1231

Panaji, 24th August, 2017 (Bhadra 2, 1939)

SERIES I No. 21

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Education, Art & Culture

Directorate of Higher Education

—

Order

8/37/92-END/PART/GCOM/1459

Sanction of the Government is hereby

accorded for revival of 1 (one) post of Assistant

Professor in Tabla (Group “A” Gazetted) in

Goa College of Music, Panaji-Goa, under

Directorate of Higher Education in the pay

scale of Rs. 15,600-39,100+AGP: Rs. 6,000/-

(pre-revised), with immediate effect.

Suggestions are welcomed on e-mail: dir–[email protected]

The expenditure towards the pay and

allowances shall be debitable under the

Demand No. 35 of the respective Budget

Head.

This issues with the concurrence of Finance

(Rev. & Cont.) Department vide their U. O. No.

Fin (R&C)/1400039243-F dated 9-8-2017.

By order and in the name of the Governor

of Goa.

Diwan N. Rane, Under Secretary (Higher

Education).

Porvorim, 17th August, 2017.

There are four Extraordinary issues to the Official Gazette, Series I No. 20 dated 17-8-2017 as follows:—

(1) Extraordinary dated 17-8-2017 from pages 1219 to 1222 from Department of Law & Judiciary (Legal Affairs Division),

Notification No. 7/10/2017-LA regarding the Goa Members and Legislative Assembly (Removal of Disqualification)

(Amendment) Act, 2017.

(2) Extraordinary (No. 2) dated 18-8-2017 from pages 1223 to 1224 from Department of Finance, Not. No. 5-4-

-2017-Fin(DMU) regarding Market Borrowing Programme.

(3) Extraordinary (No. 3) dated 18-8-2017 from pages 1225 to 1226 from Department of Law & Judiciary (Legal Affairs

Division), Notification No. 7/8/2017-LA regarding The Goa Lokayukta (Amendment) Act, 2017.

(4) Extraordinary (No. 4) dated 22-08-2017 from pages 1227 to 1230 from (a) Department of Finance (R & C) Not. No. 38/

/1/2017-Fin(R&C)(19/2017-Rate)/2933, regarding amendment of GST Act, 2017 (b) Department of Law and Judiciary

(Legal Affairs) Not. No. 7/9/2017-LA, regarding The Goa Aadhaar (Targeted Delivery of Financial and other Subsidies,

benefits and services) Act, 2017.

NOTE

Department

Notification/Order

Subject

Pages

1. Education, Art & Culture

Ord.- 8/37/92-END/PART/

Revival of post.

1231

Dte. of Higher Education

/GCOM/1459

Under Secretary

2. Civil Supplies & Consumer

Not.- DCS/S/Ker/PF/

Revised wholesale & retail price of superior

1232

Affairs

/2017-18/52

kerosene oil

Director & ex off. Jt. Secy

3. a. Personnel

Not.- 1/1/2015-PER/2471

RR.— Goa College of Architecture.

1233

Additional Secretary

b. —do—

Not.- 1/1/2009/PER/2472

RR.— Directorate of Technical Education.

1241

4. Transport

Not.- D. Tpt/EST/1508/2010

Draft Rules— The Goa Motor Vehicles

1243

Dir. & ex off. Addl. Secy.

(Part File)/2017/2720

(Amendment) Rules, 2017

5. Urban Development

Not.- 11/35/2017-DMA/1474

Draft Rules— Goa RERA Rules, 2017

1245

Dir. & ex off. Addl. Secy.

INDEX

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1232

Department of Civil Supplies and Consumer Affairs

___

Notification

DCS/S/Ker/PF/2017-18/252

In pursuance of clause 3 read with sub-clause (d)(i) of clause 2 of Kerosene Fixation of

Ceiling Price Order (1993), the Government of Goa hereby directs that maximum wholesale

& retail price for domestic purpose of Superior Kerosene Oil stands revised as under with

effect from 16-08-2017. This Notification supersedes earlier Notification No. DCS/S/KER/PF/

/2017-18/216 dated 25-07-2017.

Sr.

Taluka

Wholesale Price

Retail Price

No.

per Kilo litre

per litre

including GST

& Green Cess

Existing

Revised

Existing

Revised

Tiswadi

Rs. 21467.62

Rs. 21997.89

Rs. 23.75

Rs. 24.25

Chorao

Rs. 21499.12

Rs. 22029.39

Rs. 23.75

Rs. 24.25

Diwar

Rs. 21499.12

Rs. 22029.39

Rs. 23.75

Rs. 24.25

Salcete

Rs. 20975.26

Rs. 21505.52

Rs. 23.25

Rs. 23.75

Bardez

Rs. 21623.11

Rs. 22153.37

Rs. 24.00

Rs. 24.50

Corjuvem

Rs. 21623.11

Rs. 22153.37

Rs. 24.00

Rs. 24.50

Mormugao

Rs. 20787.38

Rs. 21317.64

Rs. 23.00

Rs. 23.50

Ponda

Rs. 21078.91

Rs. 21609.18

Rs. 23.25

Rs. 23.75

Quepem

Rs. 21227.92

Rs. 21758.18

Rs. 23.50

Rs. 24.00

Bicholim

Rs. 21636.06

Rs. 22166.33

Rs. 24.00

Rs. 24.50

Pernem

Rs. 21927.60

Rs. 22457.86

Rs. 24.25

Rs. 24.75

Canacona

Rs. 21525.93

Rs. 22056.19

Rs. 23.75

Rs. 24.25

10.

Sanguem

Rs. 21370.44

Rs. 21900.71

Rs. 23.50

Rs. 24.00

11.

Satari

Rs. 21525.93

Rs. 22056.19

Rs. 23.75

Rs. 24.25

12.

Dharbandora

Rs. 21370.44

Rs. 21900.71

Rs. 23.50

Rs. 24.00

By order and in the name of the Governor of Goa.

Mahesh V. Corjuenkar, Director & ex officio Jt. Secretary (Civil Supplies & Consumer Affairs).

Panaji, 22nd August, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1233

Department of Personnel

—

Notification

1/1/2015-PER/2471

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the Government

Notification No. 1/26/2005-PER dated

22-8-2007, published in the Official Gazette,

Extraordinary No. 4, Series I No. 20 dated

22-8-2007, the Governor of Goa hereby makes

the following rules to regulate the recruitment

to the Goa General Service, Group ‘A’, Gazetted

posts, in the Goa College of Architecture,

under the Directorate of Technical Education,

Government of Goa, namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the

Government of Goa, Goa College of

Architecture, Group ‘A’, Gazetted posts,

Recruitment Rules, 2017.

(2) They shall apply to the post specified

in column (2) of the Schedule to these rules

(hereinafter called as the “said Schedule”).

(3) They shall come into force from the date

of their publication in the Official Gazette.

2. Number, classification and scale of pay.—

The number of posts, classification of the said

posts and the scale of pay attached thereto

shall be as specified in columns (3) to (5) of

the said Schedule:

Provided that the Government may vary the

number of posts as specified in column (3) of

the said Schedule from time to time subject to

exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said posts, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (6)

to (14) of the said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage

and that there are other grounds for so

doing, exempt any person from the operation

of this rule.

5. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing, and in

consultation with the Goa Public Service

Commission, relax any of the provisions of

these rules with respect to any class or

category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided

for Scheduled Castes and other special

categories of persons in accordance with

the orders issued by the Government from

time to time in that regard.

7. These rules are issued in consultation

with the Goa Public Service Commission

conveyed vide their letters COM/II/13/5(1)/

/2007/539 dated 21-7-2017, COM/II/13/5(2)/

/2007/521 dated 20-07-2017, COM/II/13/5(3)/

/2007/520 dated 20-07-2017 and COM/II/13/

/5(4)/2007/522 dated 20-7-2017.

By order and in the name of the Governor

of Goa.

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 10th August, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1234

SCHEDULE

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

Name/

/Desig-

nation of

the post

Age limit

for direct

recruits

Period

proba-

tion, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Whether the

benefit of

added years

of service is

admissible

under Rule

30 of CCS

(Pension)

Rules, 1972

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Level in

the Pay

Matrix

If a

D.P.C./

/D.S.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

(2017)

Subject

variation

depen-

dent on

workload.

N. A.

Goa

General

Service,

Group

‘A’,

Gazetted.

L-

14+Spe-

cial

Allow-

ance of

Rs.

3,000

per

month.

Not

exceed-

ing 50

years

(Relaxable

for

Govern-

ment

servants

upto 5

years in

accor-

dance

with the

instruc-

tions or

orders

issued by

the

Govern-

ment).

No.

N. A.

One

year.

By direct

recruitment.

Princi-

pal.

N. A.

Group

‘A’,

D.P.C.

consisting of:

(1) Chairman/

/Member, Goa

Public Service

C o m m i s s i o n

—Chairman.

(2) Chief Secre-

tary

his

nominee

—Member.

(3) Administra-

tive Secretary/

/Head of De-

partment

—Member.

(For considering

confirmation).

Consulta-

tion with

the Goa

Public

Service

Commis-

sion is

necessary

for

making

direct

recruit-

ment,

confirma-

tion and

for

amend-

ing/

/relaxing

any of the

provisions

of these

rules.

Essential:

(1) Bachelors and

Masters Degree in

Architecture with

First

Class

equivalent, either in

Bachelors or Mas-

ters Degree.

(2) Ph.D. or equiva-

lent in appropriate

discipline.

(3) Minimum of 10

years experience in

Te a c h i n g / R e -

search/Industry,

out of which, at

least 3 years should

be at the level of

Professor.

(3) Minimum of 13

years experience in

Teaching and/or

Research and/or In-

dustry.

Note: (1) In case of

research experi-

ence, good aca-

demic record and

books/research pa-

Whether

selection

post or

non-

-selection

post

Serial No.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1235

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

per publications/In-

tellectual Property

Rights/patents

record shall be re-

quired as deemed

fit by the expert

members of the

Selection Commit-

tee.

If the experience in

industry is consid-

ered, the same shall

be at managerial

level equivalent to

Professor level with

active participation

record in devising/

/designing, devel-

oping, planning, ex-

ecuting, analyzing,

quality control, inno-

vating, training

technical books/re-

search paper publi-

cations/Intellectual

Property Rights/

/patents, etc. as

deemed fit by the

expert members of

the Selection Com-

mittee.

Note: 2 In case of

Architecture, Profes-

sional Practice of 10

years as certified by

the Council of Archi-

tecture shall also be

considered valid.

(4) Knowledge of

Konkani.

Note: In case of non-

-availability of suit-

able candidates with

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1236

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

the knowledge of

Konkani, the Goa

Public Service Com-

mission may recom-

mend a candidate if

otherwise found fit

and this requirement

can be relaxed by the

Government, on the

recommendation of

the Goa Public Ser-

vice Commission, if

the Government is of

the opinion that it is

necessary or expedi-

ent so to do.

Desirable: (i) Post

Ph.D publications

and shall have

guided Ph.D stu-

dents.

(ii) Knowledge of

Marathi.

(2017)

(Subject

variation

depen-

dent on

workload).

N. A.

Goa

General

Service,

Group

‘A’,

Gazetted.

L-14

(Min.

Basic

Rs.

43,000/-)

Not

exceed-

ing 50

years

(Relaxable

for

Govern-

ment

servants

upto 5

years in

accor-

dance

with the

instruc-

tions or

orders

issued by

the

Govern-

ment).

No.

N. A.

One

year.

By direct

recruitment.

Professor

in Archit-

ecture.

N. A.

Group

‘A’,

D.P.C.

consisting of:

(1) Chairman/

/Member, Goa

Public Service

C o m m i s s i o n

—Chairman.

(2) Chief Secre-

tary

his

nominee

—Member.

(3) Administra-

tive Secretary/

/Head of De-

partment

—Member.

(For considering

confirmation).

Consulta-

tion with

the Goa

Public

Service

Commis-

sion is

necessary

for

making

direct

recruit-

ment,

confirma-

tion and

for

amend-

ing/

/relaxing

any of the

provisions

of these

rules.

Essential:

(1) Bachelors and

Masters Degree in

Architecture with

First

Class

equivalent, either in

Bachelors or Mas-

ters Degree.

(2) Ph.D. or equiva-

lent in appropriate

discipline.

(3) Minimum of 10

years Teaching/Re-

search/Industrial

experience, out of

which, at least 5

years should be at

the level of Associ-

ate Professor.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1237

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

(3) Minimum of 13

years experience in

Teaching and/or

Research and/or

Industry.

Note: (1) In case of

research experi-

ence, good aca-

demic record and

books/research pa-

per publications/In-

tellectual Property

Rights/patents

record shall be re-

quired as deemed

fit by the expert

members of the

Selection Commit-

tee.

If the experience in

industry is consid-

ered, the same shall

be at managerial

level equivalent to

Associate Professor

with active partici-

pation record in de-

vising/designing,

planning, execut-

ing, analyzing, qual-

ity control, innovat-

ing, training techni-

cal books/research

paper publications/

Intellectual Property

Rights/patents, etc.

as deemed fit by the

expert members of

the Selection Com-

mittee.

Note: 2 In case of Ar-

chitecture, Profes-

sional Practice of 10

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1238

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

years as certified by

the Council of Archi-

tecture shall also be

considered valid.

(4) Knowledge of

Konkani.

Note: In case of non-

-availability of suit-

able candidates with

the knowledge of

Konkani, the Goa

Public Service Com-

mission may recom-

mend a candidate if

otherwise found fit

and this requirement

can be relaxed by the

Government, on the

recommendation of

the Goa Public Ser-

vice Commission, if

the Government is of

the opinion that it is

necessary or expedi-

ent so to do.

Desirable: (i) Post

Ph.D publications

and shall have

guided Ph.D stu-

dents.

(ii) Knowledge of

Marathi.

(2017)

Subject

variation

depen-

dent on

workload.

N. A.

Goa

General

Service,

Group

‘A’,

Gazetted.

L-13.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

servants

No.

N. A.

Two

years.

By direct

recruitment.

Associate

Professor

Architec-

ture.

N. A.

Group

‘A’,

D.P.C.

consisting of:

(1) Chairman/

/Member, Goa

Public Service

C o m m i s s i o n

—Chairman.

Consulta-

tion with

Goa

Public

Service

Commis-

sion is

necessary

for

making

Essential:

(1) Bachelors and

Masters Degree in

Architecture with

First

Class

equivalent, either in

Bachelors or Mas-

ters Degree.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1239

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

(2) Ph.D. or equiva-

lent in appropriate

discipline.

(3) Minimum of 5

years experience in

Teaching/Research

Industry.

Note: In case of Ar-

chitecture, Profes-

sional Practice of 5

years as certified by

the Council of Ar-

chitecture shall also

be considered valid.

(4) Knowledge of

Konkani.

Note: In case of non-

-availability of suit-

able candidates with

the knowledge of

Konkani, the Goa

Public Service Com-

mission may recom-

mend a candidate if

otherwise found fit

and this requirement

can be relaxed by the

Government, on the

recommendation of

the Goa Public Ser-

vice Commission, if

the Government is of

the opinion that it is

necessary or expedi-

ent so to do.

Desirable: (i) Post

Ph.D publications

and shall have

guided Ph.D stu-

dents.

(ii) 2 years of post

Ph.D experience in

t e a c h i n g / R e -

search/ Industry.

(iii) Knowledge of

Marathi.

upto 5

years in

accor-

dance with

the

instruc-

tions or

orders

issued by

the

Govern-

ment).

(2) Chief Secre-

tary

his

nominee

—Member.

(3) Administra-

tive Secretary/

/Head of De-

partment

—Member.

(For considering

confirmation).

direct

recruit-

ment,

confirma-

tion and

for

amend-

ing/

/relaxing

any of

the

provi-

sions of

these

rules.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1240

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

(2017)

Subject

variation

depen-

dent on

workload.

N. A.

Goa

General

Service,

Group

‘A’,

Gazetted.

L-10.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

servants

upto 5

years in

accor-

dance

with the

instruc-

tions or

orders

issued by

the

Govern-

ment).

No.

N. A.

Two

years.

By direct

recruitment.

Assistant

Professor

Architec-

ture.

N. A.

Group

‘A’,

D.P.C.

consisting of:

(1) Chairman/

/Member, Goa

Public Service

C o m m i s s i o n

—Chairman.

(2) Chief Secre-

tary

his

nominee

—Member.

(3) Administra-

tive Secretary/

/Head of De-

partment

—Member.

(For considering

confirmation).

