Indian_Real_Estate_Law (2)
Indian Real Estate Laws 60to amount to an acquittal within the meaningof section 300 of the Code of Criminal Procedure,1973 (Central Act 2 of 1974).(4) The promoter, allottee or real estateagent, as the case may be, shall comply withthe orders of the regulatory authority or theAppellate Tribunal, within the period specifiedby the court, which shall not be more thansixty days from the date of compounding ofthe offence.2.13 CHAPTER-XII MIS-CELLANEOUS2.13.1 Interpretation46. If any question arises relating to the interpretationof these rules or when express provisionhas not been made in these rules abouta particular matter, the same shall be referredto the Housing Department for its decisionand decision of the State Government shall bebinding.2.13.2 Residuary provision47. Matters relating to the terms and conditionsof service of the Chairperson or a Memberwith respect to which no express provisionhas been made in these rules, shall bereferred by the Authority to the State Governmentfor its decision, and the decision ofthe State Government thereon shall be applicableto the Chairperson or Member, as thecase may be.2.14 CHAPTER-XIII BUD-GET AND REPORT2.14.1 Budget, accounts and audit48. (1) At the end of the financial year of everyyear, the Authority shall prepare a budget,maintain proper accounts and other relevantrecords and prepare an annual statement ofaccounts in Form —’S’.(2) The Authority shall preserve the accountsand other relevant records prepared undersub-rule (1) for a minimum period of fiveyears.(3) The accounts and other relevantrecords under sub-rule (1) shall be signed bythe Chairperson, Members, Secretary and theofficer in-charge of Finance and Accounts.(4) The accounts of the Authority and theaudit report shall, as soon as possible, be submittedto the appropriate Government for layingbefore the Parliament.2.14.2 Annual Report2.14 2. RERA KARNATAKA RULES 201749. (1) The Authority shall prepare its annualreport in Form-T.(2) The Authority may also include in theAnnual Report such other matters as deemedfit by the Authority for reporting to the appropriateGovernment.(3) The annual report shall, after adoptionat a meeting of the Authority and signedby the Chairperson and Members and authenticatedby affixing the common seal ofthe Authority, with requisite number of copiesthereof, be submitted to the appropriate Governmentwithin a period of one hundred andeighty days immediately following the close ofthe year for which it has been prepared. Byorder and in the name of the Governor of KarnatakaKapil Mohan Principal Secretary to GovernmentDepartment of Housing FORM ‘A’[See sub rule (2) of rule 3] APPLICATIONFOR REGISTRATION OF PROJECT ToSir,i) (ii)(iii) (iv)(v) (vi)(vii) (viii)(ix)The Real Estate Regulatory Authority(Name of Place)[I/We] hereby apply for the grant of registrationof [my/our] project to be set upSanat 98 SEAT MA AAC ieee Eco atonetan Rapa saeloesomese Nes UN gnee mateomeeeIia Tehsil
61 Indian Real Estate LawsDistrict ...........cccceeseeeeeeeeee State....ceeeseeseeneeee eeeThe requisite particulars are as under:-Status of the applicant - [individual / company/ proprietorship firm / societies /partnership firm / competent authorityetc.];In case of individual -(a) Name(b) Father’s Name(c) Occupation(d) Address(e) Contact Details (Phone number, E-mail, Fax Number etc.) (f) Name, photograph,contact details and addressof the promoter ORIn case of [firm / societies / trust / company/ limited liability partnership / competentauthority etc.] -(a) Name (b) Address (c) Copy of registrationcertificate as [firm / societies / trust /company / limitedliability partnership / competent authorityetc.] (d) Main objects(e) Contact Details (Phone number, E-mail, Fax Number etc.)6) Name, photograph, contact details andaddress of [chairman / partners / directors]and authorised person etc.PAN No. of the promoter;Name and address of the bank or bankerwith which account in terms of sub-clause (D)of clause (1) of sub- section (2) of section 4will be maintained;Details of project land held by the applicant.;Brief details of the projects launched bythe promoter in the last five years, whetheralready completed or being developed, as thecase may be, including the current status ofthe said projects, any delay in its completion,details of cases pending, details of typeof land and payments pending etc. .........:ccceeeseeseesceeeee eneeteueeeeeeeaesAgency to take up external developmentworks. [Local Authority / Self Development];Registration fee by way of a demand draft /bankers cheque dated drawn onwiaepeaeeuens bearing no. ............... foran amount of Rs.......... /- calculated as persub-rule (3) of rule 3. or through online paymentas the case may be.............. (give detailsof online payment such as date paid, transactionno. etc.);Any other information the applicant maylike to furnish.