority may issue for a second time and again the notice is not served, the Authority shall order for a publication

in one vernacular daily in the region in which he is residing or his office is situated for appearance on a particular

date and even after the publication, if the party does not appear on that date before the Authority, then the Authority

may pass orders on merits of the case treating him as ex-parte.

5. Registration Charges:

The promoter or agent shall be required to pay the Authority registration charges at the rate as determined by general or

special order of the Authority which is published on the website of the Authority from time to time for the following:

(i) Registration Fee:

Fee Structure (for Tamil Nadu)

Layouts - Rs/5/- per sq. m. of plottable area excluding EWS, Roads and OSR

Residential buildings –

Rs.10/- per sq. m. of FSI area for residential project in which dwelling unit size is less than 60 square

meter;

Rs.20/- per sq. m. of FSI area for other residential projects;

Commercial buildings - Rs. 50/- per square meter of FSI area;

Any other projects - Rs.25/- per square meter of FSI area ;

Fee Structure (for Andaman & Nicobar Islands)

In case of group housing project - Rs.5/- sq.m. for projects where the area of land proposed to be developed does

not exceed 1000 sq.m. or Rs.10/- per sq. m. for projects where the area of land proposed to be developed exceeds

1000 sq. m. but shall not be more than Rs.5 lakhs;

In case of mixed development (residential and commercial) project – Rs.10/- per sq.m. for projects where the area

of land proposed to be developed does not exceed 1000 sq.m.; or Rs.15/- per sq.m. for projects where the area of

land proposed to be developed exceeds 1000 sq. m., but shall not be more than Rs. 7 lakhs;

In case of commercial projects – Rs.20/- per sq.m. for projects where the area of land proposed to be developed

does not exceed 1000 sq. m.; or Rs.25/- per sq. m. for projects where the area of land proposed to be developed

exceeds 1000 sq.m., but shall not be more than Rs.10 lakhs;

In case of plotted development projects – Rs.5/- per square meter, but shall not be more than Rs.2 lakhs;

(ii)

Processing fee of 10% of the original registration fee for Renewal / Extension.

(iii) Fee for making any changes after registration, on application.

(iv) Fee for other matters as may be decided by the Authority by order from time to time.

(v) Deduction of processing fee of 10% on the registration fee or full registration fee whichever is more for

withdrawal of the application by the applicant or return of the application for project/ real estate agent by the

authority due to insufficient particulars submitted by the applicant / promoter. There will be no refund of any

amount for withdrawal after registration.

6. Publication of Advertisements:

Promoter shall not publish any advertisements for projects in any media (including press, electronic media, pamphlets,banners,

posters or publicity in any form) for booking of sale of units or for receipt of any advance sum from the allottee, unless the

registration certificate has been issued by the Authority in this regard.

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CHAPTER IV

DISCLOSURES

7. Formats of Certificates of Architect, Engineer and Chartered Accountant:

The certificates to be issued by the project architect, project engineer and chartered accountant in practice for

withdrawal of money from the separate account maintained under Section 4(2) (1) (D) of the Act shall be in

Form 1, 2 and 3 respectively.

The certificate required to be issued by the Project Architect/Project Engineer on completion of each of the

building/block of the real estate project shall be in Form 4 and in Form 5 for Layout and Sub-division.

The promoter shall furnish a Certificate from the Bank on their letter head as per the prescribed format Form 6 under

Section 4(2)(1)(D).

The annual report on statement of accounts in Form 7, issued in accordance with the Proviso(D) to Section 4 (2)

(1) of the Act (i.e.,) shall be certified and signed by the Statutory Auditor of the promoter’s enterprise.

The promoter shall designate an architect, an engineer, a chartered accountant who issues certificates for the

project to enable withdrawal of amounts from the separate account opened in compliance of the provisions under

Section 4 (2) (1) (D) of the Act for the work completed and such designated architect, engineer and chartered

accountant shall not be changed without prior concurrence of the Authority.

Explanation 1: The Chartered Accountant certifying the progress of the registered real estate project for the purpose of

withdrawal of amounts from the separate account should be a “different entity” than the Chartered Accountant who is the statutory

auditor of the promoter’s enterprise.

Explanation 2: If the Form 7 issued by the statutory auditor reveals that any certificate issued by the project architect,

engineer or the chartered accountant has false or incorrect information, the amount collected for a particular project have not been

utilized for the project and the withdrawal has not been complied with development of the project, the Authority shall, apart from

taking action against the promoter under the Act and Rules, also bring the matter to the concerned respective regulatory body of

the said architect, engineer or chartered accountant, for necessary penal action against them.

8. Additional disclosures by promoters on the website after registration:

(1) After registration of the project before the Authority, all the details of the proposed Real Estate Project, shall be uploaded

by the promoter within 7 days from the date of registration, on the allotted webpage on the website of the Authority with further

mandatory update once in every 3 months as required under sub-section (1) of Section 11 of the Act and Rule 17 (vi)(c) (d) of the

Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.

(2) The promoter shall prominently display at the project site the sanctioned plans, layout plans, along with specifications,

approved by the Competent Authority and RERA registration details.

(3) In all advertisement and publicity related to the projects in any print, electronic on social media (including press,

electronic media, pamphlets, banners, posters or publicity in any form), shall bear the registration details of the project with the

RERA, and if the project does not fall within the ambit of RERA as per Section 3 (2) that should also be indicated.

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CHAPTER V

Standard operating procedure

9. Procedure for dealing with complaints :

(1) Any aggrieved person may file a complaint with the Authority, under Section 31 of the Act read with Rule 37 save for any

violation under the Act or the Rules and Regulations made thereunder as those provided to be adjudicated by the Adjudicating

Officer, in Form M of Rule 37 (1) which shall be accompanied by a fee of Rs.1,000/- remitted online.

(2) The aggrieved person or persons shall submit three sets of complaints or sufficient copies required to be sent to the

respondents along with supporting documents to the Authority by registered post or in person in office within 7 days from the date

of filing on-line, in case of Tamil Nadu and 10 days in case of Andaman & Nicobar Islands.

(3) The complaint shall be presented either in person by the applicant himself or through an advocate as contemplated under

Section 56 of the Act, and if through an advocate, necessary vakalat duly attested with enrollment number and with affixture of

court fee stamp of Rs.10/- as well as Advocate Welfare Fund stamp of Rs.30/- as prescribed in the civil court procedure, as the

case may be, shall be filed.

(4) An authorized representative other than advocate shall furnish an authorization in FORM – 8 and such authorization shall

contain the address of the representative with particulars of enrolment number or Registration Number, e-mail address or mobile

number for proper communication.

(5) When a number of complaints are made to the Authority based on similar facts and seeking the same or similar

relief against the same promoter in the same project, the Authority shall ordinarily club all such complaints and dispose them in

common proceedings.

(6) The designated officer of the Authority may at any time call upon the party to produce such further materials as and when

he is directed by the Authority in this regard.

(7) The complainant shall also pay the Authority a sum of Rs.600/- through online towards postage charges:

Bank: Indian Bank, CMDA Branch

Current Account No: 65430 57988

Name: Tamil Nadu Real Estate Regulatory Authority (TNRERA)

IFSC Code: IDIB000I010

CHAPTER VI

10. Complaints before the Adjudicating Officer:

(1) Whereas, the Rule 38 of Tamil Nadu Real Estate (Regulation & Development) Rules, 2017 read with Section 31 of Real

Estate (Regulation & Development) Act, 2016, prescribes the manner of filing complaints, for adjudging compensation under

Section 12, 14, 18 and 19 of the Act, before the Adjudicating Officer and the manner of holding an enquiry.