Consulta-

tion with

Goa

Public

Service

Commis-

sion is

necessary

for

making

direct

recruit-

ment,

confirma-

tion and

for

amend-

ing/

/relaxing

any of the

provisions

of these

rules.

Essential:

(1) Bachelors and

Masters Degree in

Architecture with

First

Class

equivalent, either

in Bachelors or

Masters Degree.

(2) Knowledge of

Konkani.

Note: In case of non-

-availability of suit-

able

candidates

with the knowledge

of K o n k a n i , t h e

Goa Public Service

Commission

may

recommend a candi-

date if otherwise

found fit and this re-

quirement can be

relaxed by the Gov-

ernment, on the rec-

ommendation of the

Goa Public Service

Commission, if the

Government is of the

opinion that it is nec-

essary or expedient

so to do.

Desirable:

Knowledge

Marathi.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1241

Notification

1/1/2009-PER/2472

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the Government

Notification No. 1/3/89-PER (Pt. II) dated

5-10-2006, published in the Official Gazette,

Series I, No. 29 dated 19-10-2006, the Governor

of Goa hereby makes the following rules to

regulate the recruitment to the Goa General

Service, Group ‘A’, Gazetted post, in the

Government

Polytechnic,

under

the

Directorate

Technical

Education,

Government of Goa, namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the

Government of Goa, Government Polytechnic,

under the Directorate of Technical Education,

Group ‘A’, Gazetted post, Recruitment Rules,

2017.

(2) They shall apply to the post specified

in column (2) of the Schedule to these

rules (hereinafter called as the “said

Schedule”).

(3) They shall come into force from the

date of their publication in the Official

Gazette.

2. Number, classification and scale of pay.—

The number of posts, classification of the said

post and the scale of pay attached thereto

shall be as specified in columns (2) to (4) of

the said Schedule:

Provided that the Government may vary the

number of posts as specified in column (2) of

the said Schedule from time to time subject to

exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said post, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (5)

to (13) of the said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage

and that there are other grounds for so

doing, exempt any person from the operation

of this rule.

5. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing, and in

consultation with the Goa Public Service

Commission, relax any of the provisions of

these rules with respect to any class or

category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided

for Scheduled Castes and other special

categories of persons in accordance with

the orders issued by the Government from

time to time in that regard.

7. These rules are issued in consultation

with the Goa Public Service Commission

conveyed vide their letter COM/II/13/34(1)/

/03/541 dated 21-7-2017.

By order and in the name of the Governor

of Goa.

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 9th August, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1242

SCHEDULE

1 2 3 4 5 6 6(a) 7 8 9 10 11 12 13

Name/

/Desig-

nation of

the post

Age limit

for direct

recruits

Period

proba-

tion, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Whether the

benefit of

added years

of service is

admissible

under Rule

30 of CCS

(Pension)

Rules, 1972

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Scale of

pay

If a

D.P.C./

/D.S.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

(2017)

Subject

variation

depen-

dent on

workload.

N. A.

Goa

General

Service,

Group

‘A’,

Gazetted.

PB-3

Rs.

15,600-

39,100

with

AGP of

Rs.

5,400/-.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

servants

upto 5

years in

accor-

dance

with the

instruc-

tions or

orders

issued by

the

Govern-

ment).

N. A.

Two

years.

By direct

recruitment.

Lecturer

(Humani-

ties &

Sciences).

N. A.

Group

‘A’,

D.S.C.

consisting of:

(1) Chairman/

/Member, Goa

Public Service

C o m m i s s i o n

—Chairman.

(2) Chief Secre-

tary

his

nominee

—Member.

(3) Administra-

tive Secretary/

/Head of De-

partment

—Member.

(For selection and

confirmation).

Consulta-

tion with

Goa

Public

Service

Commis-

sion is

necessary

for

making

direct

recruit-

ment,

confirma-

tion and

for

amend-

ing/

/relaxing

any of the

provisions

of these

rules.

Essential:

(i) Masters Degree

in the appropriate

branch of Humani-

ties and Sciences

with minimum First

Class.

Note: ‘Appropriate

branch’ means sub-

jects such as Maths,

Physics, Chemistry,

English, Geology, as

the case may be.

(ii) Knowledge of

Konkani.

Note: In case of non-

-availability of a suit-

able candidate with

the knowledge of

Konkani, the Goa

Public Service Com-

mission may recom-

mend a candidate if

otherwise found fit

and this requirement

can be relaxed by the

Government, on the

recommendation of

the Goa Public Ser-

vice Commission, if

the Government is of

Whether

selection

post or

non-

-selection

post

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1243

1 2 3

4 5 6 7 7(a) 8 9 10 11 12 13 14

the opinion that it is

necessary or expedi-

ent so to do.

Desirable:

Knowledge

Marathi.

Department of Transport

Directorate of Transport

—

Notification

D.Tpt/EST/1508/2010(Part File)/2017/2720

The following draft rules which the

Government of Goa proposes to make in

exercise of the powers conferred by sections

26, 28, 38, 65, 95, 96, 107, 111, 138, 159, 176,

211 and 213 of the Motor Vehicles Act, 1988

(Central Act No. 59 of 1988) (hereinafter

referred to as the “said Act”), so as to further

amend the Goa Motor Vehicles Rules, 1991,

are hereby published as required by section

212 of the said Act, for the information of the

persons likely to be affected thereby and

notice is hereby given that the said draft rules

will be taken into consideration by the

Government after the expiry of fifteen days

from the date of publication of this Notification

in the Official Gazette.

All objections and suggestions to the said

draft rules may be forwarded to the Director

of Transport to the Government of Goa, Junta

House, Panaji, within fifteen days from the date

of publication of this Notification in the Official

Gazette.

DRAFT RULES

In exercise of the powers conferred by

sections 26, 28, 38, 65, 95, 96, 107, 111, 138,

159, 176, 211 and 213 of the Motor Vehicles

Act, 1988 (Central Act 59 of 1988), and all other

powers enabling it in this behalf, the

Government of Goa hereby makes the

following rules so as to further amend the Goa

Motor Vehicles Rules, 1991, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Motor

Vehicles (Amendment) Rules, 2017.

(2) They shall come into force from the date

of their publication in the Official Gazette.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1244

Rs. 4,500/- for two and three

wheelers and Rs. 20,000/- for

vehicles other than two and

three wheelers.

Rs. 4,500/- for two and three

wheelers and Rs. 7,500/- for

vehicles other than two and

three wheelers.

Rs. 6,000/- for two and three

wheelers and Rs. 15,000/- for

vehicles other than two and

three wheelers.

Rs. 7,500/- for two and three

wheelers and Rs. 30,000/- for

vehicles other than two and

three wheelers.

Rs. 3,750/- for two and three

wheelers and Rs. 11,250/- for

vehicles other than two and

three wheelers.

Rs. 2,250/- for two and three

wheelers and Rs. 7,500/- for

vehicles other than two and

three wheelers.

Rs. 7,500/- for two and three

wheelers and Rs. 30,000/- for

vehicles other than two and

three wheelers.

(a)

Assignment of registration

mark with identical numerals

from 0001 to 0009

(b)

Assignment of registration

mark with identical last two

digits in symmetrical striking

numbers like 0011, 0022, 0033,

0044, 0055, etc.

(c)

Assignment of registration

mark with identical last three

digits in symmetrical striking

numbers like 0111, 0222, 0333,

0444, 0555, etc.

(d)

Assignment of registration

mark with identical four

digits mark symmetrical

striking numbers like 1111,

2222, 3333, 4444, 5555, etc.

(e)

Assignment of registration

mark with combination of

number in pair like 1122,

1133, 2233, 9988, 7733, 8800,

etc.

(f)

Assignment of registration

mark

consecutive

ascending order of digits like

0123, 0345, 1234, 0456, 5678,

etc.

(g)

Assignment of number, such

as “0786”

Rs. 9,000/- for two and three

wheelers and Rs. 40,000/- for

vehicles other than two and

three wheelers.

Rs. 9,000/- for two and three

wheelers and Rs. 15,000/- for

vehicles other than two and

three wheelers.

Rs. 12,000/- for two and three

wheelers and Rs. 30,000/- for

vehicles other than two and

three wheelers.

Rs. 15,000/- for two and three

wheelers and Rs. 60,000/- for

vehicles other than two and

three wheelers.

Rs. 7,500/- for two and three

wheelers and Rs. 22,500/- for

vehicles other than two and

three wheelers.

Rs. 4,500/- for two and three

wheelers and Rs. 15,000/- for

vehicles other than two and

three wheelers.

Rs. 15,000/- for two and three

wheelers and Rs. 60,000/- for

vehicles other than two and

three wheelers.

Sr. No.

Particulars

Private Series

Transport Series

2. Substitution of rule 310.— For rule 310 of the Goa Motor Vehicles Rules, 1991,the following

shall be substituted, namely:—

“310. Fees for choice numbers.— (1) For assignment of a registration mark for a vehicle of the

choice of the applicant under private or transport series, the following fees shall be levied,

namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1245

(2) In case the number of persons desirous

of having any particular registration marks is

more than one then the allotment shall be

made by the concerned Registration Authority

to the highest bidder.

(3) In case the applicant desires any number

in advance except the choice number, the fee

for such number shall be Rs. 7,000/- for two

and three wheeler vehicle and Rs.15,000/- for

vehicle other than two and three wheeler.

(4) The choice numbers which are not

claimed by any applicant shall be free to be

released without payment of any extra amount

only after the series is exhausted.

(5) In case anyone desires to reserve the

choice number in advance in a running series,

the applicant shall have to pay the entire fees

specified for such number which is non-

refundable, if the vehicle is not registered

within 90 days:

Provided that the Government may give an

order in writing to start a new registration

series to assign registration number as desired

by applicants, on the recommendation of the

Director of Transport/Registering Authority for

which the applicant shall have to pay the fees

at the rate of three times of the fee specified

above.”

By order and in the name of the Governor

of Goa.

Nikhil Desai, Director & ex officio Addl.

Secretary (Transport)

Panaji, 22nd August, 2017.

Department of Urban Development

—

Notification

11/35/2017-DMA/1474

The following draft rules which the

Government of Goa proposes to make in

exercise of the powers conferred by sub-

-sections (1) and (2) of section 84 of the Real

Estate (Regulation and Development) Act,

2016 (Central Act 16 of 2016) (hereinafter

referred to as the said Act”), and all other

powers enabling it in this behalf, are hereby

published, for information of all persons likely

to be affected thereby; and notice is hereby

given that said draft rules will be taken into

consideration by the Government after the

expiry of a period of ten days from the date of

publication of this Notification in the Official

Gazette.

All objections or suggestions to the said

draft rules may be forwarded, either through

e-mail viz. “[email protected]”, or by post

to the Secretary (UD), Department of Urban

Development, Collectorate Building, Ground

Floor, Panaji-Goa-403001 before the expiry of

said period of ten days so that they may be

taken into consideration at the time of

finalisation of said draft Rules.

DRAFT RULES

In exercise of the powers conferred by

clauses (a) to (k) and clause (p) of sub-section

(2) of section 84 of the Real Estate (Regulation

and Development) Act, 2016 (Central Act 16

of 2016), and all other powers enabling it in

this behalf, the Government of Goa, hereby

makes the following rules, namely:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1)

These rules may be called the Goa Real Estate

(Regulation and Development) (Registration of

real estate projects, Registration of real estate

agents, rates of interest and disclosures on

website) Rules, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

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1246

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Definition.— (1) In these rules, unless the

context otherwise requires,—

(a) “Act” means the Real Estate

(Regulation and Development) Act, 2016

(Central Act 16 of 2016);

(b) “Annexure” means an annexure

appended to these rules;

an independent body formed by and

consisting of all the Co-operative Societies

registered under the Goa Co-operative

Societies Act, 2001 (Goa Act 36 of 2001),

Companies registered under the Companies

Act, 2013 (Central Act 30 of 2013) or

condominiums or any other legal entity,

constituted by the allottees in various

buildings with or without wings located

within a layout, where each such

co-operative society or company or

condominium or any other legal entity, as

the case may be, which co-operate in the

maintenance and administration of common

areas and amenities and facilities provided

in the layout while independently retaining

control of its own internal affairs and

administration in respect of each of the

buildings for which they are formed;

(d) “Appellate Tribunal” means the Goa

Real Estate Appellate Tribunal established

under sub-section (1) of section 43 and shall

include its benches;

(e) “ASR” or “Annual Statement of Rates”

means the rate of land and building for

different users as notified under the

provisions of the relevant Act;

(f) “authenticated copy” shall mean a

self-attested copy of any document required

to be provided by any person under these

rules;

(g) “authorised representative” means a

person duly authorised by a party to a

proceeding to present Application or to

appear or plead on his behalf before the

Authority or Appellate Tribunal or

Adjudicating Officer;

(h) “Authority” means the Goa Real

Estate Regulatory Authority established

under sub-section (1) of section 20;

(i) “Chairperson” means the Chairperson

of the Authority;

(j) “Covered parking space” means an

area provided with a roof as approved by

the Competent Authority as per the

applicable Development Control Regula-

tions for parking of vehicles of the allottees

which may be in basements and/or stilt

and/or podium and/or space provided by

mechanised parking arrangements but shall

not include a garage and/or open parking;

(k) “disclosure” means the information

and documents to be uploaded by the

Promoter on the website of the Authority

as well as the information and documents,

which he is liable to give or produce or

cause to be given and produced to the

person intending to take or invest in project

under the Act to the public at large through

print media, electronic media, property

exhibition and promotional event and shall

also include the communication made to the

Authority, either in physical or electronic

form and includes the information,

documents, etc., being made available;

(l) “Form” means the form appended to

these Rules;

(m) “FAR or Floor Area Ratio” shall have

the same meaning as assigned to it in the

Building Rules or Building By-laws made by

Competent Authority under any law for the

time being in force;

(n) “Legal Practitioner” shall have the

same meaning as is assigned to it in the

Advocates Act, 1961 (Central Act 25 of

1961);

(o) “Member” means a Member of the

Authority;

(p) “Phase of a Real Estate Project” means

a building or a wing of the building in case

OFFICIAL GAZETTE — GOVT. OF GOA

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24TH AUGUST, 2017

1247

of building with multiple wings or defined

number of floors in a multi-storeyed

building/wing;

(q) “Redevelopment Scheme” means a

scheme inter-alia providing for allotment of

apartments in respect of rehabilitation or

redevelopment of slum areas, pre-existing

buildings, or cluster of buildings, as may be

approved by the relevant competent

authority under the provisions of this State

or Central law or orders of the Government

of Goa or Central Government;

(r) “regulations” means the regulations

made by the Authority;

(s) “section” means a section of the Act;

(t) “statutory authority” means such

authority who is invested with the powers

under any law, rules or regulations of the

Government of Goa or Central Government.

(2) Words and expressions used and not

defined in these Rules but defined in the Act

shall have the same meanings respectively

assigned to them in the Act.

CHAPTER II

Real Estate Project

3. Information to be furnished by the

promoter for the registration of real estate

project.— (1) The promoter shall furnish to the

Authority such information as is required

under the Act and documents, specified under

the sub-sections (1) and (2) of section 4 of the

Act, for registration of the real estate project

with the Authority.

(2) Without prejudice to the provisions of

sub-rule (1), the promoter shall also furnish

the following information and documents

alongwith the Application under sub-section

(1) of Section 4 of the Act, namely:—

(a) authenticated copy of the PAN card of

the promoter;

(b) name, photograph, contact details

and address of the promoter, if he is an

individual or authorized representative; or

the name, photograph, contact details and

address of the chairperson, partners,

directors, as the case may be, and the

authorized representative in case of other

entities.

the flow of title of the owner or promoter to

the land on which development is proposed,

with authentication of such title by Legal

practitioner;

(d) where the promoter is not the owner

of the land on which development is

proposed, a copy of the collaboration

agreement, development agreement, joint

development agreement or any other form

of agreement, as the case may be, entered

into between the promoter and owner of the

land, reflecting the consent of such owner

and authenticated copies of legal title report

reflecting the title of such owner, on the land

proposed to be developed;

(e) the information relating to the

encumbrances in respect of the land where

the real estate project is proposed to be

undertaken and the details regarding the

proceedings which are sub-judice (if any)

in respect of such land;

(f) (i) sanctioned plan where the project

is being developed along with information

relating to the FAR/TDR and other

entitlements which are proposed to be

utilized in accordance with the relevant

Development Control Regulations for the

time being in force, for carrying out such

sanctioned plan and the amenities and

common facilities (including common

areas, parking spaces) to be provided in

accordance with the sanctioned plan;

(ii) the Proposed Plan, Proposed Layout

Plan of the whole project and Floor Area

Ratio proposed to be consumed in the

whole project, as proposed by the promoter;

(iii) proposed Floor Area Ratio to be

consumed and sanctioned Floor Area Ratio.

