84.

(1) The appropriate Government shall, within a period of

six months of the commencement of this Act, by

notification, make rules for carrying out the provisions of

this Act. (2) In particular, and without prejudice to the

generality of the foregoing power, such rules may provide for

all or any of the following matters, namely:—

In excercise of the powers conferred by Sub-Sections (1),(2) of

Section 84 of The Real Estate (Regulation and Development ) Act

2016, and all other powers enabling on that behalf, the

Government of Maharashtra, after considering the objections and

suggestions pursuant to the Government Notification, Housing

Department,No.********, dated ______ of 2016, is published in the

Maharashtra Government Gadget, Extraordinary, Part Iv-B dated

_____ of ____ 2-16 , is hereby pleased to make the following rules

as follows, namely :-

1. Short Title: These rules may be called as Maharashtra Real

Estate (Regulation and Development) (General) Rules 2016

2. Definitions :- (1) In these rules, unless the context otherwise

requires:-

(a) “Act” means the The Real Estate (Regulation and

Development ) Act 2016

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(b) “Authority” means Real Estate Regulatory Authority of

Maharashtra established under Section 20 of The Real

Estate (Regulation and Development ) Act 2016

(c) “Authorised Representative” means a person duly

authorised to present Application or to give reply on its

behalf before the Authority or Appellate Tribunal

(d) “Applicant” means person making an application u/s 4 or

under Section ____

(e) “Apex Body” or “Federation” means and independent body

formed by and consisting of all the Co-operative Societies,

Companies or condominiums or any other legal entity,

constituted of the flat purchasers 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, shall cooperate in the

maintenance and administration of common areas and

amenities and facilities provided in the layout but shall

independently retain control of its own internal affairs and

administration in respect of each of the buildings for which

they are formed;

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(f) “Complainant” means any aggrieved person making a

complaint u/s _____ of The Real Estate (Regulation and

Development ) Act 2016

(g) “disclosures” means the information and documents to be

uploaded by the Promoter on the website of the Housing

Regulatory 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 including those disclosures

to the public at large through print media, electronics

media, property exhibitions and promotional events under

various related Acts;

(h) “Form” means the form appended to these rules;

(i) “FSI or Floor Space Index means the built up area allowed

to be constructed on a piece of land by utilising zonal FSI,

premium FSI or FSI available under any incentive

schemes/regulations in accordance with the Building Rules

or Building By-laws or Development Control Regulations

made under any law for the time being in force;

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(j) Housing Appellate Tribunal means the Maharashtra Real

Estate Appellate Tribunal established under Sub Section 1

of Section 43 of the Act

(k) “Legal Practitioner” shall have the same meaning as is

assigned to it in the Advocates Act, 1961 (25 of 1993)

(l) “Limited common areas and facilities of a building”means

entrance hall, staircases, lift, common passages on every

floor, firefighting systems within building including fire

chute, service floors or terraces above the upper most floor

of the building but does not include utility areas,

(m) “Sanctioned Layout” means the _________________

(n) “Section” means Section of the Act

(o) “ongoing project” means project which has not received

completion certificate on or before commencement of The

Real Estate (Regulation and Development ) Act 2016

(p) TDR or “Transfer of Development Rights” means the FSI or

right to construct which is allowed to be transferred to or

transferred from a piece of land by local authority or the

Town Planning Authority in accordance with Building Rules

or Building Bye Laws or Development Control Regulations

made under any law for the time being in force;

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 (2A)Words and expressions used in these rules but not defined

hereinabove shall have the same meanings as respectively

assigned to them in the Act and wherever applicable, the

singular includes the plural or vice-versa

(a) information and documents for application to Authority

for registration under clause (m) of sub-section (2) of section

4;

3 Application for Registration of projects by Promoter:

1 Every Application for registration shall be submitted by

Promoter by himself or through his Authorised Representative

accompanied with his Passport size Photographs of Promoter

duly signed by Promoter in Form No. ____ to the Real Estate

Regulatory Authority of Maharashtra in Marathi or English

language for the registration of the project and for displaying it

on the website of the Housing Regulatory Authority alongwith the

fees as mentioned in Rule ____. The fees shall be paid through

NEFT or RTGS System at the time of filing of the online

application or through a Crossed Cheque or in cash alongwith an

application, at the time of submission, at the office of the Real

Estate Regulatory Authority of Maharashtra.