Provided that those complaints which are numerous and based on similar facts and praying for same relief sought against

the single promoter, all those complaints shall be clubbed and disposed in common proceedings.

(2) Any aggrieved person may file a complaint in the prescribed FORM–N with adequate copies to be served upon each

respondent with the Adjudicating Officer for compensation under Section 12, 14, 18 and 19 of the Act read with the Rule 38 and

Regulations made thereunder, save as those provided to be adjudicated by the Authority, which shall be accompanied by a fee

of Rs.5,000/- remitted through online. The aggrieved person has to submit his application along with supporting documents by

registered post or in person in office within 10 days from the date of filing on-line, in case of Tamil Nadu and 15 days in case of

Andaman & Nicobar Islands.

(3) The application shall be presented either in person by the applicant himself or through an authorized representative as

contemplated under Section 56 of the Act. Necessary vakalat or Memo of authorization duly attested with affixture of applicable

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court fee stamp as well as Advocate Welfare Fund stamp, as the case may be, on it shall be filed. And such authorization shall

contain the address of the representative with particulars enrolment No. or Registration No., e-mail id, mobile no. etc. for proper

communication. The original of such letter of authorization shall also be produced for verification at the time of filing for verification

and return.

(4) The applicant shall also pay the Authority a sum of Rs. 600/- through online towards postage charges:

Bank: Indian Bank, CMDA Branch

Current Account No: 65430 57988

Name: Tamil Nadu Real Estate Regulatory Authority (TNRERA)

IFSC Code: IDIB000I010

CHAPTER VII

11. Procedures before the Authority and Adjudicator:

In respect of all complaints before the Authority and the Adjudicating Officer, the procedures mentioned below in this

Regulations No.12 to 17 upto chapter X shall be followed and adhered.

CHAPTER VIII

12. Presentation, Scrutiny and Numbering:

(a) Pagination of the complaint filed before the Authority/Adjudicating Officer shall be in continuous manner beginning

from the complaint along with annexures.

(b) Initialing alteration: Every interlineations, eraser or correction or deletion in any complaint or document shall be

initialed by the party or his authorized representative.

signature and initial or sign at the bottom of the each page.

13. Endorsement and Scrutiny:

(a) The person, in charge of the receipt of the complaint or any other documents, whenever any complaint is filed or any

other documents is received, would immediately affix the seal of the authority with date. At the time of receipt of complaint, it is the

duty of the concerned clerk to verify whether the requisite number of copies along with necessary index and on such receipt, the

concerned clerk will sign on the first page in the main sheet as well as in the copies and assign Current No. for every complaint

and pass it for scrutiny to the officer concerned.

(b) The scrutiny officer of the Authority shall, on receipt of the complaint from the Receiving branch, scrutinize the same

as expeditiously as possible but not beyond 7 working days from the date of receipt.

Provided if, for any reason, the scrutiny is not completed within the above period, the same shall be immediately reported

to the designated officer, who shall take prompt steps to complete the scrutiny and or extend the time.

(c) On scrutiny of the complaint, if it is found to be defective or incorrect in conformity with the provisions of the Act or

Rule or Regulations thereunder, the Authority will return the paper for compliance in the proper form granting 15 days time for the

complaints made in Tamil Nadu and 20 days for the complaints made in Andaman & Nicobar Islands or such time as the Authority

prescribes. If the complaint is not duly represented with all compliance within the time granted, it may be treated as a complaint

not in conformity and shall be posted before the Authority or the Adjudicating Officer as the case may be for dismissal for default.

In such event, the complaint fee shall be forfeited. There shall be no bar for the complainant for filing afresh one after complying

the requirements only within a period of 90 days from the date of such dismissal.

(d) Complaint fee paid through online with the complaint shall be entered immediately on the receipt in the Register and

the same should be initialed by the cashier or Accounts Officer and the Section Officer on every day. The official in charge of

Cash Section and Section Officer shall after verifying the entries in the prescribed Register along with D. Ds. put their initials in the

relevant columns in the said Register as token of acknowledgement.

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(e) Court fee stamps affixed in the vakalat or Memorandum of Authorisation shall be checked and after cancellation of the

same with the seal of the Authority shall be accounted in the Court Fee Register.

14. Registration and Numbering:

(a) Every complaint filed under Section 31 of the Act and under Rule 37 after checking and scrutiny shall be numbered

as Complaint No. and registered in the appropriate register maintained in this behalf.

(b) Every complaint filed under Section 31 of the Act read with Section 12, 14, 18 and 19 of the Act and under Rule 38

after checking and scrutiny shall be numbered as Compensation Claim Petition No. (CCP. No.) and registered in the appropriate

I.A.No.

CHAPTER IX

15. Notice and Service:

(a) The Authority / the Adjudicating Officer shall issue Notice in Form – 9 to the respondent along with one copy of the

complaint by giving 15 days time in case of Tamil Nadu and 20 days in case of Andaman & Nicobar Islands or such time as

the Authority/the Adjudicating Officer prescribes for proper explanation under intimation to the complainant which serves as an

acknowledgement. On receipt of the Notice, the respondent should file the reply on or before the prescribed time limit with a copy

delivered to the complainant. On receipt of the proper explanation from the respondent, the Authority/the Adjudicating Officer will

take up the hearing wherein both the complainant and the respondent will be called for. The Authority/the Adjudicating officer will

also take into consideration the plea of contest or not in that hearing and accordingly decide the matter granting time for enquiry.

If the matter is settled amicably between the parties, the complainant and the respondent shall file a joint memo of

settlement with clear terms, on the basis of such terms the Authority / the Adjudicating Officer shall record the same and dispose the

complaint. In failure of arriving compromise between the parties, enquiry shall be proceeded as per the provisions of the Act,

Rules and Regulations.

(b) If any person fails, neglects or refuses to appear in person or through his authorized representative as directed by the

Authority/the Adjudicating Officer, the Authority/the Adjudicating Officer shall have the power to proceed with the enquiry in the

absence of such person or persons after recording the reasons for doing so and appropriate decision will be taken by the Authority

on the basis of available documents and evidence on record.

16. Service of Process:

(1) Issue of notice: When a notice of complaint or interlocutory application issued by the Authority/the Adjudicating

Officer, copies of the same and other supporting documents filed therewith, if any, shall be served on the other side and with

acknowledgement.

(2) Whenever notice is ordered by private service, the complainant unless already served on the other side in advance,

shall arrange to serve the copy of complaint and other documents by registered post or courier service and file affidavit of service

with its proof of acknowledgement before the date fixed for hearing.

(3) Steps for issue fresh notice: If any notice is returned unserved in the circumstances not specified in the Rule or

Regulations, that fact and the reason thereof shall be notified immediately on the notice board of the Authority and also in the

website of the Authority. The complainant or his authorized representative shall within seven days from the date of such notification

take steps to serve the notice afresh.

(4) Consequence of failure to take steps for issue of fresh notice: Where, after a notice has been issued to the other

side, and returned unserved, and the complainant fails to take necessary steps within a period as ordered by the Authority/the

Adjudicating Officer from the date of return of the notice on the respondent(s), the case shall be posted for dismissal for non

prosecution.