In case the sanctioned Floor Area Ratio is

different than what is proposed to be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

24TH AUGUST, 2017

1248

consumed by the promoter, then the

proposed Floor Area Ratio shall be disclosed

at the time of registration and as and

when the additional Floor Area Ratio is

sanctioned, the same shall be uploaded on

the website of the Authority by the promoter

from time to time;

(iv) proposed number of building(s) or

wing(s) to be constructed and sanctioned

number of the building(s) or wing(s). In case

the sanctioned number of building(s) or

wing(s) is different than what is proposed

to be constructed by the promoter, then the

proposed number of building(s) or wing(s)

shall be disclosed at the time of registration

and as and when the additional number of

building(s) or wing(s) are sanctioned, the

same shall be uploaded on the website of

the Authority by the promoter from time to

time;

(v) proposed number of floors in respect

of each of the building or wing to be

constructed and sanctioned number of

floors in respect of each of the building or

wing. In case the sanctioned number of

floors is different than what is proposed to

be constructed by the promoter, then the

proposed number of floors shall be disclosed

at the time of registration and as and when

the additional number of floors are

sanctioned, the same shall be uploaded on

the website of the Authority by the promoter

from time to time;

(vi) aggregate area in square meters of

the recreation open space;

(vii) the number of covered parking

spaces,

(g) the particulars in respect of

Architecture and Design Standards, type of

Construction Technology, Earthquake

Resistant Measures and the like to be

adopted for Buildings and for Common

Areas and of amenities/facilities in the

Layout Plan of the real estate project;

(h) the nature of the organisation of

allottees to be constituted and to which the

title of such land parcels is to be conveyed

and the specific local laws to govern such

organisation of allottees on completion of

real estate project;

(i) the promoter shall also provide such

other information and documents, as may

be required by the Authority under these

rules or the regulations.

(3) The application for registration of a real

estate project referred to in sub-section (1) of

section 4 shall be made in Form ‘A’ hereto in

writing by the promoter or his representative

duly authorized by a letter of Authority or

Board Resolution and shall be submitted in

triplicate.

(4) When the provision for submission of

web-based applications for registration of

projects has been made by the Authority

under sub-section (3) of section 4, the

provisions of sub-rule (3) shall not apply.

(5) (a) At the time of application for

registration, the promoter shall pay a

registration fee, calculated on the area of the

land proposed to be developed at the rate of,

rupees ten per square meter, subject to a

minimum of rupees fifty thousand only and a

maximum of rupees ten lakhs only.

(b) The fees for registration of real estate

project shall be paid through NEFT or RTGS

System or any other digital transaction mode.

(6) The declaration to be submitted under

clause (1) of sub-section (2) of section 4 shall

be in Form “B” hereto.

Explanation.— The registration of a real

estate project shall not be required,— (i) for

the purpose of any renovation or repair or

redevelopment which does not involve

marketing, advertisement, sale or new

allotment of any apartment, plot or building,

as the case may be, under the real estate

project; (ii) where only structural repairs of

existing building is being undertaken by or

through any Public Authority or as per

requirement under any law, rules or

regulations of the Government of Goa or under

directions of any Competent Authority.

OFFICIAL GAZETTE — GOVT. OF GOA

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1249

(7) The promoter may apply for withdrawal

of application for registration of the real estate

project before the expiry of the period of 30

days of its submission to Authority. In such

cases, the registration fee to the extent of ten

percent paid under sub-rule (5) above, or

rupees fifty thousand, whichever is more,

shall be retained as administrative charges

towards processing of application by the

Authority and the remaining amount shall be

refunded to the promoter within a period of

thirty days from the date of such withdrawal.

(8) The promoter shall disclose,—

(a) land cost in the real estate project for

the purposes of sub-clause (D) of clause (1)

of sub-section (2) of section 4;

(b) cost of construction in real estate

project for the purposes of sub-clause (D) of

clause (1) of sub-section (2) of section 4;

project.

4. Disclosure by promoter of ongoing real

estate projects.— (1) The promoter of an

ongoing real estate project, in which all

buildings as per sanctioned plan have not

received occupancy certificate or completion

certificate, as the case may be, as provided

by first proviso to sub-section (1) of section 3,

shall be required to submit application for

registration for each such phase of the project,

within a period of three months from the date

of commencement of these Rules.

Explanation.— For the purpose of this sub-

-rule,— (1) the expression “phase of the

project” means the building or buildings in a

project in respect of which occupancy or

completion certificate has not been received;

(II) the term “completion certificate” means

such building permission or certificate, by

whatever name called, which is issued by

the competent authority by or under the

provisions of The Goa Land Development and

Building Construction Regulations, 2010 or

any other law for the time being in force, in

accordance with which the permission for

development is being granted.

(2) The Promoter shall disclose all details of

ongoing real estate project as required under

sub-section (1) and (2) of section 4 and rule 3

including the extent of development carried

out till the date of application for registration

under sub-rule (1), as per the last approved

sanctioned plan of the project and the extent

of development of common areas, amenities

etc. completed in respect of buildings along

with expected period of completion of the on-

going real estate project. The promoter shall

also disclose the original time period disclosed

to the allottees, for completion of the project

at the time of sale including the delay and the

time period within which he undertakes to

complete the pending project, which shall be

commensurate with the extent of development

already completed. The Promoter shall submit

a certificate from the practicing project

Architect certifying the percentage of

completion of construction work of each of the

building/wing of the project, a certificate from

the Engineer for the estimated balance cost

to complete the construction work of each of

the building/wing of the project, and a

certificate from a practicing Chartered

Accountant, certifying the balance amount of

receivables from the apartments/flats/

/premises sold or allotted and in respect

of which agreement have been executed and

estimated amount of receivables in respect of

unsold apartments/flats/premises calculated

at the prevailing ASR rate on the date of

certificate.

(3) (a) The Promoter shall disclose the

number of the apartments sold or allotted to

the allottees and further disclose the size of

the apartment based on carpet area even if

such apartments are sold earlier on any other

basis, such as super area, super built up area,

etc.

(b) In case of plotted development, the

promoter shall disclose the area of the plots

sold to the allottees including extent of share

of common areas and amenities, etc.

(4) The Promoter shall construct and

develop real estate project in accordance with

the sanctioned plan, and layout plans and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

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1250

specifications as approved by the Competent

Authorities:

Provided that, the promoter developing a

real estate project will be entitled to aggregate

any contiguous land parcel through

acquisition of ownership and title or by

receiving development permission, including

for re-development project and thereupon may

also obtain phase-wise approvals from the

relevant competent authorities to sanctioned

plan under applicable laws, rules and

regulations:

Provided further that the promoter shall not

advertise, market, book, sell or offer for sale

or invite persons to purchase in any manner

any plot, apartment or building in respect of

such land parcel unless he registers such

independent phase as a separate real estate

project:

Provided also that, previous written consent

of least two-third of the allottees may not be

necessary for implementation of the proposed

plans/specifications as disclosed in agreement

executed with the allottee prior to registration

or for any alterations or additions or

modifications in the sanctioned plans, layout

plans and specifications of the buildings or

common areas in the Real Estate Project

which are required to be made by promoter

in compliance of any direction or order, etc.

issued by, the competent authority or

statutory authority, under any law of the State

of Goa or Central law for the time being in

force.

5. Withdrawal of amounts deposited in

separate account.— (1) With regard to the

withdrawal of amount deposited under sub-

-clause (D) of clause (1) of sub-section (2) of

section 4, the following provisions shall apply,

namely:—

(a) for new projects which will be registered

after commencement of these Rules,—

(i) the promoter shall observe the

provisions of sub-clause (D) of clause (1) of

sub-section (2) of section 4;

(ii) for the purpose of amount to be

withdrawn from time to time by the

promoter from the separate account in

respect of each real estate project to cover

the cost of the project, the Promoter shall

submit following three certificates to the

scheduled bank operating the separate

account:—

First, from the project Architect certifying

the percentage of completion of cons-

-truction work of each of the building/wing

of the project;

Second, a certificate from the Engineer

for the actual cost incurred on the

construction work of each of the building/

/wing of the project; and

Third, a certificate from a practicing

Chartered Accountant, for the cost incurred

on construction cost and the land cost. The

practicing Chartered Accountant shall also

certify the proportion of the cost incurred

on construction and land cost to the total

estimated cost of the project. The total

estimated cost of the project multiplied by

such proportion shall determine the

maximum

amount

which

can

withdrawn by the promoter from the

separate account. The promoter shall be

required to follow the aforesaid procedure

at the time of every withdrawal from the

separate account till completion certificate

in respect of the project is obtained. On

receipt of completion Certificate in respect

of the project the entire balance amount

lying in the separate account can be

withdrawn by the promoter.

(b) For ongoing real estate projects within

the meaning of the first proviso to sub-section

(1) of section 3 of the Act, in which all

buildings or wings as per sanctioned plan

have not received occupancy certificate or the

completion certificate has not been issued;

seventy percent of the amount to be realized

from the allottees shall be deposited in such

separate account, in accordance with the

provisions of sub-clause (D) of clause (1) of

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

Provided further that, in the event where

the estimated receivables of the ongoing

project is less than the estimated cost of

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completion of the project, then 100% of the

amount to be realized from the allottees shall

be deposited in the such separate account.

Explanation I.— In ascertaining the cost of

completion of the project, the land cost shall

include,—

(a) the costs incurred by the Promoter for

acquisition of ownership and title of the land

parcels proposed for the real estate project,

including its lease charges, which shall also

include overhead cost, marketing cost, legal

cost and supervision cost;

(b) premium payable to obtain develop-

ment or redevelopment rights;

(d) premium for grant of FAR, including

additional FAR (if any), fungible FAR; and

any other instruments permissible under the

Development Control Regulations;

(e) consideration payable to the outgoing

developer to relinquish the ownership and

title rights over such land parcels;

(f) amounts payable to Government of

Goa or Competent Authority or any other

Statutory Authority of the Government of

Goa or Central Government, towards Stamp

Duty, transfer charges, registration fees,

etc.; and

(g) ASR linked premiums payable by any

Promoter as per requirement of any Law,

rules or regulations for obtaining right for

redevelopment of lands owned by Public

Authorities;

Explanation II.— Where the promoter, due

to inheritance, gift or otherwise, is not

required to incur any cost towards acquisition

of ownership and title of the land parcels

proposed for the real estate project, the cost

of land shall be reckoned on basis of the value

of the land as ascertained from the ASR

prepared under the provisions of the relevant

act, applicable on the date of registration of

the real estate project.

Explanation III.— The cost of construction

for the purpose of sub-clause (D) of clause (1)

of sub-section (2) of section 4, shall include all

such costs, incurred by the Promoter, towards

the on-site and off-site expenditure for the

development of the Real Estate project

including payment of Taxes, Fees, Charges,

Premiums, Interest etc. to any Competent

Authority or Statutory Authority of the Central

Government or Government of Goa under any

laws or rules or regulations for the time being

in force including principal sum and interest,

paid or payable to any financial institutions

including Scheduled banks or non-banking

financial companies, etc. or money-lenders for

the Real Estate Project, but shall not include

the sum which the promoter has raised and

incurred by way of loan obtained from such

banks, non-banking finance companies or

money-lenders, for the purpose of purchase

of land for the project or for obtaining the

development rights over such land.

Explanation IV.— In case of rehabilitation

scheme undertaken under any specific local

law of State of Goa or Central Government or

rules or regulations made thereunder which

requires onsite expenditures to be made

before registration of real estate project, such

as expenditure towards clearance of land

of encumbrances for temporary transit

accommodation, construction of rehabilitation

buildings and any other overhead costs

besides payment of ASR linked Premium, Fees

and Charges, Security Deposits, etc. to any

competent authority or statutory authority is

so certified by an engineer or Architect and a

Chartered Accountant in practice, then such

incurred expenditure may be included in cost

of land by the Promoter.

6. Grant or rejection of registration of the

project.— (1) Upon granting registration to any

real estate project under section 5, the

Authority shall issue to the Promoter a

Registration Certificate with a project

registration number in Form “C” hereto. The

period for which registration shall be valid

shall exclude such period where actual work

could not be carried by the promoter as per

sanctioned plan due to specific stay or

injunction orders relating to the real estate

project from any Court of law, or Tribunal,

competent authority, statutory authority, high

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power committee etc., or due to such

mitigating circumstances as may be decided

by the Authority:

Provided that, while deciding on such

mitigating circumstances, the Authority shall

give reasonable opportunity of hearing to the

allottees and such other person, who in the

opinion of the Authority, have interest in the

project.

(2) Upon the rejection of an application

under section 5, the Authority, shall inform the

applicant in Form “D” hereto as also to the

concerned competent authority or statutory

authorities:

Provided that, no application for registration

of any real estate project shall be rejected

unless the Promoter has been given adequate

opportunity of being heard in the matter by

the Authority.

7. Extension of registration of the Real

estate project.— (1) An application for

extension of the real estate project shall be

made to the Authority, in Form “E” hereto

along with an explanatory note setting out

the grounds and reasons for delay in the

completion of the real estate project and the

need for extension, along with documents

supporting such grounds and reasons:

Provided that, where extension of

registration is due to force majeure the

Authority may at its discretion waive the fee

for such extension granted to any real estate

project.

(2) The grant of extension of registration to

a real estate project, shall be in Form “F”

hereto. The Authority shall supply a copy

thereto to the Promoter and in case of rejection

of the application for extension of registration,

the authority shall, after giving to the applicant

an opportunity of being heard as provided in

the second proviso to section 6, inform the

promoter about the same, in Form “D” hereto.

The intimation thereof shall also be given to

the respective competent authority and

statutory authorities.

(3) The application for extension of Real

Estate Project shall be accompanied with fee

calculated on the area of land proposed to be

developed at the rate of rupees ten per square

meter, subject to a minimum of rupees fifty

thousand only and a maximum of rupees ten

lakhs only.

8. Revocation of Registration of the

project.— (1) Upon revocation of registration

of a project under section 7, the Authority shall

inform the promoter and the concerned

competent authority about such revocation in

Form “D” hereto.

(2) The registration granted to the promoter

under section 5 shall not be revoked unless

the Authority has given to the promoter not

less than thirty days’ notice, in writing, stating

the ground on which it proposes to revoke the

registration, and has considered any cause

shown by the promoter within the said period:

Provided that, prior to the revocation of

registration of real estate project, the

Authority shall also give notice to the

concerned competent authority which has

granted approval to the real estate project and

association of allottees (if any). In case the

association of allottees is not formed, the

Authority may in its discretion, also give notice

to the allottees, to submit their say in that

behalf. The Authority while facilitating the

remaining development works to be carried

out in accordance with the provisions of

section 8 shall also take such measures as may

be required to protect the interest/rights of

other parties who through mortgage or other

investments are interested in the real estate

project, which are disclosed by the promoter

on the Website of the Authority:

Provided further that, the Authority shall

also give adequate opportunity of being heard

to any party which through defined

instrument of debt or equity have created third

party interest in the real estate projects.

Explanation.— For the purposes of the

second proviso, the party shall include

Scheduled

Banks,

Housing

Finance

Companies, Insurance Companies, Non-

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Banking Finance Companies operating as

Asset Finance Companies, Investment

Companies, Loan Companies, Investment

Finance Companies, Infrastructure Debt

Funds, Micro-finance Institutions, Foreign

Direct Investors, Private Equity Funds and the

Real Estate Investment Trust.

9. Formation of legal entity and transfer of

title.— (1) Promoter to enable formation of

Legal Entity like an association or Society or

Co-operative Society, Company, or a

Federation under clause (e) of sub-section (4)

of section 11 of the Act,—

(i) Where such legal entity of allottees is

to be constituted for a single building not

being part of a Layout; or in case of layout

of more than one building or a wing of one

building in the layout, the Promoter shall

submit the application in that behalf to the

Registrar for registration of the Co-operative

Housing Society under the Goa Co-

-operative Societies Act, 2001 (Goa Act 36

of 2001) or to the registering authority

specified under the statute under which

such legal entity is proposed to be

registered, within three months from the

date on which atleast fifty-one per cent of

the total number of allottees in such a

building or a wing have booked their

apartment.

