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The Rajasthan Real Estate (Regulation and Development) Rules, 2017
Act ID: 2017
The Rajasthan Real Estate (Regulation and Development) Rules, 2017
"State rules implementing RERA in Rajasthan."
Table of Contents
40 Sections
Ch. 1
Full Text
S.1
Terms :
S.2
This extension of registration is granted subject to the following conditions, namely:
S.3
Additional information and documents to be furnished by the promoter for registration of project
S.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 to him, as per the provisions of the Act and the rules and regulations made thereunder
S.5
Withdrawal of sums deposited in separate account
S.6
The Login Id and password for the purpose as provided under clause (a) of sub-section (1) or sub-section (2) of section 5 of the Real Estate (Regulation and Development) Act, 2016, as the case may be, is enclosed herewith
S.7
Possession of The Apartment / Plot. - 7.1 Schedule for possession of the said Apartment of Plot - The Promoter agrees and understands that timely delivery of possession of the Apartment/ Plot to the Allottee and the common areas to the Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to handover possession of the Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on------------------------ , unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment/ Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee(s) the entire amount received by the Promoter from the Allottee with interest within forty-five days from that date. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agreed that he/ she shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement
S.8
List of enclosures:
S.9
Events of Defaults and Consequences. - 9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of default, in the following events, namely:
S.10
List of enclosures:
S.11
Grant of Registration to the real estate agent
S.12
Renewal of registration of real estate agent
S.13
Revocation of Registration of real estate agent
S.14
Maintenance and preservation of books of accounts, records and documents
S.15
General Compliance With Respect to the Apartment/Plot. - 15.1 Subject to Term 12 above, the Allottee(s) shall, after taking possession, be solely responsible to maintain the said Apartment/ Plot at his/her own cost, in good repair and condition and shall not do or suffer to be done anything in or to the said building Apartment/ Plot, or the staircases, lifts, common passages, corridors, circulation areas, atrium or compound which may be in violation of any laws or rules of any authority or change or alter or make additions to the said Apartment/ Plot, and keep the said Apartment/ Plot,, its walls and partitions, sewers, drains, pipes and appurtenances thereto or belonging thereto in good and tenantable repair and maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the building is not in any way damaged or jeopardized
S.16
Details to be published on the website
S.17
Rate of interest payable by the promoter and the allottee
S.18
Timelines for refund
S.19
Manner of selection of Chairperson and Members of the Authority
S.20
Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Authority
S.21
Administrative powers of the Chairperson of the Authority
S.22
Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Authority and experts and consultants engaged by the Authority
S.23
Waiver Not a Limitation to Enforce:
S.24
Additional powers of the Authority
S.25
Manner of recovery of interest, penalty and compensation
S.26
Manner of implementation of order, direction or decisions of the adjudicating officer, the Authority or the Appellate Tribunal
S.27
Form for filing Appeal and the fees payable
S.28
Manner of selection of Members of the Appellate Tribunal
S.29
Salary and allowances payable and other terms and conditions of service of Chairperson and Members of the Appellate Tribunal
S.30
Functioning of Appellate Tribunal
S.31
Salary and allowances payable and other terms and conditions of service of the officers and other employees of the Appellate Tribunal
S.32
Dispute Resolution. - All or any dispute arising out of or touching upon or in relation to the terms and conditions of this Agreement including the interpretation and validity thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussions, between the Parties, failing which the dispute shall be settled in the manner as provided under the Act
S.33
Administrative powers of the Chairperson of the Appellate Tribunal
S.34
Terms and conditions and the fine payable for compounding of offence
S.35
Manner of filing a complaint with the Authority and the manner of holding an inquiry by the Authority
S.36
Manner of filing a complaint with the adjudicating officer and the manner of holding an inquiry by the adjudicating officer
S.37
Budget, accounts and audit
S.38
Annual Report
S.39
Procedure for inquiry of the charges against the Chairperson or Member of the Authority or the Appellate Tribunal
S.40
Removal of doubts