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(5) The Authority/the Adjudicating Officer shall take steps to serve notice to respondents by post as per the address given

in the complaint on payment made by the complainant. If the notice sent by the Authority/ the Adjudicator is not served for any

defect in the address or any other reason for more than two occasions, then the complainant shall be directed by the Authority/the

Adjudicator to take substituted service while making a publication in a vernacular daily in the place of address of the respondent

of the site or registered office or residence at his cost.

(6) Appearance of parties: The party who has engaged a legal practitioner or any other authorized representative to appear

for him before the Authority/the Adjudicating Officer shall not be entitled to be heard in person unless permitted by the Authority.

(7) Parties appearing before the Authority shall be properly dressed; and in case of Advocates with collar and

Advocate Coat.

CHAPTER X

17. Examination of Witness and Issue of Commissions:

(1) The Authority/the Adjudicating Officer may permit examination of witnesses only when it is deemed fit by the Authority/the

Adjudicating Officer and the summary procedure as provided in the Civil Procedure Code shall be followed.

(2) Numbering of Witnesses: The witness called by the complainant shall be numbered consecutively as CWs and those by

the respondent as RWs.

(3) Marking of documents: The documents when produced shall be marked as follows:

(i) if relied upon by the complainant’s side, they shall be numbered as “A” series;

(ii) if relied upon by the respondent’s side , they shall be numbered as “B” series;

(iii) any documents produced by the third party on summon by the Authority or any expert evidence or documents

produced at the request of the Authority or any Government documents / commission documents shall be marked “X” series;

(4) For the purpose of commission of examination of witnesses, any documents required from the Authority, a copy of such

documents shall be provided to the commission by the Authority.

CHAPTER XI

18. Authority’s Office, office hours and sittings and Language:

(a) The Office of the Authority shall be situated at Chennai or such places as the Authority may decide from time to time.

The Authority may, by order, establish benches and its offices at other places within its jurisdiction as defined in Regulation 3.

(b) The Authority shall follow the office timings and holidays as notified by the State Government in the

Tamil Nadu Government Gazette.

(c) The Authority may conduct its proceedings at the head office or at any other place within its jurisdiction as defined in

Regulation 3 on any working days and time as directed by the Chairperson.

19. Language of the Authority:

(a) The proceedings of the Authority shall be conducted in English, provided the Authority shall also allow any person to

plead or represent his case in Tamil (in Tamil Nadu) or in Hindi (in Andaman & Nicobar Islands).

(b) The Authority at its own discretion, may accept complaint or petition made in Tamil (in Tamil Nadu) or in Hindi

(in Andaman & Nicobar Islands).

English, provided the same is to be accompanied by a translation thereof in English attested by a Notary.

(d) Any Translation which is agreed to, by the parties to the proceedings or which any of the parties furnish, may be

accepted by the Authority as a true translation.

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20. Seal of the Authority:

Any document requiring authentication by the Authority shall be issued under the seal of the Authority, and shall be signed by

the Officer authorized by the Chairperson in this behalf.

CHAPTER XII

21. Meetings of the Authority:

(1) Chairperson shall preside over the meetings and conduct the business.

(2) If the Chairperson for any reason is unable to attend a meeting of the Authority, any other member chosen by the

Members present amongst themselves at the meeting, shall preside over the meeting.

(3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the

Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding

shall have a second or casting vote.

Explanation: As far as the complaints filed under Section 31 of the Act are concerned, the same shall be proceeded with the

provision of Rule 37 and 38 read with regulations thereunder.

(4) With the permission of the Chairperson or other Member presiding over the meeting, as the case may be, urgent

questions may be added to the agenda at any time before the conclusion of the meeting, or any item on the agenda may be

deleted or carried over to a subsequent meeting.

(5) The meeting hours shall normally be within the office hours of the Authority unless the Chairperson decides to extend

the same in a particular case, on grounds of urgency.

(6) The Chairperson for the meeting of the Authority may, if he considered necessary, also invite any expert, qualified in

the matter to be discussed at any meeting, to attend any meeting of the Authority, with a view to facilitate meaningful discussion

and such expert may participate any proceedings of the meeting; but shall have no right to vote. Every expert invited to attend any

meeting of the Authority other than the Members, Officers or employees of the Authority, shall be entitled to a payment for each

meeting of the Authority attended by him as prescribed by the Authority from time to time.

(7) (a) Any member, who has a direct or indirect pecuniary or other interest in any matter including those relating to

immediate family, coming up for consideration in meeting of the Authority and he /she shall not take any part in any deliberation or

decision of the Authority, with respect of that matter.

(b) For the purpose of this regulation, immediate family shall include wife or husband or son or daughter (whether

biological or adopted), parents, brothers or sisters or any person related to any of them by blood or marriage, whether they are

dependent on the such member or not.

(8) Any member who is found in violation to the principles laid out in sub-regulation (7) shall be liable to necessary action

as per the provisions of the Act and Rules made thereunder.

(9) The authority may from time to time appoint such committees or sub-committees consisting of such members and

other employees or officers or outside expert in that field as it deems fit, to advise the authority on such matters as may be

prescribed or specified and subject to such directions as the authority may give.

(10) If any doubt arises as to the interpretation of these regulation, the decision of the Authority shall be final and binding

on all concerned.

(11) (a) An Officer of the Authority designated by the Chairperson, shall record the minutes of the meetings and maintain

a register which will, amongst other things, contain the names and designation of Members and invitees present in the meeting.

(b) The decision taken in a meeting of the Authority shall be recorded in the minutes book in a clear and concise

manner, along with reasons. In case, the minutes record any statement/submission made by an invitee, a copy of the minutes

shall be sent to such invitee.

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22. Orders of the Authority:

(1) The decision arrived at the Authority Meeting shall be duly signed by all the members present and copy of the same

shall be made available to the applicant.

(2) All orders and decisions shall be certified by an Officer empowered in this behalf by the Chairperson and shall bear

the official seal of the Authority and be communicated as expeditiously as possible from the date of passing thereof to all parties

in the proceeding.

(3) The Authority may pass such ad-interim or interim orders, as the Authority may consider appropriate at any stage of

any proceedings, having regard to the facts and circumstances of the case.

(4) The Authority may, at any time, direct anyone or more Officers or any other person as the Authority considers

appropriate to study, investigate or furnish information with respect to any matter within the jurisdiction of the Authority under the

Act and the Rules.

23. Collection of Information:

(a) The Authority may issue such directions, for the purpose of collection of any information, particulars or documents

that the Authority considers necessary in connection with the discharge of its functions under the Act and the Rule.

(b) If any such report or information obtained appears to the Authority to be insufficient or inadequate, the Authority

or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.

be considered relevant in connection with the above.

(d) If the report or information obtained in accordance with Regulation above or any part thereof is proposed to be

relied upon by the Authority for forming its opinion or view in any proceedings, the parties to the proceedings shall be given

a reasonable opportunity for filing objections and making submissions on such report or information.

24. Confidentiality:

(a) The Authority shall appraise and determine whether any documents or evidence provided to it by any party and claimed

by that party to be of a confidential nature merits being withheld from disclosure to other parties as being confidential and shall

provide brief reasons in writing for arriving at its conclusion.

(b) If the Authority is of the view that the claim for confidentiality is justified the Authority may direct that the same be

not provided to such parties as the Authority may deem fit. However, the party claiming the confidentiality shall provide a brief

non-confidential summary of the substance of the documents found to be confidential and the import of the same.

(c) Notwithstanding the above, it shall be open to the Authority to take into consideration the contents of the documents found

to be confidential in arriving at its decision.