(ii) Where a Promoter is required to form

an Apex Body either as a federation of

separate and independent Co-operative

Housing Society or Company or any other

Legal Entity or as a Holding Company of

separate and independent Co-operative

Housing Society or company or any other

Legal Entity, then the Promoter shall submit

an application to the Registrar for

registration of the co-operative society or

the company to form and register an Apex

Body in the form of Federation or Holding

entity consisting of all such entities in the

Layout formed as per clause (i) above. Such

application shall be made within a period

of three months from the date of the receipt

of the occupancy certificate of the last of the

building which was to be constructed in the

Layout.

(iii) The allottees of the project shall

comply with the requirements specified in

the Goa Co-operative Societies Act, 2001

(Goa Act 36 of 2001) or such other statute

to enable the promoter to complete and

submit the application for registration of the

legal entity.

(iv) If the promoter fails to enable the

formation of the legal entity such as Co-

-operative Society or Company or

Association or Federation, as the case may

be, the Authority shall, by an order, direct

the Promoter to apply for formation of such

legal entity or may authorize the allottees

to apply for formation of such legal entity

independently.

(2) Promoter to convey title under section

17 of the Act,—

(i) Period for Conveyance of title, by

Promoter, to allottees in case of plots: The

promoter shall carry out conveyance within

three months from the date the allottees in

such plots have paid full consideration to

the promoter.

(ii) Period for Conveyance of title, by

Promoter, to legal entity of allottees in case

of single building project. - If no period for

conveying the title of the Promoter to the

legal entity of the allottees is agreed upon,

the Promoter shall (subject to his right to

dispose of the remaining Apartments, if any)

execute the conveyance within a period of

3 months from the date of obtaining the

occupancy certificate or fifty one percent

of the total number of allottees in such

a building or a wing, have paid full

consideration to the promoter, whichever

is earlier.

(iii) Period for conveyance of title, by

Promoter, to organization of allottees in case

of Layout.—

(a) In the case of a building or a wing

of a building in a Layout, if no period for

conveying the title of the Promoter of that

building or a wing of that building to the

legal entity of the allottees is agreed

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upon, the Promoter shall (subject to his

right to dispose of the remaining

Apartments, if any) execute the

conveyance of the structure of that

building or wing of that building

(excluding basements and podiums)

within one month from the date on which

the Co-operative society or the company

is registered or, as the case may be, the

association of the allottees is duly

constituted or within three months from

the date of issue of occupancy certificate

whichever is earlier.

(b) In the case of a layout, if no period

for conveying the title of the Promoter in

respect of the entire undivided or

inseparable

land

underneath

all

buildings/wings along with structures of

basements and Podiums constructed in

a Layout is agreed upon, the Promoter

shall execute the conveyance of the

entire undivided or inseparable land

underneath all buildings jointly or

otherwise within three months from the

date on which the Apex Body or

Federation or Holding Company is

registered or, as the case may be, the

association of the allottees is duly

constituted or within three months from

the date of issue of occupancy certificate

to the last of the building or wing in the

layout, whichever is earlier.

(3) If the promoter fails to convey the title in

accordance with sub-rule (2) above, in favour

of Co-operative Society or Company or

Association or Federation, as the case may be,

the Authority shall by an order direct the

Promoter to convey the title in favour of such

legal entity.

(4) The said legal entity shall also be entitled

to have a unilateral deemed conveyance

executed in their favour and have it registered

under applicable law in force, if any:

Provided that, after conveying the title to

the association of allottees under section 17,

the promoter shall continue to have the rights

and entitlement to advertise, market, book, sell

or offer to sell or allot to person to purchase

any apartment or building or plot which is still

not sold or allotted and shall be allowed to do

so by the association of allottees without any

restriction or entry of the building and

development of common areas:

Provided further that, in such case, the

promoter shall be permitted the entry of

premises of the building and common areas

to also discharge his obligations under sub-

-section (3) of section 14:

Provided also that, in respect of the real

estate project for which development or re-

development permissions are subject to

approvals under the provisions of specific local

laws in force, if any, the conveyance of title

shall be made by the respective authority,

within such specific period as may be

provided under the relevant law applicable to

such authority or rules or regulations framed

there under.

(5) The promoter upon receiving the

certificate of registration of the real estate

project from the Authority, obtain insurance

as provided by the Act and also in respect of

such other matters as may be notified by the

Government of Goa under section 16 and

handover relevant documents to the legal

entity alongwith conveyance of title.

10. Agreement for Sale.— (1) For the purpose

of sub-section (2) of section 13, the agreement

for sale shall be in conformity with the law in

force, and shall be in accordance with the form

of agreement at Annexure ‘A’ hereto. Nothing

in this sub-rule shall be deemed to prevent

the promoter to modify the model form of

Agreement at Annexure ‘A’ provided that such

agreement is in conformity with the provisions

of sub-section (2) of section 13 of the Act and

the rules and regulations made thereunder.

(2) Any application, allotment letter or any

other document signed by the allottee, in

respect of the apartment, plot or building, prior

to the execution and registration of the

agreement for sale for such apartment, plot

or building, as the case may be, shall not be

construed to limit the rights and interests of

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the allottee under the agreement for sale

under the Act or the rules or the regulations

made there under.

CHAPTER III

Real Estate Agent

11. Application for Registration by the real

estate agent.— (1) Every real estate agent

required to be registered as per sub-section

(2) of section 9 shall make an application in

writing, prior to engaging in any activity

relating to marketing, advertising, sale or

purchase of any apartments.

(2) The application shall be in Form ‘G’

hereto. The following documents shall also be

submitted along with the application,

namely:—

(a) brief details of his enterprise including

its name, registered address of place of

business, type of enterprise (proprietorship

firm, society, partnership, company etc.);

Registration number, PAN, Aadhar Card

No, DIN, as the case may be, under which

returns are required to be filed with

statutory authority;

(b) particulars of registration obtained

under other laws, and rules and

regulations, as the case may be, along with

the authenticated copy of partnership deed,

memorandum of association, articles of

association, etc.;

real estate agent, if an individual and of all

the partners, directors, trustees, etc.

including persons in service or assigned

work expected on a real estate agent, in case

of other entities;

(d) income-tax returns for last three

financial years preceding the application or

in case the applicant was exempted from

filing returns in any of the three years

preceding the application, a declaration to

such effect;

(e) authenticated copy of the proof of

address of the principal place of business,

number of branch offices, if any, along with

contact details including Telephone

Numbers, Fax Numbers and email address;

and

(f) details (if any) of all real estate projects

and their promoters on whose behalf he has

acted as real estate agent in preceding five

years;

(g) details of all civil or criminal cases

pending against him if an individual or any

of the partners, directors, trustees etc. in

case of other entities;

(h) authenticated copies of all letter

heads; rubber stamp images, acknowledge-

-ment receipts proposed to be used by the

real estate agent;

(i) such other information and documents,

as may be specified by regulations.

(3) (a) A fee of rupees ten thousand, in case

of applicant being an individual; and (b) a fee

of rupees one lakh, in case of the applicant

being other than an individual shall be paid

through NEFT or RTGS System or any other

digital transaction mode.

(4) The real estate agent upon being

engaged by the promoter under clause (j) of

sub-section (2) of section 4 for a real estate

project shall maintain and preserve books of

accounts, records and documents separately

for each such real estate project.

12. Grant of registration to the real estate

agent or rejection of registration.— (1) The

Authority, may, within 30 days of receipt of

application after satisfying itself of the

fulfilment of all conditions,issue a registration

certificate with a registration number in Form

‘H’ hereto to the real estate agent.

(2) In case of rejection of the application,

the Authority shall, after recording the reasons

in writing inform the applicant in Form ‘I’

hereto:

Provided that, no application for

registration of a real estate agent shall be

rejected unless the applicant has been given

an opportunity of being heard in the matter

by the Authority.

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(3) The registration granted under this rule

shall be valid for a period of five years.

Explanation.— The public authorities

established under Special/Local Laws which

may sell Apartments or Buildings or Plots

under any real estate project through Public

Lottery as per their Act or Rules or Regulations

made thereunder shall not be required to be

registered as real estate agent under these

rules.

13. Renewal of Registration of real estate

agent.— (1) A real estate agent to whom

registration has been granted under section

9 may, make an application for renewal of his

registration, at least sixty days prior to the

expiry of the registration. The application shall

be in Form ‘J’ hereto and shall be

accompanied with the same fees as are

applicable in case of new registration, under

these rules.

(2) The real estate agent shall also submit

all the updated documents set out in clauses

(a) to (i) of sub-rule (2) of rule 11 at the time of

application for renewal. In case of renewal of

registration, the authority shall inform the real

estate agent about the same in Form ‘K’ hereto

and in case of rejection of the application for

renewal of registration the authority shall

inform the real estate agent in Form ‘I’

h e r e t o :

Provided that, no application for renewal

of registration shall be rejected unless the

applicant has been given an opportunity of

being heard in the matter.

(3) The renewal of registration of the real

estate agent shall be granted provided that

the real estate agent continues to comply with

the provisions of the Act and the rules and

regulations made thereunder.

(4) The renewal granted of registration to

a real estate agent under this rule shall also

be valid for a period of five years from the date

of its renewal.

14. Obligations of registered real estate

agents.— (1) Every registered real estate

agent shall prominently display number of his

Registration Certificate at the principal place

of business and at its branch offices.

(2) Every registered real estate agent shall

quote his number of registration on all the

documents relating to advertisement,

marketing, selling or purchase issued by the

real estate agent along with the number of

registration certificate of the real estate

project.

15. Revocation of Registration of real estate

agent.— (1) Where any real estate agent who

has been granted registration certificate

number commits breach of any terms and

conditions specified therein or the provisions

of the Act or rules and regulations made

thereunder, or where the Authority is satisfied

that such registration has been secured by the

real estate agent through misrepresentation

or fraud, the Authority may, without prejudice

to any other action under the law, either suo-

motu or on an application or complaint from

the promoter or allottee, revoke the

registration or suspend the same for such

period as the Authority thinks fit and inform

all the promoters:

Provided that, no such revocation or

suspension of registration shall be made by

the Authority unless an opportunity of being

heard has been given to the real estate agent.

(2) Where the Authority revokes the

registration it shall intimate about the same

to the concerned real estate agent in Form ‘I’

hereto:

Provided that, on the revocation of the

registration by the Authority of any real estate

agent; fresh application for grant of

registration cannot be made again within a

period of six months by such real estate agent.

16. Maintenance and preservation and

production of books of accounts, records and

documents.— Every registered real estate

agent shall maintain and preserve such books

of accounts, records and documents as he

may be required in accordance with the

provisions of the Income Tax Act, 1961 or the

Companies Act, 2013 ( Central Act 18 of 2013)

or under any other law applicable for the time

being in force or rules and regulations framed

thereunder and will be required to produce

them for inspection if so needed for grant or

renewal of the registration.

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17. Other functions of a real estate agent.—

(1)The real estate agent shall provide

assistance to enable the allottee and promoter

of each real estate project, to exercise their

respective rights and fulfil their respective

obligations at the time of marketing and selling,

purchase and sale of any plot, apartment or

building, as the case may be.

(2) The real estate agent shall not involve

himself in any unfair trade practices,

namely:—

(i) making any statement, whether orally

or in writing or by visible representation

which—

(a) falsely or knowingly represents that

services or amenities are of a particular

standard or grade;

(b) represents that the Promoter or

himself has approval or affiliation which

such promoter or himself does not have;

representation concerning the services

which the promoter does not have;

(ii) permitting the publication of any

advertisement whether in any newspaper

or other media, of services that are not

intended to be offered by the promoter.

(3) The real estate agent shall,—

(i) facilitate the possession of all the

information and documents, as the allottee, is

entitled to, at the time of booking of any plot,

apartment or building as the case may be.

(ii) discharge such other functions as

specified by the regulations of the Authority.

CHAPTER IV

Rate of interest payable by promoter and allottee

and timelines for refund

18. Rate of interest payable by the promoter

and the allottee.— The rate of interest payable

by the promoters to the allottees or by

the allottees to the promoters, as the case may

be, shall be the State Bank of India highest

Marginal Cost of Lending Rate plus two

percent:

Provided that in case the State Bank of India

Marginal Cost of Lending Rate is not in use it

would be replaced by such benchmark

lending rates which the State Bank of India

may fix from time to time for lending to the

general public.

19. Timelines for refund.— The refund of any

amount which is payable by the promoters to

allottees along with the applicable interest and

compensation, if any, under the Act or the

Rules and Regulations, shall be made by the

Promoter to the allottee within thirty days from

the date on which such refund along with

applicable Interest and Compensation,

becomes due and payable to the allottee:

Provided that, every instance thereof

shall be reported by the concerned promoters

within thirty days to the Authority.

CHAPTER V

Details to be published on the website of authority

20. Details to be published on the website

regarding real estate projects.— (1) For the

purpose of clause (b) of section 34, the

Authority shall ensure that all the disclosures

made by the promoters to the authority with

regard to the Real Estate project for which

registration has been given, shall be made

available on its website, except for the

following:

(i) Details provided under clauses (b),

(e), (g), (h), (i) and (l) of sub-section (2) of

Section 4;

(ii) Details provided under sub-rule (2) of

rule 3 of these Rules.

(2) The exceptions under sub-rule (1) shall

not apply to promoters who shall, in

accordance with sub-section (1) of section 11,

enter all details of the proposed project as

provided under sub-section (2) of section 4 of

the Act and under sub-rule (2) of rule 3, in all

the fields as provided, for public viewing in

the web page created on the web site of the

Authority. The authority shall ensure that such

information is updated at the interval of every

quarter.

21. Details to be published on the website

regarding real estate agents.— For the purpose

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of clause (d) of section 34, the Authority shall

ensure that the following information shall be

made available on its website in respect of

each real estate agent registered with it or

whose application for registration has been

rejected or revoked:—

(a) For real estate agents registered with

the Authority:

(i) registration number and the period

of validity of the registration of the real

estate agent with the regulatory

authority;

(ii) brief details of his enterprise

including its name, registered address,

type of enterprise (proprietorship, society,

partnership, company, etc.);

(iii) particulars of registration including

the

bye-laws,

memorandum

association, articles of association, etc.,

as the case may be;

(iv) photograph of the real estate agent

if it is an individual and the photographs

of the partners, directors, etc. in case of

other persons;

(v) authenticated copy of the address

proof of the place of business and the

contact address, contact numbers and

email-ids of the real estate agent and

other officials responsible.

(b) In case of applicants whose

application for registration as a real estate

agent have been rejected or real estate

agents whose registration has been

revoked by the Authority:

(i) registration number and the period

of validity of the registration of the real

estate agent with the Authority;

(ii) brief details of his enterprise

including its name, registered address,

type of enterprise (proprietorship, society,

partnership, company etc.);

(iii) photograph of the real estate agent

if it is an individual and the photographs

of the partners, directors, etc. in case of

other persons.

as the authority may, from time to time,

require the promoter to submit in

accordance with the regulations.

22. Obligation of the Authority to ensure

cyber security of its website.— The Authority

shall ensure adequate measure to ensure

cyber security of its Website a back-up, in

digital form, of the contents of its Website in

terms of this rule, and ensure that such back-

up is updated on the last day of every month.

The Authority shall maintain and update its

Website and observe provisions of the

Information Technology Act, 2000 (Central Act

21 of 2000) and Right to Information Act, 2005

(Central Act 22 of 2005).

CHAPTER VI

Miscellaneous

23. Application of other laws not barred.—

Nothing in these rules or the regulations of the

Authority shall be construed to be in

derogation of the provisions of any other laws

and rules and regulations made thereunder.

FORM ‘A’

[See rule 3(3)]

Application for Registration of Project

To,

The Goa Real Estate Regulatory Authority

______________________________

Sir,

I/We hereby apply for the grant of registration of

my/our project to be set up at ____________________

Tehsil/District/City situated in State of Goa.

1. The requisite particulars are as under:

(i) Status of the applicant, whether individual/

/company/proprietorship firm/societies/partnership

firm/competent authority;

(ii) In case of individual—

(a) Name

(b) Father’s Name

(d) Permanent address

(e) Photograph

(f) Contact Details (Phone number, mobile

number, E-mail, Fax number etc.) OR

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

liability partnership/competent authority

(a) Name

(b) Address

(d) Main objects

(e) Name, photograph and address of

chairman of the governing body/partners/

directors etc.

(f) Contact Details (Phone number, mobile

number, E-mail, Fax number etc.)