[I/We] enclose the following documents,namely:-4.Dated: Place:@ (ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x) (xi) (xii) (xiii)(xiv)(xv)(xvi)20authenticated copy of the PAN card of thepromoter;annual report including audited profit andloss account, balance sheet, cash flow statement,directors report and the auditors reportof the promoter for the immediately precedingthree financial years and where annual reportis not available, the audited profit and lost account,balance sheet, cash flow statement andthe auditors report of the promoter for the immediatelypreceding three financial years;authenticated copy of the legal title deedreflecting the title of the promoter to the landon which development of project is proposedalong with legally valid documents for chainof title with authentication of such title;details of encumbrances on the land onwhich development of project is proposed includingdetails of any rights, title, interest,dues, litigation and name of any party in orover such land or no encumbrance certificatefrom an advocate having experience of atleastten years or from the revenue authority notbelow the rank of tehshildar, as the case maybe;where the promoter is not the owner of theland on which development of project is pro-2. RERA KARNATAKA RULES 2017 2.14
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61 Indian Real Estate Laws
District ...........cccceeseeeeeeeeee State
....ceeeseeseeneeee eee
The requisite particulars are as under:-
Status of the applicant - [individual / company
/ proprietorship firm / societies /
partnership firm / competent authority
etc.];
In case of individual -
(a) Name
(b) Father’s Name
(c) Occupation
(d) Address
(e) Contact Details (Phone number, E-
mail, Fax Number etc.) (f) Name, photograph,
contact details and address
of the promoter OR
In case of [firm / societies / trust / company
/ limited liability partnership / competent
authority etc.] -
(a) Name (b) Address (c) Copy of registration
certificate as [firm / societies / trust /
company / limited
liability partnership / competent authority
etc.] (d) Main objects
(e) Contact Details (Phone number, E-
mail, Fax Number etc.)
6) Name, photograph, contact details and
address of [chairman / partners / directors]
and authorised person etc.
PAN No. of the promoter;
Name and address of the bank or banker
with which account in terms of sub-clause (D)
of clause (1) of sub- section (2) of section 4
will be maintained;
Details of project land held by the applicant.
;
Brief details of the projects launched by
the promoter in the last five years, whether
already completed or being developed, as the
case may be, including the current status of
the said projects, any delay in its completion,
details of cases pending, details of type
of land and payments pending etc. .........:ccceeeseeseescee
eee eneeteueeeeeeeaes
Agency to take up external development
works. [Local Authority / Self Development];
Registration fee by way of a demand draft /
bankers cheque dated drawn on
wiaepeaeeuens bearing no. ............... for
an amount of Rs.......... /- calculated as per
sub-rule (3) of rule 3. or through online payment
as the case may be.............. (give details
of online payment such as date paid, transaction
no. etc.);
Any other information the applicant may
like to furnish.
[I/We] enclose the following documents,
namely:-
4.
Dated: Place:
@ (ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x) (xi) (xii) (xiii)
(xiv)
(xv)
(xvi)
20
authenticated copy of the PAN card of the
promoter;
annual report including audited profit and
loss account, balance sheet, cash flow statement,
directors report and the auditors report
of the promoter for the immediately preceding
three financial years and where annual report
is not available, the audited profit and lost account,
balance sheet, cash flow statement and
the auditors report of the promoter for the immediately
preceding three financial years;
authenticated copy of the legal title deed
reflecting the title of the promoter to the land
on which development of project is proposed
along with legally valid documents for chain
of title with authentication of such title;
details of encumbrances on the land on
which development of project is proposed including
details of any rights, title, interest,
dues, litigation and name of any party in or
over such land or no encumbrance certificate
from an advocate having experience of atleast
ten years or from the revenue authority not
below the rank of tehshildar, as the case may
be;
where the promoter is not the owner of the
land on which development of project is pro-
2. RERA KARNATAKA RULES 2017 2.14