(d) The Authority may direct any person either to appear to give evidence or to produce any documents or books of accounts

and such documents or evidences produced may be ordered to be kept in the safe custody of any one of the officers of the

Authority.

CHAPTER XIII

25. Maintenance of Registers:

The following Registers shall be maintained and posted on a day to day basis by the officer authorised may, subject to any

order of the Chairperson, direct:

(a) Register of Complaint: A complaint Register shall be kept by an officer authorized and it shall be written legibly. The

register in the main file shall contain a concise history of the complaint, the substance of the orders passed thereon and in

execution proceedings and it shall contain a complete record of all proceedings in execution of order or direction or rule and shall

be checked by the Section Officer and initialed once in a fortnight;

Tamil nadu government gazette

[Part III—Sec. 2

(b) Register of Interlocutory Application;

(d) Register of Execution Petition;

CHAPTER XIV

26. Records of the Authority:

(1) Arrangement of Records: The records of complaint shall be divided into the following four parts and shall collated and

maintained:-

(a) Main file (Complaint);

(b) Interlocutory Application file;

(d) Execution file;

(2) Contents of main file: The main file shall be kept in the following order and it shall be maintained as permanent record till

ordered to be destroyed under the Regulations:-

(a) Index;

(b) Complaint Copy;

(d) Documentary evidence;

(e) Oral evidence or proof of affidavit, Evidence taken; and

(f) Written arguments;

(3) Contents of process file: The process file shall contain the following items, namely:-

(a) Index;

(b) V akalat or power of attorney or authorization letter;

(d) Applications for summoning witness;

(e) Letters calling records; and

(f) All other miscellaneous papers such as postal acknowledgements;

(4) Execution file: The execution file shall contain the following items, namely:-

(a) Index;

(b) Copy of Minute Book wherein order or direction passed or decision taken;

(d) All processes and other papers connected with such execution proceedings;

(e) Transmission of order to civil court, if ordered; and

(f) Result of execution;

(5) File for interlocutory applications: For all interlocutory applications connected to an complaint there may be only one file

with a title page prefixed to it and immediately after the title page, the diary, the interlocutory applications, supporting affidavit, the

order sheet and all other documents shall be filed.

(6) Loss of record: Whenever, it is discovered that a record or portion of a record or a document on the file of a record is

missing, the loss shall be immediately reported in writing to the designated officer and he in turn shall report it to the

Chairperson.

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(7) Destruction of record: (a) One copy of the entire registration file including note file and documents pertaining to the

registration of projects shall be kept as permanent record. The other copies of the same registration file shall be destroyed after a

period of 6 years from the date of registration.

(b) Record of the Authority, except permanent record, shall be ordered to be destroyed by the designated officer after

six years from the final conclusion of the proceedings and if any appeal is filed under section 44 of the Act, the same shall be

destroyed after 2 years from the date of disposal of the appeal.

(c) The destruction of such record shall be effected by tearing, so as to render it unlikely that the document so tearing

may be used against or destroying with the help of paper shredding machine.

(d) Entry regarding destruction: Entries regarding destruction shall be made in the relevant columns of the register in

Form No.

Explanation: For the purpose of Regulation 25 under Chapter XIII of the Regulations, permanent record shall include order,

complaint register, interlocutory application register and such other record, as may be ordered to be included by the Chairperson.

CHAPTER XV

27. Inspection of Record:

(1) Inspection of the Records: (a) The parties to any complaint or their legal representative may be allowed to inspect the

record of the case by making an application in Form-10 in writing to the designated officer and a fee prescribed therein and the

application shall be presented between 10.30 A.M. and 3.00 P.M. on any working day and two days before the date on which

inspection is sought, unless and otherwise permitted by the designated officer.

(2) Subject to such terms and conditions as may be prescribed by the Chairperson by a general or special order, a person

who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining permission in writing.

Provided that the inspection of records of a pending or decided case before the Authority shall be allowed only on the order

of the Authority.

(3) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on

the proceeding day.

(4) The fee prescribed shall be payable through online to the Tamil Nadu Real Estate Regulatory Authority at Chennai.

(5) On grant of permission for inspection of records, the Section Officer or any other officer authorized shall arrange to

procure the records of the case and allow inspection of such records on the date and time fixed by the designated officer between

10.30 A.M. and 12.30 P.M. and between 2.30 P.M and 4.30 P.M. in the presence of him or any officer authorized.

(6) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering to the records in the

course of inspection.

(7) The person inspecting the records shall not make any marking on any record or paper so inspected and taking notes, if

any, of the documents or records. No electronic gadgets are allowed inside the record room. In the court hall or in any hearing

before the Authority or the Adjudicating Officer, no cellphone or any other electronic gadget can be used or operated.

(8) The person supervising the inspection, may at any time prohibit further inspection, if in his opinion, any of the records

are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the

provisions of these regulations and shall immediately make a report about the matter to the designated officer and seek further

orders from the designated officer and such notes shall be made in relevant column of the Inspection Register.

(9) The designated officer shall cause to maintain a Register of Records for the purpose of inspection of documents or

records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application

on the conclusion of inspection.

(10) The Authority shall endeavour to make information involving public interest accessible and available to the public,

including, inter alia, through its website.

Tamil nadu government gazette

[Part III—Sec. 2

CHAPTER XVI

28. Discovery, Production and Return of Documents:

(1) Summoning, discovery and production of documents shall be regulated by Section of 35 (2) of the Act and proviso (a)

and (b) of sub rule (1) of Rule 25 of Tamil Nadu Real Estate Regulatory Authority (Regulation & Development) Rules, 2017 read

with Rule 64 of Civil Rules of Practice as amended from time to time.

(2) Suo motu summoning of documents: Notwithstanding anything contained in these rules, the Authority may, suo motu,

issue summons/notices for production of documents or other documents in the custody of any court or public officer or any other

party.

(3) Return of documents: (a) An application for return of the documents produced shall be numbered. Such application shall

be filed with a notice to the parties who produced the documents. No such application shall be entertained after the destruction

of the records.

(4) The Authority may, at any time, direct return of documents produced subject to such conditions as it deems fit.

CHAPTER XVII

29. Certified Copies of Order:

(1) The authority shall, on such terms and conditions as the Authority considers appropriate, provide for supply of certified

copies of documents and papers available with the Authority to any person, applying in prescribed Form (FORM-10), by making

cash payment of fee of Rs.100/- per copy of the order containing up to a maximum of 10 pages. If the pages exceed ten, then for

every extra page per copy, a sum of Rs.2/- shall be paid. Payment shall be made at the cash counter of TNRERA.

(2) The parties to the proceedings are entitled to get one free copy of the order from the Authority / Adjudicating Officer either

by post or person. Additional copies if required by the parties to the proceedings shall be provided on payment of fee as stipulated

supra.

(3) The Authority shall designate an Officer for ensuring timely response to requests received for supply of certified copies of

documents who shall endeavour to dispatch the certified copies of documents requested for as expeditiously as possible within a

period of 30 working days from the date of receipt of request.

CHAPTER XVIII

30. General Power to Amend / Rectify:

The Authority may, at any time and on such terms as to costs or otherwise, as it may think fit, remove any defect or er-

ror apparent on the facts of the record in any proceedings before it (including any clerical or arithmetical error in any order passed

by the Authority), only on an application filed by any one of the aggrieved party within 60 days from the date of the order. The

Authority shall not pass any order on the said application if entertained without giving notice to others.