(iii) PAN No. _________;

(iv) Name and address of the bank or banker

with which account in terms of section 4 (2)(1)(D)

of the Act will be maintained __________;

(v) Details of project land held by the applicant

____________;

(vi) brief details of the projects launched by

the promoter in the last five years, whether

already completed or being developed, as the case

may be, including the current status of the said

projects, any delays in completion, details of cases

pending, details of type of land and payments

pending etc.______________________

(vii) Agency to take up external development

works ___________________(Local Authority/Self

Development);

(viii) Registration fee for an amount of

Rs.________________________/- calculated as

per sub-rule (5) of rule 3;

(ix) Any other information the applicant may

like to furnish.

2. I/we enclose the following documents in

triplicate, namely:—

(i) authenticated copy of the PAN card of the

promoter and a letter of authority or Board

Resolution, in case the promoter not being an

individual;

(ii) estimated cost of Real Estate project as

defined in section 2 (v) of the Act;

(iii) copy of the legal title report reflecting the

flow of title of the promoter to the land on which

development is proposed to be developed with

authentication of such title, if such land is owned

by another person;

(iv) the details of encumbrances on the land

on which development is proposed including

any rights, title, interest, dues, litigation, details

relating to mortgage/charge created for the

project land for the facility taken by the applicant

or any third party and name of any party in or

over such land or no encumbrance certificate from

an advocate having experience of ten years or

from revenue authority not below the rank of

Tehsildar, as the case may be;

(v) where the promoter is not the owner of the

land on which development is proposed, 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, reflecting

the consent of the owner of the land and

authenticated copies of title report reflecting the

title of such owner, on the land proposed to be

developed;

(vi) an authenticated copy of the approvals and

commencement certificate from the competent

authority obtained in accordance with the laws

as may be applicable for the real estate project

mentioned in the application, and where the

project is proposed to be developed in phases, an

authenticated copy of the approvals and

commencement certificate from the competent

authority for each of such phases;

(vii) the sanctioned plan, layout plan and

specifications of the proposed project or the phase

thereof, and the whole project as sanctioned by

the competent authority;

(viii) the plan of development works to be

executed in the proposed project and the

proposed facilities to be provided thereof

including fire-fighting facilities, drinking water

facilities, emergency evacuation services, use of

renewable energy;

(ix) the location details of the project, with

clear demarcation of land dedicated for the said

project along with its boundaries including the

latitude and longitude of the end points of the

project;

(x) the proposed plan, proposed layout plan

and specifications of the proposed project or

the phase thereof, and the whole project as

sanctioned by the competent authority;

(xi) Proposed Floor Space Index to be consumed

and sanctioned Floor Space Index. In case the

sanctioned Floor Space Index is different than

what is proposed to be consumed by the promoter

from time to time, then the proposed Floor Space

Index shall be disclosed at the time of registration

and as and when the Floor Space Index is

sanctioned, the same shall be uploaded on the

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website of the Authority by the Promoter from

time to time.

(xii) Proposed Number of building(s) or wing(s)

to be constructed and sanctioned number of the

building(s) or wing(s). In case the sanctioned

Number of building(s) or wing(s) is different than

what is proposed to be constructed by the

promoter, then the proposed Number building(s)

or wig(s) shall be disclosed at the time of

registration and as and when the Additional

Number of building(s) or wing(s) are sanctioned,

the same shall be uploaded on the website of the

Authority by the Promoter from time to time.

(xiii) Proposed Number of Floors in respect of

each of the building or wing to be constructed

and sanctioned Number of Floors in respect of

each of the building or wing. In case the

sanctioned Number of Floors is different than what

is proposed to be constructed by the promoter,

then the proposed Number of Floors shall be

disclosed at the time of registration and as and

when the Additional Number of Floors are

sanctioned, the same shall be uploaded on the

website of the Authority by the Promoter from

time to time.

(xiv) Aggregate area in square meters of the

recreation open space.

(xv) the plan of proposed development works

to be executed in the proposed project and the

proposed facilities to be provided thereof

including fire fighting facilities, drinking water

facilities, emergency evacuation services, use of

renewable energy, the particulars in respect of

Architecture and Design Standards, Type of

Construction Technology, Earthquake Resistant

Measures and the like, to be adopted for Buildings

and for Common Areas and of amenities/facilities

in the Layout Plan of the real estate project;

(xvi) proforma of the allotment letter and

agreement for sale, to be signed with the allottees

and the conveyance deed proposed to be signed

with the nature of organisation of allottees to be

constituted namely societies/federation/common

organization of allottees/federation of common

organization;

(xvii) the number, type and the carpet area of

apartments for sale in the proposed project along

with the area of the exclusive balcony or verandah

areas and the exclusive open terrace areas

apartment with the apartment, if any;

(xviii) the number and areas of garage for sale

in the proposed project to be provided at

basements, stilts podium or independent

structure or parking provided by mechanised

parking arrangement;

(xix) the number of covered or open parking

areas in the real estate project;

(xx) the names and addresses of his real estate

agents, if any, for the proposed project;

(xxi) the names and addresses of the

contractors, architect, structural engineer, if

any and other persons concerned with the

development of the proposed project;

(xxii) a declaration in Form ‘B’.

(xxiii) For ongoing project the Promoter shall

submit a certificate from the project Architect

certifying the percentage of completion of

construction work of each of the building/wing

of the project, a certificate from the Engineer for

the estimated balance cost to complete the

construction work of each of the building/wing

of the project, and a certificate from a practicing

Chartered Accountant, for the estimated balance

cost to complete the project. The promoter shall

submit a certificate from a practicing Chartered

Accountant, certifying the balance amount of

receivables from the apartments/flat/premises

sold or allotted and in respect of which agreement

have been executed and estimated amount of

receivables in respect of unsold apartments/flats/

/premises calculated at the prevailing ASR rate

on the date of certificate.

(xxiv) The Promoter shall disclose all details of

ongoing real estate project as required under sub-

-section (2) of section 4 and Rule 3 including the

extent of development carried out till date as per

the last approved sanctioned plan of the project

and the extent of development of common areas,

Amenities etc. completed in respect of Buildings

along with expected period of completion of the

on-going real estate project. The promoter shall

also disclose the original time period disclosed to

the allottees, for completion of the project at the

time of sale including the delay and the time

period within which he undertakes to complete

the pending project, which shall be

commensurate with the extent of development

already completed.

(xxv) For ongoing projects, the Promoter shall

disclose the number of the apartments sold or

allotted to the allottees and further disclose the

size of the apartment based on carpet area even if

earlier sold on any other basis such as super area,

super built up area etc. which shall not affect the

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validity of the agreement entered into between

the promoter and the allottee to that extent.

(xxvi) In case the promoter has created third

party interests in respect of the real estate project,

the names and addresses of such persons in

whose favour such interests have been created.

3. I/We solemnly affirm and declare that the

particulars given in herein are correct to my/our

knowledge and belief.

Dated:

Place:

Yours faithfully,

Signature and seal (if any) of the applicant(s)

_____

FORM ‘B’

[See rule 3(6)]

Declaration, supported by an affidavit, which shall

be signed by the promoter or any person authorized

by the promoter

(To be submitted in stamp paper of value not less

than Rs. 500/-)

Affidavit cum Declaration

Affidavit cum Declaration of Mr./Ms.—————

promoter of the proposed project/duly authorized

by the promoter of the proposed project, vide its/

/his/their authorization dated; I, promoter of the

proposed project/duly authorized by the promoter

of the proposed project do hereby solemnly declare,

undertake and state as under:

1. That I/promoter have/has a legal title Report to

the land on which the development of the project is

proposed

have/has a legal title Report to the land on which

the development of the proposed project is to be

carried out

AND

a legally valid authentication of title of such land

along with an authenticated copy of the agreement

between such owner and promoter for development

of the real estate project is enclosed herewith.

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

That details of encumbrances including dues and

litigation, details of any rights, title, interest or name

of any party in or over such land, along with details.

3. That the time period within which the project

shall be completed by me/promoter from the date of

registration of project;

4. (a) For new projects: That seventy per cent of

the amounts realised by me/promoter for the real

estate project from the allottees, from time to time,

shall be deposited in a separate account to be

maintained in a scheduled bank to cover the cost of

construction and the land cost and shall be used

only for that purpose.

(b) For ongoing project on the date of

commencement of the Act

(i) That seventy per cent of the amounts to be

realised hereinafter by me/promoter for the real

estate project from the allottees, from time to time,

shall be deposited in a separate account to be

maintained in a scheduled bank to cover the cost

of construction and the land cost and shall be

used only for that purpose.

(ii) That entire of the amounts to be realised

hereinafter by me/promoter for the real estate

project from the allottees, from time to time, shall

be deposited in a separate account to be

maintained in a scheduled bank to cover the cost

of construction and the land cost and shall be

used only for that purpose, since the estimated

receivable of the project is less than the estimated

cost of completion of the project.

5. That the amounts from the separate account

shall be withdrawn in accordance with Rule 5.

6. That I/the promoter shall get the accounts

audited within six months after the end of every

financial year by a practicing Chartered Accountant,

and shall produce a statement of accounts duly

certified and signed by such practicing Chartered

Accountant, and it shall be verified during the audit

that the amounts collected for a particular project

have been utilised for the project and the withdrawal

has been in compliance with the proportion to the

percentage of completion of the project.

7. That I/the promoter shall take all the pending

approvals on time, from the competent authorities.

8. That I/the promoter shall inform the Authority

regarding all the changes that have occurred in the

information furnished under sub-section (2) of

section 4 of the Act and under rule 3 of these rules,

within seven days of the said changes occurring.

9. That I/the promoter have/has furnished such

other documents as have been prescribed by the

rules and regulations made under the Act.

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10. That I/the promoter shall not discriminate

against any allottee at the time of allotment of any

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

Deponent

Verification

The contents of my above Affidavit cum

Declaration are true and correct and nothing

material has been concealed by me therefrom.

Verified by me at on this day of.

Deponent

_____

FORM ‘C’

[See rule 6(1)]

Registration Certificate of Project

This registration is granted under section 5 of

the Act to the following project under project

registration number:

(Specify Details of Project including the project

address);

1. (in the case of an individual) Mr./Ms. son of

Mr./Ms. Tehsil District/City situated in State of Goa;

OR (in the case of a firm/society/company/

/competent authority) firm/society/company/

/competent authority having its registered office/

/principal place of business at.

2. This registration is granted subject to the

following conditions, namely:—

(i) The promoter shall enter into an agreement

for sale with the allottees;

(ii) The promoter shall execute and register a

conveyance deed in favour of the allottee or the

association of the allottees, as the case may be, of

the apartment or the common areas as per Rule 9;

(iii) The promoter shall deposit seventy percent

of the amounts realised by the promoter in a

separate account to be maintained in a schedule

bank to cover the cost of construction and the

land cost to be used only for that purpose as per

sub-clause (D) of clause (1) of sub-section (2) of

section 4 read with Rule 5;

That entire of the amounts to be realised

hereinafter by me/promoter for the real estate

project from the allottees, from time to time, shall

be deposited in a separate account to be

maintained in a scheduled bank to cover the cost

of construction and the land cost and shall be

used only for that purpose, since the estimated

receivable of the project is less than the estimated

cost of completion of the project.

(iv) The Registration shall be valid for a period

of years commencing from and ending with unless

renewed by the Goa Real Estate Regulatory

Authority in accordance with section 5 of the Act

read with rule 6;

(v) The promoter shall comply with the

provisions of the Act and the rules and regulations

made there under;

(vi) That the promoter shall take all the pending

approvals from the competent authorities.

3. If the above mentioned conditions are not

fulfilled by the promoter, the Authority may take

necessary action against the promoter including

revoking the registration granted herein, as per the

Act and the rules and regulations made there under.

Dated:

Place:

Signature and seal of the Authorized Officer

Goa Real Estate Regulatory Authority

_____

FORM ‘D’

[See Rule 6(2), Rule 7(2); Rule 8(1)]

Intimation of rejection of application for registration

of project/rejection of application for extension

of registration of project/revocation of

registration of project

From:

The Goa Real Estate Regulatory Authority,

________________________________

_________________________________

Application/Registration No.: _______________

Dated: _________________

You are hereby informed that your application for

registration of your project is rejected. OR

You are hereby informed that your application for

extension of the registration of your project is

rejected. OR

You are hereby informed that the registration

granted to your project is hereby revoked for the

reasons set out below

(state the reasons here)

Place:

Dated:

Signature and seal of the Authorized Officer

Goa Real Estate Regulatory Authority

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FORM ‘E’

[See rule 7(1)]

Application for extension of registration of project

From:

____________________________

The Goa Real Estate Regulatory Authority,

_____________________________

Sir,

I/We hereby apply for extension of registration

of the following project: ________________________

registered with the regulatory authority vide

project registration certificate bearing No. which

expires on ____________.

As required I/we submit the following documents

and information, namely:—

(i) Rupees _____ as fees for extension as

provided under sub-rule (3) of rule 7;

(ii) Authenticated copy of proposed Plan of the

project showing the stage of development works

undertaken till date;

(iii) Explanatory note regarding the state of

development works in the project and reason

for not completing the development works in

the project within the period declared in the

declaration submitted in Form ‘B’ at the time of

making application for the registration of the

project:

(state the reasons here);

(iv) Authenticated copy of the permission/

/approval from the competent authority which is

valid for a period which is longer than the

proposed term of extension of the registration

sought from the regulatory authority; (i) The

original project registration certificate; and (ii)

Any other information as may be specified by

regulations.

Place:

Dated:

Yours faithfully,

Signature and seal (if any) of the applicant(s)

FORM ‘F’

[See rule 7(2)]

Certificate for extension of registration of project

This extension of registration is granted under

section 7 of the Act, to the following project:

__________________________________ registered

with the regulatory authority vide project

registration certificate bearing No.__________ of

1. (in the case of an individual) Mr./Ms. son of Mr./

/Ms.____________________________Tehsil_______

District _____ /City situated in State of Goa; OR (in

the case of a firm/society/company/competent

authority) firm/society/company/competent

authority having its registered office/principal place

of business at.

2. This renewal of registration is granted subject

to the following conditions, namely:—

(i) The promoter shall execute and register a

conveyance deed in favour of the allottee or the

association of the allottees, as the case may be, of

the apartment or the common areas as per sub-

rule (2) of rule 9;

(ii) The promoter shall deposit seventy percent

of the amounts realised by the promoter in a

separate account to be maintained in a schedule

bank to cover the cost of construction and the

land cost to be used only for that purpose as per

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

section 4 read with Rule 5; OR

(ii) That entire of the amounts to be realised

hereinafter by me/promoter for the real estate

project from the allottees, from time to time, shall

be deposited in a separate account to be

maintained in a scheduled bank to cover the cost

of construction and the land cost and shall be

used only for that purpose, since the estimated

receivable of the project is less than the estimated

cost of completion of the project.

(iii) The registration shall be valid for a period

of years commencing from and ending with unless

renewed by the Goa Real Estate Regulatory

Authority in accordance with section 6 read with

rule 7 of the Act;

(iv) The promoter shall comply with the

provisions of the Act and the rules and regulations

made there under;

(v) That the promoter shall take all the pending

approvals from the competent authorities

(vi) If the above mentioned conditions are not

fulfilled by the promoter, the regulatory authority

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may take necessary action against the promoter

including revoking the registration granted

herein, as per the Act and the rules and

regulations made there under.

Dated:

Place:

Signature and seal of the Authorized Officer

Goa Real Estate Regulatory Authority

_____

FORM ‘G’

[See rule 11(2)]

Application for registration of real estate agent

The Goa Real Estate Regulatory Authority

____________________

Sir,

I/We apply for the grant of registration as a real

estate agent to facilitate the sale or purchase of any

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

real estate projects registered in the _________ State

of Goa in terms and the rules and regulations made

there under,

1. (in the case of an individual) Mr./Ms. __________

son of Mr./Ms. _________________Tehsil__________

District__________________ State_______________;

(in the case of a firm/society/company)

_________________________________ firm/society/

/company __________________having its registered

office/principal place of business at ______________.

2. The requisite particulars are as under:

(i) Status of the applicant, whether individual/

/company/proprietorship

firm/societies/

/partnership firm/limited liability partnership;

(ii) In case of individual—

(a) Name

(b) Father’s Name

(d) Permanent address

(e) Photograph

In case of firm/societies/companies

(a) Name

(b) Address

(d) Major activities

(e) Name, photograph and address of

partners/directors etc.

(iii) particulars of registration including the

bye-laws, memorandum of association, articles of

association etc. as the case may be;

(iv) authenticated copy of the address proof of

the place of business, number of branch offices if

any along with contact details including Telephone

Numbers, Fax numbers and e-mail address;

(v) details of registration in any other State or

Union territory;

(vi) particulars of registration obtained under

other laws, and rules and regulations, as the case

may be, along with the authenticated copies of

partnership deeds, memorandum of association,

article of association etc.

