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Bihar Real Estate (Regulation and Development) Rules, 2017

Bihar Real Estate (Regulation and Development) Rules, 2017

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Sections

1. Short title and Commencement.

Section 1

2. Definitions.

Section 2

3. Information and documents to be furnished by promoter for registration of real estate project.

Section 3

4. Additional disclosure by promoters of ongoing projects.

Section 4

5. Grant or rejection of registration of project.

Section 5

6. Extension of registration of project.

Section 6

7. Revocation of registration of the project.

Section 7

8. Agreement for sale.

Section 8

9. Application for registration by the real estate agent.

Section 9

10. Grant of registration to the real estate agent.

Section 10

11. Renewal of registration of real estate agent.

Section 11

12. Revocation of registration of real estate agent.

Section 12

13. Books of accounts, records and documents.

Section 13

14. Other functions of a real estate agent.

Section 14

15. Obligations of registered real estate agents.

Section 15

16. Details to be published on website.

Section 16

17. Interest payable by promoter and allottee.

Section 17

18. Timelines for refund.

Section 18

19. Selection of Chairperson and other Members of Authority.

Section 19

20. Salary and allowances payable and other terms and conditions of service of Chairperson and other Members of Authority.

Section 20

21. Administrative powers of the Chairperson of Authority.

Section 21

22. Salary and allowances payable to and the other terms and conditions of service of the officers and of the employees of Authority.

Section 22

23. Functioning of Authority.

Section 23

24. Additional powers of Authority.

Section 24

25. Recovery of interest, penalty and compensation.

Section 25

26. Manner of implementation of order, direction or decision of the adjudicating officer, the Authority or the Appellate Tribunal.

Section 26

27. Appeal and the fees payable.

Section 27

28. Selection of Members of Appellate Tribunal.

Section 28

29. Salary and allowances payable and other terms and conditions of service of Chairperson and Members of Appellate Tribunal.

Section 29

30. Inquiry of the charges against Chairperson or Member of Authority or Appellate Tribunal.

Section 30

31. Salary and allowances payable and other terms and conditions of service of officers and other employees of Appellate Tribunal.

Section 31

32. Additional powers of Appellate Tribunal.

Section 32

33. Administrative powers of Chairperson of Appellate Tribunal.

Section 33

34. Functioning of Appellate Tribunal.

Section 34

35. Terms and conditions and the fine payable for compounding of offence.

Section 35

36. Filing of complaint with the Authority and inquiry by Authority.

Section 36

37. Filing of complaint with the adjudicating officer and inquiry by adjudicating officer.

Section 37

38. Budget, accounts and audit.

Section 38

39. Annual Report.

Section 39

1. The requisite particulars are as under:-

Section 1

1. The requisite particulars are as under:-

Section 1

1. That [I / promoter] [have / has] a legal title to the land on which the development of the project is proposed or

Section 1

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

Section 2

3. That the time period within which the project shall be completed by [me / the promoter] is ________________________________________________.

Section 3

4. That seventy percent. of the amounts realized by [me / the promoter] for the real estate project from the allottee's, 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.

Section 4

5. That the amounts from the separate account, to cover the cost of the project, shall be withdrawn by [me / the promoter] in proportion to the percentage of completion of the project.

Section 5

6. That the amounts from the separate account shall be withdrawn by [me / the promoter] after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project.

Section 6

7. That [I / the promoter] shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular 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.

Section 7

8. That [I / the promoter] shall take all the pending approvals on time, from the competent authorities.

Section 8

9. That [I / the promoter] [have / has] furnished such other documents as have been prescribed by the Act and the rules and regulations made thereunder.

Section 9

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.

Section 10

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

Section 2

3. If the above mentioned conditions are not fulfilled by the promoter, the Authority may take necessary action against the promoter including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder.

Section 3

2. This extension of registration is granted subject to the following conditions, namely:-

Section 2

2. The requisite particulars are as under:-

Section 2

1. This registration is granted under section 9 with registration certificate bearing No.______________to -

Section 9

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

Section 2

3. The registration is valid for a period of five years commencing from_______________and ending with_____________________unless renewed by the Authority in accordance with the provisions of the Act or the rules and regulations made thereunder.

Section 3

4. If the above mentioned conditions are not fulfilled by the real estate agent, the Authority may take necessary action against the real estate agent including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder.

Section 4

1. As required [I/We] submit the following documents and information, namely:-

Section 1

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

Section 9

1. This renewal of registration is granted subject to the following conditions, namely:-

Section 1

2. The registration is valid for a period of five years commencing from _______ and ending with___________ unless renewed by the Authority in accordance with the provisions of the Act or the rules and regulations made thereunder.

Section 2

3. If the above mentioned conditions are not fulfilled by the real estate agent, the Authority may take necessary action against the real estate agent including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder.