CHAPTER XIX

31. Power to Remove Difficulties:

If any difficulty arises in giving effect to any of the provisions of the Regulations, the Authority may, by general or special

order, do anything not being inconsistent with the provisions of the Act or Rules made thereunder, which appears to be necessary

or expedient for the purpose of removing the difficulties.

CHAPTER XX

32. Saving of Inherent Power of the Authority:

Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent power of the Authority to make

such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the

Authority.

June 13, 2018]

Tamil nadu government gazette

Nothing in these Regulations shall bar the Authority from adopting in conformity with the provisions of the Act or Rules,

a procedure, which is at variance with any of the provisions of these Regulations including summary procedures, if the

Authority, in view of the special circumstance of a matter or class of matters and for reasons to be recorded in writing,

deems it necessary or expedient for so dealing with such a matter or class of matters.

Nothing in the Regulations shall bar the Authority to deal with any matter or exercise any power under the Act or Rules

for which no regulations have been framed, and the Authority may deal with such matters, powers and functions in a

manner it thinks fit.

33. Continuance of Proceedings after Death, etc.,

Where in a proceeding, any of the parties to the proceeding dies, the proceeding shall be continued and adjudicated

with other partners or successors-in-interest in case of individual, as in the case of an insolvent, the official receiver or

assignee, as in the case of a company under liquidation/winding up, the proceeding shall continue with, the executor,

administrator, liquidator or other legal representative of the party concerned, as the case may be.

In case of death of any parties to the proceedings, the application for bringing up the successors-in–interest shall be

filed within 45 days if not filed within 45 days, the application shall be treated as abated.

34. Extension or Abridgement of time prescribed:

The time prescribed by the Regulations or by order of the Authority for doing any act may be extended (whether it has

already expired or not) or abridged for sufficient reason by an order of the Authority subject to the provisions of the Act or the Rules.

35. Costs:

Subject to such condition and limitation as may be directed by the Authority, the costs of and incidental to, all proceedings

shall be awarded at the discretion of the Authority.

36. Administrative Charges and Standard Fees:

The Authority may, by order, fix standard fees, to be levied on the promoters or real estate agents or allottees for inspection

of documents, certified copies of documents, the updating of website, database management and maintenance of the website.

S.KRISHNAN,

Principal Secretary to Government

Housing and Urban Development Department.

Tamil nadu government gazette

[Part III—Sec. 2

FORM 1

(See Regulation 7)

ARCHITECT ’S CERTIFICATE (On Letter Head)

(To be submitted at the time of Registration of Project and for withdrawal of Money from Designated Account)

Date:

(Name & Address of Promoter).

Subject:

Certificate of percentage of Completion of Construction Work of

_____No. of Building(s) _________

Block(s) of the

_Phase of the Project (TNRERA Registration Number______________________)

situated on the Survey no. / Plot no.____________demarcated by its boundaries (latitude and longitude of the end

points)_____

to the North

____to the South ______

to the East

to the West of Division

_______________Village ____ Taluk

______District __PIN measuring

sq.mts.

area

being

developed by (Promoter’s Name)

______________.

Sir,

I/We________

have undertaken assignment as Architect of certifying percentage of Completion of Construction Work

of the Building(s)/_________Block(s) of the______

Phase of the Project, situated on the Survey no./ Plot no.

_______

of Division____ ___ Village ___

Taluk

_____________District____________

P I N _ _ _ _ _ _ _ _ _ _ _ _ _ _

measuring

______________________ sq.mts. area being developed by (Promoter’s Name)

____as per the

approved plan.

Following technical professionals are appointed by Owner/Promoter: (as applicable)

(i)

M/s./Thiru/Tmt._

as Engineer

(ii)

M/s./Thiru/Tmt._

as Structural Consultant

(iii)

M/s./Thiru/Tmt._

as MEP Consultant

(iv)

M/s./Thiru/Tmt._

as Site Supervisor/Clerk of Works

Based on site inspection by undersigned on

_____date and with respect to each of the Building/Block or of the

plots as the case may be of the aforesaid Real Estate Project, I certify that as on the date of this certificate, the percentage of

work done for each of the building/Block of the Real Estate Project as registered vide number____

under TNRERA is

as per table A herein below. The percentage of the work executed with respect to each of the activity of the entire phase is

detailed in Table A and B.

Table – A

Building/Block Number

(to be prepared separately for each Building/Block of the Project)

Sl. No.

Tasks/Activity

Percentage of work done

Excavation

number of Basement(s) and Plinth

number of Podiums

Stilt Floor

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number of Slabs of Super Structure

Internal walls, Internal Plaster, Floorings within Flats/

Premises, Doors and Windows to each of the Flat/

Premises

Sanitary Fittings within the Flat/Premises

Staircases, Lifts Wells and Lobbies at each Floor

level connecting Staircases and Lifts, Overhead and

Underground Water Tanks

The external plumbing and external plaster,elevation,

completion of terraces with waterproofing of the

Building/Block/Tower.

Installation of lifts, water pumps, Fire Fighting Fittings

and Equipment as per CFO NOC, Electrical fittings

to Common Areas, electro, mechanical equipment,

compliance to conditions of environment/CRZ NOC,

Finishing to entrance lobby/s, plinth protection,

paving of areas appurtenant to Building/Block/Tower,

Compound Wall and all other requirements as may be

required to obtain Completion Certificate.

TABLE- B

Internal & External Development Works in respect of the entire Registered Phase

Sl.No.

Common areas and Facilities Amenities

Proposed

(Yes/No)

Percentage of

Work Done

Remarks

Internal Roads & Footpaths

Water Supply

Sewerage (chamber, lines, Septic Tank, STP)

Storm Water Drains

Landscaping & Tree Planting

Street Lighting

Community Buildings

Treatment and disposal of sewage and sullage

water /STP

Solid Waste Management & Disposal

Water

Conservation,

Rain

Water

Harvesting , Percolating Well/Pit

Tamil nadu government gazette

[Part III—Sec. 2

Energy Management

Fire Protection and Fire Safety Requirements

Electrical

Meter

Room,

Sub‐station,

Receiving Station

Others (Option to Add more)

Yours Faithfully,

Signature

Name

(IN

BLOCK

LETTERS)

with

Stamp

Architect

Council of Architects (CoA) Registration No. CA/ /

Council of Architects (CoA) Registration valid till (Date)

FORM – 2

(See Regulation 7)

ENGINEER’ S CERTIFICATE (On Letter Head)

(To be submitted at the time of Registration of Project and for withdrawal of Money from Designated

Account – Project wise)

Date:

(Name & Address of Promoter)

Subject: Certificate of Cost Incurred for Development of (Project Name ) for Construction of building(s)

Wing(s) of the

phase or for the plotted project, as the case may be, (TNRERA Registration Number )

situated on the Plot n o . / Survey no./R.S. no./T.S. no., Block no., V illage

demarcated

its

boundaries (latitude and longitude of the end points) to the North

to the South

to the East to the West of

Village

Taluk

District

measuring

sq.mts. area being developed by (Promoter)

Ref: TNRERA Registration Number

Sir,

I/We

have undertaken assignment of certifying Estimated Cost for the Real Estate Project proposed to

be registered under TNRERA, being

Building(s)/

Block(s) of the Phase or for the plots of the plotted

project as the case may be, situated on the plot no./Survey no./ RS. no./TS. no. of Division

Village Taluk

District______PIN measuring

sq.mts. area being developed by (Owner/Promoter).