(vii) colour photographs of the real estate

agent, if an individual and of all the partners,

directors, trustees, etc. including persons in

service or assigned work expected on the real

estate agent, in case of other entities;

(viii) income tax returns for last three financial

years preceding the application or in case the

applicant was exempted from filing returns in any

of the three years preceding the application, a

declaration to such effect;

(ix) details (if any) of all real estate projects and

their promoters on whose behalf he has acted as

real estate agent in preceding 5 years;

(x) details of civil and criminal cases pending

against him if an individual or any of the partners,

directors, trustees etc. in case of other entities;

(xi) self-certified copies of all letter heads,

rubber stamp images, acknowledgement receipts

proposed to be used by the real estate agent;

(xii) such other information as may be specified

by through regulations of the Authority.

(xiii) whether the registration of the applicant

has, at any time been revoked or suspended by

the Authority ? If so, the details thereof. In case

the applicant was a director or manager of a body

corporate- State whether the registration of such

body corporate has been revoked or suspended

at any time.

(xiv) any other information the applicant may

like to furnish.

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3. I/we enclose the following documents along

with, namely:—

(i) Rs. _____as registration fee as per sub-rule

(3) of rule 11;

(ii) authenticated copy of the PAN card of the

real estate agent; and

(iii) authenticated copy of the registration as a

real estate agent in any other State or Union

territory, if applicable;

4. I/we solemnly affirm and declare that the

particulars given in herein are correct to my/our

knowledge and belief.

Dated:

Place:

Yours faithfully,

Signature and seal (if any) of the applicant(s)

_____

FORM ‘H’

[See rule 12(1)]

Registration certificate of real estate agent

1. This registration is granted under section 9 with

registration certificate bearing No. ___________ to

(in the case of an individual) Mr./Ms. ______________

son of Mr./Ms.__________________ Tehsil_________

District _________________ State _______________;

(in the case of a firm/society/company) ________

firm/society/company _______ having its registered

office/principal place of business at _________. to

act as a real estate agent to facilitate the sale or

purchase of any plot, apartment or building, as the

case may be, in real estate projects registered in the

_________ State of Goa in terms and the rules and

regulations made there under,

2. This registration is granted subject to the

following conditions, namely:—

(i) The real estate agent shall not facilitate the

sale or purchase of any plot, apartment or

building, as the case may be, in a real estate

project or part of it, being sold by the promoter

which is required but not registered with the

regulatory authority;

(ii) The real estate agent shall maintain and

preserve such books of account, records and

documents as provided under rule 16;

(iii) The real estate agent shall not involve

himself in any unfair trade practices as specified

under clause (c) of section 10 read with Rule 17;

(iv) The real estate agent shall provide

assistance to enable the allottee and promoter to

exercise their respective rights and fulfill their

respective obligations at the time of booking and

sale of any plot, apartment or building, as the case

may be.

(v) The real estate agent shall comply with the

provisions and the rules and regulations made

there under;

(vi) The real estate agent shall discharge such

other functions as may be specified by the

regulatory authority by regulations;

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

commencing from ___________________ and ending

with________________________ unless renewed by

the regulatory authority in accordance with the

provisions or the rules and regulations made there

under.

4. If the above mentioned conditions are not

fulfilled by the real estate agent, the regulatory

authority may take necessary action against the real

estate agent including revoking the registration

granted herein, as per the Act and the rules and

regulations made there under.

Dated:

Place:

Signature and seal of the Authorized Officer

Goa Real Estate Regulatory Authority

_____

FORM ‘I’

[See rule 12(2), 13(2), 15(2)]

Intimation of rejection of application for registration of

real estate agent/rejection of application for renewal

of registration of real estate agent/revocation of

registration of real estate agent

From:

The Goa Real Estate Regulatory Authority

____________________

_______________________

Application/Registration No.: _______________

Dated: ________________

You are hereby informed that your application for

registration as real estate agent is rejected. OR You

are hereby informed that your application for the

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renewal of the registration as real estate agent is

rejected. OR You are hereby informed that the

registration granted to you as real estate agent is

hereby revoked for the reasons set out:

___________________________________________________

Place:

Dated:

Signature and seal of the Authorized Officer

Goa Real Estate Regulatory Authority

_____

FORM ‘J’

[See rule 13(1)]

Application for renewal of registration of

Real Estate Agent

From:

____________________________

The Goa Real Estate Regulatory Authority,

____________________________

Sir,

I/we apply for renewal my/our registration as a

real estate agent under registration certificate

bearing No. ______, which expires on ____________.

As required I/we submit the following documents

and information, namely:

(i) Rupees ______ as renewal fee;

(ii) The original registration certificate; and

(iii) Status of the applicant, whether individual/

/company/proprietorship

firm/societies/

/partnership firm/limited liability partnership;

(iv) In case of individual –

(a) Name

(b) Father’s Name

(d) Permanent address

(e) Photograph

In case of firm/societies/companies

(a) Name

(b) Address

(d) Major activities

(e) Name, photograph and address of

partners/directors

(v) income tax returns filed under the

provisions of the Income Tax Act, 1961 for three

financial years preceding the application or in

case the applicant was exempted from filing

returns under the provisions of the Income Tax

Act, 1961 for any of the three years preceding the

application, a declaration to such effect;

(vi) particulars of registration including the

bye-laws, memorandum of association, articles of

association etc. as the case may be;

(vii) authenticated copy of the address proof of

the place of business;

(viii) Details of registration in any other State

or Union territory;

(ix) Any other information as specified by

regulations.

Dated:

Place:

Yours faithfully,

Signature and seal (if any) of the applicant(s)

_____

FORM ‘K’

[See rule 13(2)]

Renewal of Registration of Real Estate Agent

1. This renewal of registration is granted under

section 9 to (in the case of an individual) Mr./Ms.

______________ son of Mr./Ms.__________________

Tehsil_________ District _________________ State

_______________;

(in the case of a firm/society/company) _________

firm/society/company __________________having

its registered office/principal place of business

at ______________ in continuation to registration

certificate bearing No. ____________, of __________.

2. This renewal of registration is granted subject

to the following conditions, namely:—

(i) The real estate agent shall not facilitate the

sale or purchase of any plot, apartment or

building, as the case may be, in a real estate

project or part of it, being sold by the promoter

which is required but not registered with the

regulatory authority;

(ii) The real estate agent shall maintain and

preserve such books of account, records and

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documents as provided under rule 16;

(iii) The real estate agent shall not involve

himself in any unfair trade practices as specified

under clause (c) of section 10 read with Rule 17;

(iv) The real estate agent shall facilitate the

possession of all documents, as the allottee is

entitled to, at the time of booking of any plot,

apartment or building, as the case may be.

(v) The real estate agent shall provide

assistance to enable the allottee and promoter to

exercise their respective rights and fulfill their

respective obligations at the time of booking and

sale of any plot, apartment or building, as the case

may be.

(vi) The real estate agent shall comply with the

provisions and the rules and regulations made

there under;

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

commencing from ___________________ and ending

with________________________ unless renewed by

the regulatory authority in accordance with the

provisions or the rules and regulations made there

under.

4. If the above mentioned conditions are not

fulfilled by the real estate agent, the regulatory

authority may take necessary action against the real

estate agent including revoking the registration

granted herein, as per the Act and the rules and

regulations made there under.

Dated:

Place:

Signature and seal of the Authorized Officer

Goa Real Estate Regulatory Authority

_____

Annexure ‘A’

Model Form of Agreement to be entered into

between Promoter and Allottee(s)

[See rule 10(1)]

Explanatory note

This is a model form of Agreement, which may be

modified and adapted in each case having regard to

the facts and circumstances of respective case but

in any event, matter and substance mentioned in

those clauses, which are in accordance with the

statute and mandatory according to the provisions

of the Act shall be retained in each and every

Agreement executed between the Promoter and

Allottee. Any clause in this agreement found

contrary to or inconsistent with any provisions of

the Act, Rules and Regulations would be void

ab-initio.

Model Form of Agreement

This Agreement made at...........this........day of..........

in the year Two Thousand and ..................... between

..................having address at .............hereinafter

referred to as “the Promoter of the One Part and

( ........................) having address at ...................

hereinafter referred to as “the Allottee” ( .....................)

of the Other Part.

Whereas by an Agreement/Conveyance dated

...........................day of ...................20....... and executed

between ...................... of the One Part (hereinafter

referred to as “ the Vendor”) and the Promoter of the

Other Part, the Vendor agreed with the Promoter for

the absolute sale to the Promoter/sold absolutely to

the Promoter an immovable property being piece or

parcel of freehold land bearing Survey No. ….......…….

lying and being survey No. at ................................. in

the Registration sub-district of ............................

admeasuring .......................... sq. mts. or thereabouts

more particularly described in the First Schedule

hereunder written (hereinafter referred to as “the

project land”).

Whereas by and under a Lease/an Agreement for

Lease dated the ................ day of .................20....... made

between .......... of the One Part (hereinafter referred

to as “the Lessor”) and the Promoter of the Other

Part, the Lessor agreed to grant unto the Promoter a

lease in perpetuity/for a term of ....... years in respect

of a piece or parcel of leasehold land bearing situate

at ............., admeasuring........sq.m. or thereabouts more

particularly described in the First Schedule

hereunder written (hereinafter referred to as “ the

project land”) at a rent of Rs. ................... per annum/

month and on the terms and conditions contained

in the said Lease Deed/Agreement for Lease.

And whereas the lease Deed/Agreement for

Lease, is with the benefit and right to construct any

new building/s if so permitted by the concerned local

authority.

Whereas by an Agreement dated ...............day of

20......./Power of Attorney dated ............. executed

between Shri............... ( hereinafter referred to as “the

Original Owner”) of the One Part and the Promoter

of the Other Part (hereinafter referred to as “the

Development Agreement”), the Original Owner

granted to the Promoter development rights to the

piece or parcel of freehold land lying and being

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at ...................... in the Registration Sub-District of

...................... admeasuring ........................ sq. mts., or

thereabouts more particularly described in the First

Schedule therein as well as in the First Schedule

hereunder written (hereinafter referred to as “the

project land’) and to construct thereon building/s in

accordance with the terms and conditions contained

in the Development Agreement/Power of Attorney;

(Give Complete Recital of the Title of the Promoter

to the plot on which promoter proposes to construct

and sale the Apartment)

AND

(Also specify

(i) Any covenants affecting the said property.

(ii) Any impediments attached to the said

property.

(iii) Number and Area occupied by Tenants and

how they are proposed to be settled so as to have

clear possession of the said property.

(iv) Details of illegal encroachment on the said

property.

(v) Any permission (if any) required from any

Government or Authority which affects the title

to the property and details of all such required

permissions obtained.

(vi) Details of mortgage or lien or charge on the

said property.)

And whereas the Promoters are entitled and

enjoined upon to construct buildings on the project

land in accordance with the recitals hereinabove;

And whereas the Vendor/Lessor/Original Owner/

/Promoter is in possession of the project land

And whereas the Promoter has proposed to

construct on the project land (here specify number

of buildings and wings thereof) .............. having

_____________(here specify number of Basements/

/podiums/stilt and upper floors)

And whereas the Allottee is offered an Apartment

bearing number _____ on the ____ floor ( hereinafter

referred to as the said “Apartment”) in the _____

wing of the Building called ______ (hereinafter

referred to as the said “Building”) being constructed

in the _____phase of the said project, by the Promoter

And whereas the Promoter has entered into a

standard Agreement with an Architect registered

with the Council of Architects and such Agreement

is as per the Agreement prescribed by the Council

of Architects; And whereas the Promoter has

registered the Project under the provisions of the

Act with the Real Estate Regulatory Authority

at _______________ no ___________; authenticated

copy is attached in Annexure ‘F’;

And whereas the Promoter has appointed a

structural Engineer for the preparation of the

structural design and drawings of the buildings and

the Promoter accepts the professional supervision

of the Architect and the structural Engineer till the

completion of the building/buildings.

And whereas by virtue of the Development

Agreement/Power of Attorney the Promoter has sole

and exclusive right to sell the Apartments in the

said building/s to be constructed by the Promoter

on the project land and to enter into Agreement/s

with the allottee(s)/s of the Apartments to receive

the sale consideration in respect thereof;

And whereas on demand from the allottee, the

Promoter has given inspection to the Allottee of all

the documents of title relating to the project land

and the plans, designs and specifications prepared

by the Promoter’s Architects Messrs.................................

and of such other documents as are specified under

the Real Estate (Regulation and Development) Act,

2016 (hereinafter referred to as “the said Act”) and

the Rules and Regulations made thereunder;

And whereas the authenticated copies of

Certificate of Title issued by the attorney at law or

advocate of the Promoter, authenticated copies of

Property card or extract of Village Forms VI and VII

and XII or any other relevant revenue record showing

the nature of the title of the Promoter to the project

land on which the Apartments are constructed or

are to be constructed have been annexed hereto and

marked as Annexure ‘A’ and ‘B’, respectively. And

whereas the authenticated copies of the plans of

the Layout as approved by the concerned Local

Authority have been annexed hereto and marked as

Annexure C-1. And whereas the authenticated

copies of the plans of the Layout as proposed by the

Promoter and according to which the construction

of the buildings and open spaces are proposed to be

provided for on the said project have been annexed

hereto and marked as Annexure C-2,

And whereas the authenticated copies of the

plans and specifications of the Apartment agreed to

be purchased by the Allottee, as sanctioned and

approved by the local authority have been annexed

and marked as Annexure D

And whereas the Promoter has got some of the

approvals from the concerned local authority(s) to

the plans, the specifications, elevations, sections and

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of the said building/s and shall obtain the balance

approvals from various authorities from time to time,

so as to obtain Building Completion Certificate or

Occupancy Certificate of the said Building

And whereas while sanctioning the said plans

concerned local authority and/or Government has

laid down certain terms, conditions, stipulations and

restrictions which are to be observed and performed

by the Promoter while developing the project land

and the said building and upon due observance and

performance of which only the completion or

occupancy certificate in respect of the said building/s

shall be granted by the concerned local authority.

And whereas the Promoter has accordingly

commenced construction of the said building/s in

accordance with the said proposed plans.

And whereas the Allottee has applied to the

Promoter for allotment of an Apartment No._____ on

_______ floor in wing ____ situated in the building

No. ______ being constructed in the ______ phase

of the said Project,

And whereas the carpet area of the said

Apartment is ______ square meters and “carpet

area” means the net usable floor area of an

apartment, excluding the area covered by the

external walls, areas under services shafts, exclusive

balcony appurtenant to the said Apartment for

exclusive use of the Allottee or verandah area and

exclusive open terrace area appurtenant to the said

Apartment for exclusive use of the Allottee, but

includes the area covered by the internal partition

walls of the apartment.

And whereas, the Parties relying on the

confirmations, representations and assurances of

each other to faithfully abide by all the terms,

conditions and stipulations contained in this

Agreement and all applicable laws, are now willing

to enter into this Agreement on the terms and

conditions appearing hereinafter;

And whereas, prior to the execution of these

presents the Allottee has paid to the Promoter a sum

of Rs. __________ (Rupees ___________ ) only, being

part payment of the sale consideration of the

Apartment agreed to be sold by the Promoter to the

Allottee as advance payment or Application Fee (the

payment and receipt whereof the Promoter both

hereby admit and acknowledge) and the Allottee

has agreed to pay to the Promoter the balance of the

sale consideration in the manner hereinafter

appearing.

And whereas, the Promoter has registered the

Project under the provisions of the Real Estate

(Regulation & Redevelopment) Act, 2016 with the

Real Estate Regulatory Authority at no. ;

And whereas, under section 13 of the said Act

the Promoter is required to execute a written

Agreement for sale of said Apartment with the

Allottee, being in fact these presents and also to

1908.

In accordance with the terms and conditions set

out in this Agreement and as mutually agreed upon

by and between the Parties, the Promoter hereby

agrees to sell and the Allottee hereby agrees to

purchase the (Apartment/Plot) and the garage/

/covered parking (if applicable).

Now therefor, this agreement witnesseth and it is

hereby agreed by and between the parties hereto

as follows:

1. The Promoter shall construct the said building/s

consisting of _____ basement and ground/stilt/

/__________ podiums, and ________ upper floors

on the project land in accordance with the plans,

designs and specifications as approved by the

concerned local authority from time to time.