Section 3

1. Particulars of the appellants:

Section 1

2. Particulars of the respondents:

Section 2

3. Jurisdiction of the Appellate Tribunal:

Section 3

4. Limitation:

Section 4

5. Facts of the case:

Section 5

6. Relief(s) sought:

Section 6

7. Interim order, if prayed for:

Section 7

8. Matter not pending with any other court, etc.:

Section 8

9. Particulars of [demand draft / bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 27:

Section 27

10. List of enclosures:

Section 10

1. Particulars of the complainant(s):

Section 1

2. Particulars of the respondents:

Section 2

3. Jurisdiction of the Authority:

Section 3

4. Facts of the case:

Section 4

5. Relief(s) sought:

Section 5

6. Interim order, if prayed for:

Section 6

7. Complainant not pending with any other court, etc.:

Section 7

8. Particulars of [demand draft / bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 36:

Section 36

9. List of enclosures:

Section 9

1. Particulars of the complainant(s):

Section 1

1. Particulars of the complainant(s):

Section 1

2. Particulars of the respondents:

Section 2

2. Particulars of the respondents:

Section 2

3. Jurisdiction of the adjudicating officer:

Section 3

3. Jurisdiction of the adjudicating officer:

Section 3

4. Facts of the case:

Section 4

4. Facts of the case:

Section 4

5. Compensation(s) sought:

Section 5

5. Compensation(s) sought:

Section 5

6. Claim not pending with any other court, etc.:

Section 6

6. Claim not pending with any other court, etc.:

Section 6

7. Particulars of [demand draft / bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 37:

Section 37

7. Particulars of [demand draft / bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 37:

Section 37

8. List of enclosures:

Section 8

8. List of enclosures:

Section 8

1. Terms:

Section 1

1. Terms:

Section 1

2. Mode of Payment:

Section 2

2. Mode of Payment:

Section 2

3. Compliance of Laws Relating To Remittances:

Section 3

3. Compliance of Laws Relating To Remittances:

Section 3

4. Adjustment/appropriation of Payments:

Section 4

4. Adjustment/appropriation of Payments:

Section 4

5. Time Is Essence:

Section 5

5. Time Is Essence:

Section 5

6. Construction of The Project/ Apartment:

Section 6

6. Construction of The Project/ Apartment:

Section 6

7. Possession of The Apartment/plot:

Section 7

7. Possession of The Apartment/plot:

Section 7

8. Representations and Warranties of The Promoter:

Section 8

8. Representations and Warranties of The Promoter:

Section 8

9. Events of Defaults and Consequences:

Section 9

9. Events of Defaults and Consequences:

Section 9

10. Conveyance of The Said Apartment:

Section 10

10. Conveyance of The Said Apartment:

Section 10

11. Maintenance of The Said Building / Apartment / Project:

Section 11

11. Maintenance of The Said Building / Apartment / Project:

Section 11

12. Defect Liability:

Section 12

12. Defect Liability:

Section 12

13. Right to Enter the Apartment for Repairs:

Section 13

13. Right to Enter the Apartment for Repairs:

Section 13

14. Usage:

Section 14

14. Usage:

Section 14

15. General Compliance with Respect to the Apartment:

Section 15

15. General Compliance with Respect to the Apartment:

Section 15

16. Compliance of Laws, Notifications etc. by Parties:

Section 16

16. Compliance of Laws, Notifications etc. by Parties:

Section 16

17. Additional Constructions:

Section 17

17. Additional Constructions:

Section 17

18. Promoter Shall not Mortgage or Create a Charge:

Section 18

18. Promoter Shall not Mortgage or Create a Charge:

Section 18

19. Apartment Ownership Act (Of the Relevant State):

Section 19

19. Apartment Ownership Act (Of the Relevant State):

Section 19

20. Binding Effect:

Section 20

20. Binding Effect:

Section 20

21. Entire Agreement:

Section 21

21. Entire Agreement:

Section 21

22. Right to Amend:

Section 22

22. Right to Amend:

Section 22

23. Provisions of this Agreement Applicable on Allottee / Subsequent Allottee's:

Section 23

23. Provisions of this Agreement Applicable on Allottee / Subsequent Allottee's:

Section 23

24. Waiver not a Limitation to Enforce:

Section 24

24. Waiver not a Limitation to Enforce:

Section 24

25. Severability:

Section 25

25. Severability:

Section 25

26. Method of Calculation of Proportionate Share wherever Referred to in the Agreement:

Section 26

26. Method of Calculation of Proportionate Share wherever Referred to in the Agreement:

Section 26

27. Further Assurances:

Section 27

27. Further Assurances:

Section 27

28. Place of Execution:

Section 28

28. Place of Execution:

Section 28

29. Notices:

Section 29

29. Notices:

Section 29

30. Joint Allottee's:

Section 30

30. Joint Allottee's:

Section 30

31. Savings:

Section 31

31. Savings:

Section 31

32. Governing Law:

Section 32

32. Governing Law:

Section 32

33. Dispute Resolution:

Section 33

33. Dispute Resolution:

Section 33

1. Signature __________________

Section 1

2. Signature __________________

Section 2