Following technical professionals are appointed by Owner/Promoter: (as applicable)

(i)

M/s/Thiru/Tmt

as Architect

(ii)

M/s/Thiru/Tmt

as Structural Consultant

(iii)

M/s/Thiru/Tmt

as MEP Consultant

(iv)

M/s/Thiru/Tmt

as Quantity Surveyor*

June 13, 2018]

Tamil nadu government gazette

We have estimated the cost of the completion v to obtain Occupation Certificate/Completion Certificate, of the Civil,

MEP and Allied works, of the Building(s) of the project. Our estimated cost calculations are based on the Drawing/Plans

made available to us for the project under reference by the Developer and Consultants and the Schedule of items and

quantity for the entire work as calculated by ______quantity Surveyor* appointed by Developer/Engineer and the

site inspection carried out by us.

We estimate total Estimated Cost of completion of the building(s) of the aforesaid project under reference as Rs.

_______(Total of Table A and B). The estimated total Cost of Project is with reference to the Civil, MEP and allied

works required to be completed for the purpose of obtaining completion certificate for the building(s) from the

Competent Authority under whose jurisdiction the aforesaid project is being implemented.

Based on site inspection by undersigned on

date, the Estimated Cost Incurred till date is calculated

at Rs.

(Total of Table A and B). The amount of Estimated Cost Incurred is

calculated on the base of amount of total Estimated Cost.

The Balance Cost of Completion of the Civil, MEP and Allied works of the Building(s) of the subject project to obtain

Completion Certificate from

(Competent

Authority)

estimated at Rs.

(Total of Table A and B).

I certify that the Cost of the Civil, MEP and allied work for the aforesaid Project as completed on the date of this

certificate is as given in Table A and B below;

TABLE – A

Building/Block bearing Number or called

(to be prepared separately for each Building / Block of the Real Estate Project)

Sl. No.

Particulars

Amounts (in Rs.)

Total Estimated Cost of the building/block as on

date

Registration is

Cost incurred as on

Work done in Percentage (as Percentage of the estimated cost)

Balance Cost to be Incurred (Based on Estimated Cost)

Cost Incurred on Additional/Extra Items as on ___

not

included in the Estimated Cost (Table –C)

Tamil nadu government gazette

[Part III—Sec. 2

TABLE – B

Internal & External Development Works in Respect of the entire Registered Phase

Sl. No.

Particulars

Amounts (in Rs.)

Total Estimated Cost of the Internal and External

Development Works including amenities and Facilities in

the layout as on

date of Registration is

Cost incurred as on

Work done in Percentage (as Percentage of the estimated

cost)

Balance Cost to be incurred (Based on Estimated

Cost)

Cost incurred on Additional/Extra Items as on __

not included in the Estimated Cost (Table –C)

Yours Faithfully,

Signature & Name (IN BLOCK LETTERS) with Stamp of Engineer Local Body license

no. if any

Local Body License no. valid till (Date)

*Note

The scope of work is to complete entire Real Estate Project as per drawings approved from time to time so as to obtain

Completion Certificate.

(*) Quantity Survey can be done by office of Engineer or can be done by an independent Quantity Surveyor, whose

certificate of quantity calculated can be relied upon by the Engineer. In case of independent quantity surveyor being

appointed by Promoter, the name has to be mentioned at the place marked (*) and in case quantity are being calculated

by office of Engineer, the name of the person in the office of Engineer, who is responsible for the quantity calculated

should be mentioned at the place marked (*).

The estimated cost includes all labour, material, equipment and machinery required to carry out entire work.

As this is an estimated cost, any deviation in quantity required for development of the Real Estate Project will result in

amendment of the cost incurred/to be incurred.

All components of work with specifications are indicative and not exhaustive.

Table –C

List of Extra/Additional Items executed with Cost

(Which were not part of the original Estimate of Total Cost)

June 13, 2018]

Tamil nadu government gazette

FORM-3

(See Regulation 7)

CHARTERED ACCOUNTANT’S CERTIFICATE (On Letter Head)

(for registration of a project and subsequent withdrawl of money)

Cost of Real Estate Project TN RERA Registration Number

Sl.No.

Particulars

Amount (in Rs.)

Estimated

(Column‐A)

Incurred & Paid

(Column‐B)

(I)

Land Cost:

a. Cost of Land or Development Rights, lease Premium,

lease rent, interest cost incurred or payable on Land

Cost and legal cost

b. Amount of Premium payable to obtain development

rights, FSI, additional FSI, and any other incentive

under DR from Local Authority or State Government or

any Statutory Authority

c. Acquisition cost of TDR (if any)

d. Amounts payable to State Government or competent

authority or any other statutory authority of the State

or Central Government towards stamp duty, transfer

charges, registration fees etc. and

e. Land Premium payable as per annual statement of

rates (ASR) for redevelopment of land owned by

Public Authorities.

f. Under Redevelopment / Rehabilitation Scheme:

(i) Estimated construction cost of redeveloped / rehab

building including site development and infrastructure

for the same as certified by Engineer (Column‐A)

(ii) Actual Cost of construction of redeveloped / rehab

building incurred as per the books of accounts as

verified by the CA (Column‐B)

Tamil nadu government gazette

[Part III—Sec. 2

Note: (for total cost of construction incurred, Minimum of (i) or

(ii) is to be considered)

(iii) Cost towards clearance of land of all or any encumbrances

including cost of removal of legal/illegal occupants, cost for

providing temporary transit accommodation or rent in lieu

of Transit Accommodation, overhead cost.

(iv) Fees, charges and security deposits or maintenance deposit,

or any amount whatsoever payable to any authorities

towards and in project of rehabilitation.

Sub - Total of LAND COST

(II) Development Cost/Cost of Construction:

a. (i) Estimated Cost of Construction as certified by Engineer

(Column ‐ A)

(ii) Actual Cost of Construction incurred and paid as per the

books of accounts as verified by the CA (Column ‐ B)

Note: (for adding to total cost of construction incurred,

Minimum of (i) or (ii) is to be considered)

(iii) on‐site expenditure for development of entire

project excluding cost of construction as per (i) or (ii)

above, i.e. salaries, consultants fees, site overheads,

development works, cost of services (including water,

electricity, sewerage, drainage, layout roads etc.), cost

of machineries and equipment including its hire and

maintenance costs, consumables etc. All costs directly

incurred to complete the construction of the entire

phase of the project registered.

Amount (in Rs.)

Estimated

(Column‐A)

Incurred &

Paid

(Column‐B)

b. Payment of Taxes, cess, fees, charges, premiums, interest

etc. to any Statutory Authority.

c. Interest payable to financial institutions, scheduled banks,

non‐banking financial institution on construction funding

or money borrowed for construction:

Sub ‐ Total of = Development Cost

June 13, 2018]

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Total Estimated Cost of the Real Estate Project (1(I) + 1 (II)) of

Estimated Column –A

Total Cost Incurred and Paid of the Real Estate Project (1(I) + 1 (II)) of

Incurred and Paid Column - B

Percentage of completion of Construction Work

(as per Project Architect’s Certificate on completion of project) %

Proportion of the Cost incurred and paid on Land Cost and Construction Cost to the Total Estimated Cost

(Sl. No. 3/2) %

Amount which can be withdrawn from the Designated Account Total Estimated Cost x Proportion of cost incurred and

paid (Sl. number 2 x Sl. number 5)

Less: Amount withdrawn till date of this certificate as per the Books of Accounts and Bank Statement

Net Amount which can be withdrawn from the Designated Bank Account under this certificate

Details of RERA Account:

Bank Name

Branch Name

Account No.