Provided that the Promoter shall have to obtain

prior consent in writing of the Allottee in respect of

variations or modifications which may adversely

affect the Apartment of the Allottee except any

alteration or addition required by any Government

authorities or due to change in law.

1.a (i) The Allottee hereby agrees to purchase

from the Promoter and the Promoter hereby agrees

to sell to the Allottee Apartment No. ________ of

the type _________ of carpet area admeasuring

__________ sq. metres on __________ floor in the

building __________ /wing (hereinafter referred

to as “the Apartment”) as shown in the Floor plan

thereof hereto annexed and marked Annexures

C-1 and C-2 for the consideration of Rs. ________

including Rs. __________ being the proportionate

price of the common areas and facilities

appurtenant to the premises, the nature, extent

and description of the common areas and facilities

which are more particularly described in the

Second Schedule annexed herewith. (the price of

the Apartment including the proportionate price

of the common areas and facilities and parking

spaces should be shown separately).

(ii) The Allottee hereby agrees to purchase from

the Promoter and the Promoter hereby agrees to

sell to the Allottee garage bearing Nos. ______

situated at _______ Basement and/or stilt and /or

________ podium being constructed in the layout

for the consideration of Rs. ____________/

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(iii) The Allottee hereby agrees to purchase

from the Promoter and the Promoter hereby agrees

to sell to the Allottee covered parking spaces

bearing Nos. ____ situated at _______ Basement

and/or stilt and /or ______________ podium being

constructed in the layout for the consideration of

Rs. ____ /-. 1(b) The total aggregate consideration

amount for the apartment including garages/

/covered parking spaces is thus Rs. ___ /-.

1(c)

The Allottee has paid on or before

execution of this agreement a sum of Rs. ________

(Rupees ________________________ only) (not

exceeding 10% of the total consideration) as

advance payment or application fee and hereby

agrees to pay to that Promoter the balance

amount of Rs. _________ (Rupees ___________)

in the following manner:

(i) Amount of Rs. ___/- ( ____ ) (not exceeding

30% of the total consideration) to be paid to the

Promoter after the execution of Agreement

(ii) Amount of Rs. ___/- ( ____ ) (not exceeding

45% of the total consideration) to be paid to the

Promoter on completion of the Plinth of the

building or wing in which the said Apartment

is located.

(iii) Amount of Rs. ___/- ( ___ ) (not exceeding

70% of the total consideration) to be paid to the

Promoter on completion of the slabs including

podiums and stilts of the building or wing in

which the said Apartment is located.

(iv) Amount of Rs. ___/- ( ___ ) (not exceeding

75% of the total consideration) to be paid to the

Promoter on completion of the walls, internal

plaster, floorings doors and windows of the said

Apartment.

(v) Amount of Rs. ___/- ( ____ ) (not exceeding

80% of the total consideration) to be paid to the

Promoter on completion of the Sanitary fittings,

staircases, lift wells, lobbies upto the floor

level of the said Apartment.

(vi) Amount of Rs. ___/- ( ___ ) ( not exceeding

85% of the total consideration) to be paid to the

Promoter on completion of the external

plumbing and external plaster, elevation,

terraces with waterproofing, of the building or

wing in which the said Apartment is located.

(vii) Amount of Rs. __/- ( ___ ) (not exceeding

95% of the total consideration) to be paid to the

Promoter on completion of the lifts, water

pumps, electrical fittings, electro, mechanical

and environment requirements, entrance

lobby/s, plinth protection, paving of areas

appertain and all other requirements as may

be prescribed in the Agreement of sale of the

building or wing in which the said Apartment

is located.

(viii) Balance Amount of Rs. ___/- ( ____ )

against and at the time of handing over of the

possession of the Apartment to the Allottee on

or after receipt of occupancy certificate or

completion certificate.

1(d) The Total Price above excludes Taxes

(consisting of tax paid or payable by the Promoter

by way of Value Added Tax, Service Tax, and Cess

or any other similar taxes which may be levied, in

connection with the construction of and carrying

out the Project payable by the Promoter) up to

the date of handing over the possession of the

[Apartment/Plot].

1(e) The Total Price is escalation-free, save and

except escalations/increases, due to increase on

account of development charges payable to the

competent authority and/or any other increase

in charges which may be levied or imposed by

the competent authority Local Bodies/

/Government from time to time. The Promoter

undertakes and agrees that while raising a

demand on the Allottee for increase in

development charges, cost, or levies imposed by

the competent authorities etc., the Promoter shall

enclose the said notification/order/rule/

/regulation published/issued in that behalf to

that effect along with the demand letter being

issued to the Allottee, which shall only be

applicable on subsequent payments.

1(f) The Promoter may allow, in its sole

discretion, a rebate for early payments of equal

instalments payable by the Allottee by

discounting such early payments @ % per annum

for the period by which the respective instalment

has been preponed. The provision for allowing

rebate and such rate of rebate shall not be subject

to any revision/withdrawal, once granted to an

Allottee by the Promoter.

1(g) The Promoter shall confirm the final carpet

area that has been allotted to the Allottee after

the construction of the Building is complete and

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the occupancy certificate is granted by the

competent authority, by furnishing details of the

changes, if any, in the carpet area, subject to a

variation cap of three percent. The total price

payable for the carpet area shall be recalculated

upon confirmation by the Promoter. If there is any

reduction in the carpet area within the defined

limit then Promoter shall refund the excess money

paid by Allottee within forty-five days with annual

interest at the rate specified in the Rules, from

the date when such an excess amount was paid

by the Allottee. If there is any increase in the

carpet area allotted to Allottee, the Promoter shall

demand additional amount from the Allottee as

per the next milestone of the Payment Plan. All

these monetary adjustments shall be made at the

same rate per square meter as agreed in Clause

1(a) of this Agreement.

1(h) The Allottee authorizes the Promoter to

adjust/appropriate all payments made by him/her

under any head(s) of dues against lawful

outstanding, if any, in his/her name as the

Promoter may in its sole discretion deem fit and

the Allottee undertakes not to object/demand/

/direct the Promoter to adjust his payments in any

manner.

Note: Each of the instalments mentioned in the

sub-clause (ii) and (iii) shall be further sub-divided

into multiple instalments linked to number of

basements/podiums/floors in case of multi-storied

building/wing.

2.1 The Promoter hereby agrees to observe,

perform and comply with all the terms, conditions,

stipulations and restrictions if any, which may have

been imposed by the concerned local authority at

the time of sanctioning the said plans or thereafter

and shall, before handing over possession of the

Apartment to the Allottee, obtain from the

concerned local authority occupancy and/or

completion certificates in respect of the Apartment.

2.2

Time is essence for the Promoter as well as

the Allottee. The Promoter shall abide by the time

schedule for completing the project and handing

over the [Apartment/Plot] to the Allottee and the

common areas to the association of the allottees after

receiving the occupancy certificate or the

completion certificate or both, as the case may be.

Similarly, the Allottee shall make timely payments

of the instalment and other dues payable by him/

/her and meeting the other obligations under the

Agreement subject to the simultaneous completion

of construction by the Promoter as provided in clause

1 (c) herein above. (“Payment Plan”).

3. The Promoter hereby declares that the Floor

Space Index available as on date in respect of the

project land is _________ square meters only and

Promoter has planned to utilize Floor Space Index

of ______ by availing of TDR or FSI available on

payment of premiums or FSI available as incentive

FSI by implementing various scheme as mentioned

in the Development Control Regulation or based on

expectation of increased FSI which may be available

in future on modification to Development Control

Regulations, which are applicable to the said Project.

The Promoter has disclosed the Floor Space Index of

_______ as proposed to be utilized by him on the

project land in the said Project and Allottee has

agreed to purchase the said Apartment based on

the proposed construction and sale of apartments

to be carried out by the Promoter by utilizing the

proposed FSI and on the understanding that the

declared proposed FSI shall belong to Promoter only.

4.1 If the Promoter fails to abide by the time

schedule for completing the project and handing

over the [Apartment/Plot] to the Allottee, the

Promoter agrees to pay to the Allottee, who does not

intend to withdraw from the project, interest as

specified in the Rule, on all the amounts paid by the

Allottee, for every month of delay, till the handing

over of the possession. The Allottee agrees to pay to

the Promoter, interest as specified in the Rule, on all

the delayed payment which become due and

payable by the Allottee to the Promoter under the

terms of this Agreement from the date the said

amount is payable by the allottee(s) to the Promoter.

4.2 Without prejudice to the right of promoter to

charge interest in terms of sub-clause 4.1 above, on

the Allottee committing default in payment on due

date of any amount due and payable by the Allottee

to the Promoter under this Agreement (including

his/her proportionate share of taxes levied by

concerned local authority and other outgoings) and

on the allottee committing three defaults of payment

of instalments, the Promoter shall at his own option,

may terminate this Agreement:

Provided that, Promoter shall give notice of fifteen

days in writing to the Allottee, by Registered Post

AD at the address provided by the allottee and mail

at the e-mail address provided by the Allottee, of his

intention to terminate this Agreement and of the

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specific breach or breaches of terms and conditions

in respect of which it is intended to terminate the

Agreement. If the Allottee fails to rectify the breach

or breaches mentioned by the Promoter within the

period of notice then at the end of such notice period,

promoter shall be entitled to terminate this

Agreement:

Provided further that upon termination of this

Agreement as aforesaid, the Promoter shall refund

to the Allottee (subject to adjustment and recovery

of any agreed liquidated damages or any other

amount which may be payable to Promoter) within

a period of thirty days of the termination, the

instalments of sale consideration of the Apartment

which may till then have been paid by the Allottee

to the Promoter.

5. The fixtures and fittings with regard to the

flooring and sanitary fittings and amenities like one

or more lifts with particular brand, or price range (if

unbranded) to be provided by the Promoter in the

said building and the Apartment as are set out in

Annexure ‘E’, annexed hereto.

6. The Promoter shall give possession of the

Apartment to the Allottee on or before _______ day

of ______ 20___. If the Promoter fails or neglects to

give possession of the Apartment to the Allottee on

account of reasons beyond his control and of his

agents by the aforesaid date then the Promoter shall

be liable on demand to refund to the Allottee the

amounts already received by him in respect of the

Apartment with interest at the same rate as may

mentioned in the clause 4.1 herein above from the

date the Promoter received the sum till the date the

amounts and interest thereon is repaid.

Provided that the Promoter shall be entitled to

reasonable extension of time for giving delivery of

Apartment on the aforesaid date, if the completion

of building in which the Apartment is to be situated

is delayed on account of

(i) war, civil commotion or act of God;

(ii) any notice, order, rule, notification of the

Government and/or other public or competent

authority/court.

7.1

Procedure for taking possession— The

Promoter, upon obtaining the occupancy certificate

from the competent authority and the payment made

by the Allottee as per the agreement shall offer in

writing the possession of the [Apartment/Plot], to

the Allottee in terms of this Agreement to be taken

within 3 (three months from the date of issue of such

notice and the Promoter shall give possession of the

[Apartment/Plot] to the Allottee. The Promoter

agrees and undertakes to indemnify the Allottee in

case of failure of fulfilment of any of the provisions,

formalities, documentation on part of the Promoter.

The Allottee agree(s) to pay the maintenance

charges as determined by the Promoter or association

of allottees, as the case may be. The Promoter on its

behalf shall offer the possession to the Allottee in

writing within 7 days of receiving the occupancy

certificate of the Project.

7.2 The Allottee shall take possession of the

Apartment within 15 days of the written notice from

the promotor to the Allottee intimating that the said

Apartments are ready for use and occupancy.

7.3 Failure of Allottee to take Possession of

[Apartment/Plot]: Upon receiving a written

intimation from the Promoter as per clause 8.1, the

Allottee shall take possession of the [Apartment/Plot]

from the Promoter by executing necessary

indemnities, undertakings and such other

documentation as prescribed in this Agreement,

and the Promoter shall give possession of the

[Apartment/Plot] to the allottee. In case the Allottee

fails to take possession within the time provided in

clause 8.1 such Allottee shall continue to be liable

to pay maintenance charges as applicable.

7.4 If within a period of five years from the date of

handing over the Apartment to the Allottee, the

Allottee brings to the notice of the Promoter any

structural defect in the Apartment or the building

in which the Apartment are situated or any defects

on account of workmanship, quality or provision of

service, then, wherever possible such defects shall

be rectified by the Promoter at his own cost and in

case it is not possible to rectify such defects, then

the Allottee shall be entitled to receive from the

Promoter, compensation for such defect in the

manner as provided under the Act.

8. The Allottee shall use the Apartment or any

part thereof or permit the same to be used only for

purpose of *residence/office/show-room/shop/

/godown for carrying on any industry or business.

(*strike of which is not applicable) He shall use the

garage or parking space only for purpose of keeping

or parking vehicle.

9. The Allottee along with other allottee(s)s of

Apartments in the building shall join in forming and

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registering the Society or Association or a Limited

Company to be known by such name as the Promoter

may decide and for this purpose also from time to

time sign and execute the application for registration

and/or membership and the other papers and

documents necessary for the formation and

registration of the Society or Association or Limited

Company and for becoming a member, including the

bye-laws of the proposed Society and duly fill in,

sign and return to the Promoter within seven days

of the same being forwarded by the Promoter to the

Allottee, so as to enable the Promoter to register the

common organisation of Allottee. No objection shall

be taken by the Allottee if any, changes or

modifications are made in the draft bye-laws, or the

Memorandum and/or Articles of Association, as may

be required by the Registrar of Co-operative Societies

or the Registrar of Companies, as the case may be, or

any other Competent Authority.

9.1 The Promoter shall, within three months of

registration of the Society or Association or Limited

Company, as aforesaid, cause to be transferred to

the Society or Limited Company all the right, title

and the interest of the Vendor/Lessor/Original

Owner/Promoter and/or the owners in the said

structure of the Building or wing in which the said

Apartment is situated.

9.2 The Promoter shall, within three months of

registration of the Federation/apex body of the

Societies or Limited Company, as aforesaid, cause to

be transferred to the Federation/Apex body all the

right, title and the interest of the Vendor/Lessor/

/Original Owner/Promoter and/or the owners in the

project land on which the building with multiple

wings or buildings are constructed.

9.3 Within 15 days after notice in writing is given

by the Promoter to the Allottee that the Apartment

is ready for use and occupancy, the Allottee shall be

liable to bear and pay the proportionate share

(i.e. in proportion to the carpet area of the

Apartment) of outgoings in respect of the project

land and Building/s namely local taxes, betterment

charges or such other levies by the concerned local

authority and/or Government water charges,

insurance, common lights, repairs and salaries of

clerks bill collectors, chowkidars, sweepers and all

other expenses necessary and incidental to the

management and maintenance of the project land

and building/s. Until the Society or Limited

Company is formed and the said structure of the

building/s or wings is transferred to it, the Allottee

shall pay to the Promoter such proportionate share

of outgoings as may be determined. The Allottee

further agrees that till the Allottee’s share is so

determined the Allottee shall pay to the Promoter

provisional monthly contribution of Rs. ......... per

month towards the outgoings. The amounts so paid

by the Allottee to the Promoter shall not carry any

interest and remain with the Promoter until a

conveyance/assignment of lease of the structure of

the building or wing is executed in favour of the

society or a limited company as aforesaid. On such

conveyance/assignment of lease being executed for

the structure of the building or wing the aforesaid

deposits (less deduction provided for in this

Agreement) shall be paid over by the Promoter to

the Society or the Limited Company, as the case may

be.

10. The Allottee shall on or before delivery of

possession of the said premises keep deposited with

the Promoter, the following amounts:

(i) Rs. ___________ for share money, application

entrance fee of the Society or Limited Company/

Federation/Apex body.

(ii) Rs. _________ for formation and registration

of the Society or Limited Company/Federation/

Apex body.

(iii) Rs. _______ for proportionate share of taxes

and other charges/levies in respect of the Society

or Limited Company/Federation/Apex body.

(iv) Rs. _______ for deposit towards provisional

monthly contribution towards outgoings of

Society or Limited Company/Federation/Apex

body.

(v) Rs. _________ for deposit towards Water,

Electric, and other utility and services connection

charges &

(vi) Rs. _____________ for deposits of electrical

receiving and Sub-Station provided in Layout.

11. The Allottee shall pay to the Promoter a sum

of Rs. _______ for meeting all legal costs, charges

and expenses, including professional costs of the

Attorney-at Law/Advocates of the Promoter in

connection with formation of the said Society, or

Limited Company, or Apex Body or Federation and

for preparing its rules, regulations and bye-laws and

the cost of preparing and engrossing the

conveyance or assignment of lease.