IFSC Code

Opening Balance (as on

)

Deposit during the period

Withdrawals during the period

Closing Balance (as on

)

This certificate is being issued for RERA compliance for the Company (Promoter’s Name

and

Project

Name ) and is based on the records and documents produced before me and explanations provided to me by the

management of the Company; based on the verification of books of accounts till (date)________.

Yours Faithfully,

Name and Signature of Chartered Accountant with Stamp

For (Name of CA Firm)

Partner / Proprietor

(Membership Number......................)

Tamil nadu government gazette

[Part III—Sec. 2

(ADDITIONAL INFORMATION)

Estimated Balance Cost to complete the Real Estate Project

(Difference of Total Estimated Project cost less Cost incurred)

Balance amount of receivables from booked apartments as per Annexure-A to this certificate

(as certified by Chartered Accountant as verified from the records and books of Accounts)

(i)

Balance Unbooked area (to be certified by Management and to be verified by CA from the

records and books of accounts)

(ii)

Estimated amount of sales proceeds in respect of unbooked apartments

as per Annexure-A to this certificate.

Estimated receivables of the project. Sum of 2 + 3 (ii)

Amount to be deposited in Designated Account – 70% or 100% If 4 is greater than 1, then 70% of the

balance receivables of the project will be deposited in designated Account. If 4 is lesser than 1, then 100%

of the balance receivables of Ongoing project will be deposited in designated Account.

This certificate is being issued for RERA compliance for the Company (Promoter’s Name

_and Project

Name ) and is based on the records and documents produced before me and explanations provided to

me by the management of the Company; based on the verification of books of accounts till (date) .

Yours Faithfully,

Name and Signature of Chartered Accountant with Stamp For (Name of CA firm)

Partner / Proprietor

(Membership Number......................)

Annexure-A

Statement for calculation of Receivables from the Sales of the Ongoing Real Estate Project:

Booked Inventory

Sl.No.

Block/ Type/

Bungalow/

Category (as per

Form 1)

Flat / Bungalow

/ Office / Plot

No.

Carpet Area

(in Sq. Mts.)

Area of

exclusive

balcony /

verandah (Sq.

Mts.)

Unit Amount

Consideration as per

Agreement (as per

Clause 1(b) of the Model

Form of Agreement to

be entered between

Promoter and

Allottee(s))

Received

Amount

Balance

Amount

Total Proposed

Total Booked

No. of Covered Parking

No. of Open Parking

June 13, 2018]

Tamil nadu government gazette

(Unbooked Inventory Valuation)

Of the Residential/commercial premises Rs. per Sq.Mts.

Sl.

No.

Block / Type (as

per Form 1)

Flat / Office /

Plot No.

Carpet Area (in Sq.

Mts.)

Area of exclusive balcony /

verandah (Sq. Mts.)

Estimated Amount of Sale

Proceeds

FORM-4

ARCHITECT ’S CERTIFICATE

(To be issued on completion of each of the Building/Block/Tower)

Date:

(Name & Address of Promoter)

Subject:

Certificate of Completion of Construction Work of Building/ Block of

the Building of the Project (TNRERA Registration Number ) situated on the Plot bearing

Survey no./Plot no./Door No. demarcated by its boundaries (latitude and longitude of the end

points)

the

North

to the South to the East to the West of Division Village Taluk District

PIN measuring sq.mts. area being developed by (Promoter’s Name)

Sir,

I/W

have undertaken assignment as Architect/Engineer of certifying completion of Construction Work of

Building/Block/Tower

of the Building situated on the plot No./Survey no./ Door no

of Division

Village

Taluk

District PIN measuring sq.mts.

area being developed by (Promoter’s Name)

Following technical professionals are appointed by Owner/Promoter: (as applicable)

(i)

M/s/Thiru/Tmt.

as Architect/Engineer

(ii)

M/s/Thiru/Tmt.

as Structural Consultant

(iii)

M/s/Thiru/Tmt.

as MEP Consultant

(iv)

M/s/Thiru/Tmt.

as Site Supervisor/Clerk of Works

Based on Completion Certificate received from Structural Engineer and Site Supervisor and to

the best of my/our knowledge, I/We hereby certify that Building/

Block of the Building has been completed in all aspects. The Building/ Block of the Building is

granted Completion Certificate bearing number

dated by (Competent

Authority) .

Yours Faithfully,

Signature & Name (IN BLOCK LETTERS) of L.S/Architect with (License No.....................)

Tamil nadu government gazette

[Part III—Sec. 2

Form-5

Certificate by Architect / Licensed Surveyor

(Certificate for the purpose of completion of Layout/ Sub-Division Project)

Address of the Project:___________________________________________________________________________

__________________________________________________________________________________________________

_____________________________________________________________________________________________________

Date: ________________

__________________________ (Name of the Promoter)

__________________________ (Address of the Promoter)

Subject: Certificate for _________________________ (Name of the project)

Ref: ____________________________ (TNRERA Registration Number)

Sir,

I, _________________ (name of the Architect/ Licensed Surveyor) having License No. ________________

had undertaken assignment as an Architect/ Licensed Surveyor for the assessment and verification of

development of work done at _______________(name of the project) situated on the Plot bearing Survey no./

Plot no.______________ demarcated by its boundaries (latitude and longitude of the end points) _____________to the

North_____________ to the South______________ to the East_______________ to the West of Division____________

Village_________Taluk _______________ District ______________ measuring ______________ sq. mts. Being

developed by __________________ (Name of the Promoter).

Based on site inspection carried out by me with respect to each of the plot(s) of the aforesaid Layout/ Sub-Division

Project, I certify that as on date of this certificate, the project has been developed and completed in all respects as per

the Plotting layout plan sanctioned by _________________ (Name of the sanctioned authority) vide Planning Permission

No. _________________ dated______________ including all amenities and facilities as committed by the promoter to

the allottes.

Yours Faithfully,

Stamp, Signature & Name (IN BLOCK LETTERS) of Architect/ Licensed Surveyor with (Reg. License

No______________________)

Enclosed:

Photographs of all sides of site

June 13, 2018]

Tamil nadu government gazette

Form-6

[Section 4(2)(I)(D)]

Format for furnishing a certificate from the bank in their letter pad duly signed by the competent authority with

official seal for maintaining an account exclusively for the project concerned

To,

Tamil Nadu Real Estate Regulatory Authority,

No.1A, 1^stFloor,

Gandhi Irwin Bridge Road,

Egmore,

Chennai – 600008.

Sir,

Subject:

TNRERA –

Application

for

project

registration

–

Construction

a t

opening of an separate account for the project – certificate issued – Reg.

_____

With reference to the application for registration of projects

(Project name), it is

certified that Thiru. / M/s.

has / have opened an account / maintaining an account in

account no.

exclusively for the project approved in Planning

Permission approved Letter No.

. In compliance of sub-clause (D) of clause (l) of sub-section

(2) of section 4 of the Act,

has / have agreed to deposit 70% of the amount collected from

the allottees from time to time to the above account.

Office Seal :

Signature of the Competent Authority

Date

Tamil nadu government gazette

[Part III—Sec. 2

FORM 7

On the letter head of Chartered Accountant (who is Statutory Auditor of the promoter’s company/firm)

ANNUAL REFPORT ON STATEMENT OF ACCOUNTS

To (NAME & ADDRESS OF PROMOTER)

Subject: Report on Statement of Accounts on project fund utilization and withdrawal by (Promoter) for the period

from______ to

with respect to TNRERA Regn. Number

This certificate is issued in accordance with the provisions of the Real Estate (Regulation and Development) Act,

2016 read along with the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.