12. At the time of registration of conveyance or

Lease of the structure of the building or wing of the

building, the Allottee shall pay to the Promoter, the

Allottees’ share of stamp duty and registration

charges payable, by the said Society or Limited

Company on such conveyance or lease or any

OFFICIAL GAZETTE — GOVT. OF GOA

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1274

document or instrument of transfer in respect of the

structure of the said Building/wing of the building.

At the time of registration of conveyance or Lease of

the project land, the Allottee shall pay to the

Promoter, the Allottees’ share of stamp duty and

registration charges payable, by the said Apex Body

or Federation on such conveyance or lease or any

document or instrument of transfer in respect of the

structure of the said land to be executed in favour of

the Apex Body or Federation.

13. Representations and warranties of the

promoter

The Promoter hereby represents and warrants to

the Allottee as follows:—

(i) The Promoter has clear and marketable title

with respect to the project land; as declared in

the title report annexed to this agreement and

has the requisite rights to carry out development

upon the project land and also has actual, physical

and legal possession of the project land for the

implementation of the Project;

(ii) The Promoter has lawful rights and

requisite approvals from the competent

Authorities to carry out development of the

Project and shall obtain requisite approvals from

time to time to complete the development of the

project;

(iii) There are no encumbrances upon the

project land or the Project except those disclosed

in the title report;

(iv) There are no litigations pending before any

Court of law with respect to the project land or

Project except those disclosed in the title report;

(v) All approvals, licenses and permits issued

by the competent authorities with respect to the

Project, project land and said building/wing are

valid and subsisting and have been obtained by

following due process of law. Further, all

approvals, licenses and permits to be issued by

the competent authorities with respect to the

Project, project land and said building/wing shall

be obtained by following due process of law and

the Promoter has been and shall, at all times,

remain to be in compliance with all applicable

laws in relation to the Project, project land,

Building/wing and common areas;

(vi) The Promoter has the right to enter into

this Agreement and has not committed or omitted

to perform any act or thing, whereby the right,

title and interest of the Allottee created herein,

may prejudicially be affected;

(vii) The Promoter has not entered into any

agreement for sale and/or development

agreement or any other agreement/arrangement

with any person or party with respect to the project

land, including the Project and the said

[Apartment/Plot] which will, in any manner, affect

the rights of Allottee under this Agreement;

(viii) The Promoter confirms that the Promoter

is not restricted in any manner whatsoever from

selling the said [Apartment/Plot] to the Allottee

in the manner contemplated in this Agreement;

(ix) At the time of execution of the conveyance

deed of the structure to the association of allottees

the Promoter shall handover lawful, vacant,

peaceful, physical possession of the common

areas of the Structure to the Association of the

Allottees;

(x) The Promoter has duly paid and shall

continue to pay and discharge undisputed

governmental dues, rates, charges and taxes and

other monies, levies, impositions, premiums,

damages and/or penalties and other outgoings,

whatsoever, payable with respect to the said

project to the competent Authorities;

(xi) No notice from the Government or any other

local body or authority or any legislative

enactment, government ordinance, order,

notification (including any notice for acquisition

or requisition of the said property) has been

received or served upon the Promoter in respect

of the project land and/or the Project except those

disclosed in the title report.

14. The Allottee/s or himself/themselves with

intention to bring all persons into whosoever hands

the Apartment may come, hereby covenants with

the Promoter as follows :—

(i) To maintain the Apartment at the Allottee’s

own cost in good and tenantable repair and

condition from the date that of possession of the

Apartment is taken and shall not do or suffer to

be done anything in or to the building in which

the Apartment is situated which may be against

the rules, regulations or bye-laws or change/alter

or make addition in or to the building in which

the Apartment is situated and the Apartment

OFFICIAL GAZETTE — GOVT. OF GOA

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itself or any part thereof without the consent of

the local authorities, if required.

(ii) Not to store in the Apartment any goods

which are of hazardous, combustible or

dangerous nature or are so heavy as to damage

the construction or structure of the building in

which the Apartment is situated or storing of

which goods is objected to by the concerned local

or other authority and shall take care while

carrying heavy packages which may damage or

likely to damage the staircases, common passages

or any other structure of the building in which

the Apartment is situated, including entrances

of the building in which the Apartment is situated

and in case any damage is caused to the building

in which the Apartment is situated or the

Apartment on account of negligence or default of

the Allottee in this behalf, the Allottee shall be

liable for the consequences of the breach.

(iii) To carry out at his own cost all internal

repairs to the said Apartment and maintain the

Apartment in the same condition, state and order

in which it was delivered by the Promoter to the

Allottee and shall not do or suffer to be done

anything in or to the building in which the

Apartment is situated or the Apartment which

may be contrary to the rules and regulations and

bye-laws of the concerned local authority or other

public authority. In the event of the Allottee

committing any act in contravention of the above

provision, the Allottee shall be responsible and

liable for the consequences thereof to the

concerned local authority and/or other public

authority.

(iv) Not to demolish or cause to be demolished

the Apartment or any part thereof, nor at any time

make or cause to be made any addition or

alteration of whatever nature in or to the

Apartment or any part thereof, nor any alteration

in the elevation and outside colour scheme of the

building in which the Apartment is situated and

shall keep the portion, sewers, drains and pipes

in the Apartment and the appurtenances thereto

in good tenantable repair and condition, and in

particular, so as to support shelter and protect

the other parts of the building in which the

Apartment is situated and shall not chisel or in

any other manner cause damage to columns,

beams, walls, slabs or RCC, Pardis or other

structural members in the Apartment without the

prior written permission of the Promoter and/or

the Society or the Limited Company.

(v) Not to do or permit to be done any act or

thing which may render void or voidable any

insurance of the project land and the building in

which the Apartment is situated or any part

thereof or whereby any increased premium shall

become payable in respect of the insurance.

(vi) Not to throw dirt, rubbish, rags, garbage or

other refuse or permit the same to be thrown from

the said Apartment in the compound or any

portion of the project land and the building in

which the Apartment is situated.

(vii) Pay to the Promoter within fifteen days of

demand by the Promoter, his share of security

deposit demanded by the concerned local

authority or Government or giving water,

electricity or any other service connection to the

building in which the Apartment is situated.

(viii) To bear and pay increase in local taxes,

water charges, insurance and such other levies,

if any, which are imposed by the concerned local

authority and/or Government and/or other public

authority, on account of change of user of the

Apartment by the Allottee for any purposes other

than for purpose for which it is sold.

(ix) The Allottee shall not let, sub-let, transfer,

assign or part with interest or benefit factor of

this Agreement or part with the possession of the

Apartment until all the dues payable by the

Allottee to the Promoter under this Agreement

are fully paid up.

(x) The Allottee shall observe and perform all

the rules and regulations which the Society or

the Limited Company or Apex Body or Federation

may adopt at its inception and the additions,

alterations or amendments thereof that may be

made from time to time for protection and

maintenance of the said building and the

Apartments therein and for the observance and

performance of the Building Rules, Regulations

and Bye-laws for the time being of the concerned

local authority and of Government and other

public bodies. The Allottee shall also observe and

perform all the stipulations and conditions laid

down by the Society/Limited Company/Apex

Body/Federation regarding the occupancy and

use of the Apartment in the Building and shall

pay and contribute regularly and punctually

towards the taxes, expenses or other out-goings

in accordance with the terms of this Agreement.

(xi) Till a conveyance of the structure of the

building in which Apartment is situated is

executed in favour of Society/Limited Society, the

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Allottee shall permit the Promoter and their

surveyors and agents, with or without workmen

and others, at all reasonable times, to enter into

and upon the said buildings or any part thereof to

view and examine the state and condition thereof.

(xii) Till a conveyance of the project land on

which the building in which Apartment is

situated is executed in favour of Apex Body or

Federation, the Allottee shall permit the Promoter

and their surveyors and agents, with or without

workmen and others, at all reasonable times, to

enter into and upon the project land or any part

thereof to view and examine the state and

condition thereof.

15. The Promoter shall maintain a separate

account in respect of sums received by the Promoter

from the Allottee as advance or deposit, sums

received on account of the share capital for the

promotion of the Co-operative Society or association

or Company or towards the out goings, legal charges

and shall utilize the amounts only for the purposes

for which they have been received.

16. Nothing contained in this Agreement is

intended to be nor shall be construed as a grant,

demise or assignment in law, of the said Apartments

or of the said Plot and Building or any part thereof.

The Allottee shall have no claim save and except in

respect of the Apartment hereby agreed to be sold

to him and all open spaces, parking spaces, lobbies,

staircases, terraces recreation spaces, will remain

the property of the Promoter until the said structure

of the building is transferred to the Society/Limited

Company or other body and until the project land is

transferred to the Apex Body/Federation as

hereinbefore mentioned.

17. Promoter shall not mortgage or create a

charge.— After the Promoter executes this

Agreement he shall not mortgage or create a charge

on the *[Apartment/] and if any such mortgage or

charge is made or created then notwithstanding

anything contained in any other law for the time

being in force, such mortgage or charge shall not

affect the right and interest of the Allottee who has

taken or agreed to take such [Apartment/plot].

18. Binding effect.— Forwarding this Agreement

to the Allottee by the Promoter does not create a

binding obligation on the part of the Promoter or the

Allottee until, firstly, the Allottee signs and delivers

this Agreement with all the schedules along with

the payments due as stipulated in the Payment Plan

within 30 (thirty) days from the date of receipt by

the Allottee and secondly, appears for registration

of the same before the concerned Sub-Registrar as

and when intimated by the Promoter. If the

Allottee(s) fails to execute and deliver to the

Promoter this Agreement within 30 (thirty) days

from the date of its receipt by the Allottee and/or

appear before the Sub-Registrar for its registration

as and when intimated by the Promoter, then the

Promoter shall serve a notice to the Allottee for

rectifying the default, which if not rectified within

15 (fifteen) days from the date of its receipt by the

Allottee, application of the Allottee shall be treated

as cancelled and all sums deposited by the Allottee

in connection therewith including the booking

amount shall be returned to the Allottee without

any interest or compensation whatsoever.

19. Entire agreement.— This Agreement, along

with its schedules and annexures, constitutes the

entire Agreement between the Parties with respect

to the subject matter hereof and supersedes any and

all understandings, any other agreements,

allotment letter, correspondences, arrangements

whether written or oral, if any, between the Parties

in regard to the said apartment/plot/building, as

the case may be.

20. Right to amend.— This Agreement may only

be amended through written consent of the Parties.

21. Provisions of this agreement applicable to

allottee/subsequent allottees.— It is clearly

understood and so agreed by and between the

Parties hereto that all the provisions contained

herein and the obligations arising hereunder in

respect of the Project shall equally be applicable to

and enforceable against any subsequent Allottees

of the [Apartment/Plot], in case of a transfer, as the

said obligations go along with the [Apartment/Plot]

for all intents and purposes.

22. Severability.— If any provision of this

Agreement shall be determined to be void or

unenforceable under the Act or the Rules and

Regulations made thereunder or under other

applicable laws, such provisions of the Agreement

shall be deemed amended or deleted in so far as

reasonably inconsistent with the purpose of this

Agreement and to the extent necessary to conform

to Act or the Rules and Regulations made

thereunder or the applicable law, as the case may

be, and the remaining provisions of this Agreement

shall remain valid and enforceable as applicable at

the time of execution of this Agreement.

23. Method of calculation of proportionate share

wherever referred to in the agreement.— Wherever

OFFICIAL GAZETTE — GOVT. OF GOA

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in this Agreement it is stipulated that the Allottee

has to make any payment, in common with other

Allottee(s) in Project, the same shall be in proportion

to the carpet area of the [Apartment/Plot] to the total

carpet area of all the [Apartments/Plots] in the

Project.

24. Further assurances.— Both Parties agree that

they shall execute, acknowledge and deliver to the

other such instruments and take such other actions,

in additions to the instruments and actions

specifically provided for herein, as may be

reasonably required in order to effectuate the

provisions of this Agreement or of any transaction

contemplated herein or to confirm or perfect any

right to be created or transferred hereunder or

pursuant to any such transaction.

25. Place of execution.— The execution of this

Agreement shall be complete only upon its

execution by the Promoter through its authorized

signatory at the Promoter’s Office, or at some other

place, which may be mutually agreed between

the Promoter and the Allottee, in after the

Agreement is duly executed by the Allottee and the

Promoter or simultaneously with the execution the

said Agreement shall be registered at the office of

the Sub-Registrar. Hence this Agreement shall be

deemed to have been executed at _________.

26. The Allottee and/or Promoter shall present

this Agreement as well as the conveyance/

/assignment of lease at the proper registration office

of registration within the time limit prescribed by

the Registration Act and the Promoter will attend

such office and admit execution thereof.

27. That all notices to be served on the Allottee

and the Promoter as contemplated by this

Agreement shall be deemed to have been duly

served if sent to the Allottee or the Promoter by

Registered Post A.D. and notified Email ID/Under

Certificate of Posting at their respective addresses

specified below:

Name of Allottee

(Allottee’s Address)

Notified Email ID:___________

M/s Promoter name

(Promoter Address)

Notified Email ID: ____________

It shall be the duty of the Allottee and the

promoter to inform each other of any change in

address subsequent to the execution of this

Agreement in the above address by Registered Post

failing which all communications and letters posted

at the above address shall be deemed to have been

received by the promoter or the Allottee, as the case

may be.

28. Joint allottees.— That in case there are Joint

Allottees all communications shall be sent by the

Promoter to the Allottee whose name appears first

and at the address given by him/her which shall for

all intents and purposes to consider as properly

served on all the Allottees.

29. Stamp Duty and Registration.— The charges

towards stamp duty and Registration of this

Agreement shall be borne by the allottee.

30. Dispute Resolution.— Any dispute between

parties shall be settled amicably. In case of failure

to settled the dispute amicably, which shall be

referred to the _______________ Authority as per

the provisions of the Real Estate (Regulation and

Development) Act, 2016, Rules and Regulations,

thereunder.

31. Governing law.— That the rights and

obligations of the parties under or arising out of

this Agreement shall be construed and enforced in

accordance with the laws of India for the time being

in force and the _________ courts will have the

jurisdiction for this Agreement

In witness whereof parties hereinabove named

have set their respective hands and signed this

Agreement for sale at (city/town name) in the

presence of attesting witness, signing as such on

the day first above written.

First Schedule Above Referred to

Description of the freehold/leasehold land and

all other details

Second Schedule Above Referred to

Here set out the nature, extent and description

of common areas and facilities.

Signed and delivered by the within named

Allottee: (including joint buyers)

(1)

(2)

At __________ on__________

in the presence of Witnesses:

1. Name

Signature _______________

2. Name

Signature _________________

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 21

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1278

Signed and delivered by the within named

Promoter:

(1)

(Authorized Signatory) Witnesses:

Name

Signature ____________

Name

Signature ___________

Note— Execution clauses to be finalised in

individual cases having regard to the constitution

of the parties to the Agreement.

Schedule ‘A’ please insert description of the

[Apartment/Plot] and the garage/closed parking (if

applicable) along with boundaries in all four

directions

Schedule ‘B’ floor plan of the apartment

Annexure-A Name of the Attorney at Law/Advocate,

Address: Date :

No. RE.:

Title Report Details of the Title Report

The Schedule Above Referred to (Description of

property)

Place:

Dated ……….. day of ............... 20.........

(Signed)

Signature of Attorney-at-Law/Advocate

ANNEXURE–B

(Authenticated copies of Property Card or extract

Village Forms VI or VII and XII or any other revenue

record showing nature of the title of the Vendor/

/Lessor/Original Owner/Promoter to the project land).

ANNEXURE–C-1

(Authenticated copies of the plans of the Layout

as approved by the concerned Local Authority)

ANNEXURE–C-2

(Authenticated copies of the plans of the Layout

as proposed by the Promoter and according to which

the construction of the buildings and open spaces

are proposed to be provided for on the said project)

ANNEXURE–D

(Authenticated copies of the plans and

specifications of the Apartment agreed to be

purchased by the Allottee as approved by the

concerned local authority)

ANNEXURE – E

(Specification and amenities for the Apartment)

ANNEXURE –F

(Authenticated copy of the Registration

Certificate of the Project granted by the Real Estate

Regulatory Authority)

Received of and from the Allottee above named

the sum of Rupees ............... on execution of this

agreement towards Earnest Money Deposit or

application fee

I say received.

The Promoter/s.

By order and in the name of the Governor

of Goa.

J. Ashok Kumar, IAS, Director & ex-officio

Addl. Secretary (Urban Development)

Panaji, 22nd August, 2017.

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