I/We have obtained all necessary information and explanation from the Company, during the course of our audit,

which in my/our opinion are necessary for the purpose of this certificate.

I/We hereby confirm that I/We have examined the prescribed registers, books and documents and the relevant

records of (Promoter) for the period ended

and hereby certify that:

M/s.__ (Promoter) have completed

% of the project titled

(Name) TNRERA

Regn.

located at

ii.

Amount collected during the year for this project is Rs.

and amounts collected till date is Rs.

iii.

Amount withdrawn during the year for this project is Rs.

and amount withdrawn till date is Rs.

I/We certify that the (Name of Promoter) has utilized the amounts collected for

project

has

been

accordance with the proportion to the percentage of completion of the project. (If not, please specify the amount withdrawn

in excess of eligible amount or any other exceptions)

(Signature and Stamps/Seal of the Signatory CA)

Name of the Signatory:

Place:

Full Address

Date:

Membership No.:

Contact No.:

E mail

June 13, 2018]

Tamil nadu government gazette

Form 8

(See Regulation 9)

BEFORE THE TAMIL NADU REAL ESTATE REGULATORY AUTHORITY

Authorisation Form

Complaint No./

In the matter of

_________________________________ Petitioner

versus

________________________________ Respondent(s)

Memo of Authorisation

I/We,

_______________

the

petitioner/respondent

above

named

hereby

nominate,

appoint

and

constitute______________________ to act, plead and appear on my/our behalf in the aforesaid matter.

IN WITNESS WHEREOF I/We have set and subscribed my/our hands to this writing on this_____________day

of_________________

Place:

Signature

(Petitioner/Respondent)

Date:

Address for Correspondence

I/We accept_____________________

Tamil nadu government gazette

[Part III—Sec. 2

Form 9

[See Regulation 15(a)]

Notice of Hearing

Office of Tamil Nadu Real Estate

Regulatory Authority

Date:

Sub: Complaint No.______________ filed by Thiru./Tmt ___________________

Sir/Madam,

Whereas the Complainant/s above named has / have filed the complaint against respondents for the relief

prayed therein. A copy of complaint along with documents filed by the complainant is hereby served upon you.

You are hereby directed to present either in person or through your authorized representative / Advocate

before the Authority on______________at______________to submit your reply / objections, if any, failing which

the matter shall be proceeded further and appropriate decision will be taken on the basis of available documents and

evidence on record.

Sd/-

The Designated Officer

TNRERA.

All Respondents

______________

June 13, 2018]

Tamil nadu government gazette

Form 10

[See Regulation 27 & 29]

BEFORE THE TAMIL NADU REAL ESTATE REGULATORY AUTHORITY

Application for inspection/obtaining copies of documents/records

I hereby apply for grant of permission to inspect/obtain copies of the following documents/records in the above case. The

details are as follows:

Name & Address of the person seeking permission to inspect/obtain copies of the documents/records.

Whether he is party to the case or he is the authorised representative of any party. (Furnish necessary particulars).

Details of papers/documents sought to be inspected/copies required.

Date and duration of the inspection sought.

The amount of fee payable (as per relevant Regulations) and the mode of payment.

Place:

Date:

Signature

Office Use

Granted inspection on

/Rejected

Granted copies of documents on

/ Rejected

Nominee of the Authority

__________________________________________________________

Egmore, Chennai-600 008,

S. KRISHNAN,

7th June 2018.

Principal Secretary to Government,

Housing and Urban Development Department.

Chairperson,

Tamil Nadu Real Estate Regulatory Authority.

Tamil nadu government gazette

[Part III—Sec. 2

Chennai Port Trust

General Administration Department

(RRC/2682/2017/GA)

No. SRO C-12/2018.—In pursuance of Stevedoring and Shore Handling Policy for Major Ports communicated by

the Ministry of Shipping in its letter No. PD-11033/73/2013-PT(pt), dated 14th June, 2016 and in exercise of the powers

conferred under Section 123 of the Major Port Trust Act, 1963 (Act 38 of 1963), the Chennai Port Trust Board vide its

Resolution No. 34, dated 23-05-2017 has approved the draft Chennai Port Trust (Licensing of Stevedores and Shore

Handling) Regulations 2017 in supersession of the existing Chennai Port Trust (Licensing of Stevedores) Regulations

2009 and subject to publication as required under Section 124 of the said Act, the aforesaid draft Regulations

have been pre-published in the Tamil Nadu Government Gazette in two successive issues viz. SRO C-16/2017, dated

19-07-2017 and 26-07-2017. After duly observing the procedures, the aforesaid proposal was forwarded to Ministry of

Shipping, New Delhi, seeking sanction of the Government under Section 28 read with Section 124 of the MPT Act,

1963.

The Ministry of Shipping vide its letter No. PD-28-31/2017-PD-I[330059], dated 1st February 2018 after examined

the proposal has forwarded the observations of the Regulation Standardization Committee of Indian Ports Association,

New Delhi and requested certain amendments to be incorporated in the aforesaid draft Regulations. The Chennai Port

Trust Board vide its Resolution No. 134, dated 27-03-2018 has approved the following amendments to the draft Chennai

Port Trust (Licensing of Stevedores and Shore Handling) Regulations 2018 subject to publication as required under

Section 124 of the said Act and subject to approval of the Central Government:-

Amendments

(1) In the draft Chennai Port Trust (Licensing of Stevedores and Shore Handling) Regulations 2018,

Regulation 4 shall be substituted as under:

“4. STEVEDORING AND SHORE HANDLiNG CHARGES:

(i) TAMP shall notify the normative tariff for Stevedoring and Shore handling activities, separately

for mechanised and manual operations for the Major Ports based on a set of Guidelines to be

issued to TAMP. This tariff shall be ceiling tariff.

(ii) All port customers will be notified on, the ceiling tariffs set for Stevedoring and Shore handling activities.

The tariff will be mandatorily displayed on the Port website.

(iii) The Port shall charge a royalty as the license fee for the Stevedoring and Shore Handling licenses. The Port

shall fix a per metric tonne royalty rate from all agents and no discrimination will be made among Stevedoring

and Shore Handling agents on the royalty license fee.

(iv) The Port shall appoint a nodal officer responsible for monitoring of Stevedoring and Shore Handling

tariffs. The officer will be responsible for handling all complaints on violation of Stevedoring and

Shore Handling ceiling tariff.

(2) In the aforesaid draft Regulations, Regulation 8(vi) shall be substituted as under:

“Whenever casual workers are deployed the Stevedore & Shore Handling agents should ensure that such

workers are covered by the insurance policy”.

(3) In the aforesaid draft Regulations, Regulation 8(xv) shall be substituted as under:

“Stevedore and Shore handling agent shall achieve the performance norms fixed by the Port’s Berthing policy”.

(4) In the aforesaid draft Regulations, in ‘Form - A’ the following ‘Self-certification’ shall be added as the first Para

after serial No.12.-

“I/We the firm / Management / directors are not convicted by the court of any offence involving moral

turpitude and sentenced in respect of thereof to imprisonment for not less than six months, and a period of

five years has not been elapsed from the date of expiry of the sentence”.

Administrative Office,

P. Raveendran,

Rajaji Salai,

Chairman,

Chennai - 600 001.

Chennai Port Trust.

27th March 2018.

printed and published by the Director of Stationery and printing, chennai

on behalf of the Government of Tamil Nadu