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2. For the ongoing project where the Occupation Certificate/

Building Completion Certificate/ Completion Certificateas the

case may be is still to be obtained, the Promoter shall himself or

through his Authorised Signatory submit an application duly

signed by him alongwith 2 passport size photographs in Form No.

___ for registration of the project application within a period of 90

days from the date of commencement of these Rules alongwith

necessary fees as mentioned in Rule _____.The fees shall be paid

through NEFT or RTGS System at the time of filing of the online

application or through a Crossed Cheque, Demand Draft, Pay

Orderor in Cash with an application, at the time of submission,

at the office of the The Real Estate Regulatory Authority of

Maharashtra.

(3) Every promoter shall make separate application for

registration of every for the construction of each phase, separate

building or group of building in case of Layout as may with The

Real Estate Regulatory Authority:

Provided that no such application shall be entertained where the

Promoter has no title to the land unless the Agreement between

the Owner of the Land and the Promoter, authorising the

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Promoter to undertake the construction of the building, is duly

registered.

Contents of the Application

3. The Promoter shall enclose the following documents with the

application for registration namely:-

(a) the promoter shall self certify and attach the following

documents alongwith the Application and shall produce the

original documents of the same for verification whenever so

directed by the The Real Estate Housing Regulatory Authority of

Maharashtra, namely :-

i. Name and Nature of Organisation/Promoter,

ii. In case of Company or Partnership or Joint Venture,Co-

operative Society, Firm, Association of Persons or body of

individuals whether incorporated or not, any such other entity,

Names and registered addresses of all the

directors/Partners/Office bearers of the Society along with their

respective DIN numbers, Telephone Nos, Email Address on which

official correspondence is to be communicated, Fax Number;

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iii. Detail description of land including the copy of land records of

developable or non-developable land , development plan remarks

with site plan;

iv. Details of the Agreement between the Owner of the land and

the Promoter authorising the later to undertake the construction

of the building (Copy of the Registered Agreement to be Annexed);

v. Nature of promoter’s title to the land including copy of the title

deed to be annexed alongwith the title Certificate regarding the

Land for which application is preferred by the promoter;

vi. Nature of encumbrances on the land, including the right, title,

interest or claim of any other person in or over such land (Details

of the cases pending before the Authorities or in Courts of Law

and their current status)

vii. Copy of Approvals and Commencement Certificate obtained

by the promoter in accordance with the laws for time being in

force;

viii. Specify whether the project is to be developed in phases or

otherwise;

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ix. In case the project is to be developed in phases then the

promoter shall submit the Approvals as well as Commencement

Certificate from the Competent Authority for the Phase to be

undertaken ;

xx. copy of Sanctioned Plan, Layout Plan and specifications of the

proposed project or the phase thereof, and the whole project as

sanctioned by the Competent Authority;

xi. the copy of plan of development works to be executed in

proposed project and proposed facilities to be provided thereof

including fire fighting facilities, drinking water facilities,

emergency evacuation services, use of renewable energy;

xii. the full address of the proposed development project

alongwith the land mark nearby.

xiii. the location details of the project alongwith clear details of

the land dedicated for the development project alongwith its

boundaries including the latitude and Longitude of the end

points of the project.

xvi. the Number of floors to be constructed in building and shall

also disclose Number of Apartments for sale in the project on

each floor, Carpet Area of such Apartments for Sale in the said

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project alongwith area of the Balcony and or Varandah or

exclusive open terrance area if any

xv. Disclose the number and areas of garages for sale in the

project.

xvi.) Names and addresses of the Civil Contractors, or turn key

contractor, or EPC Contrators, Structural Engineer of the project;

xvii) Names and addresses of Architect ,engineer, Chartered

Accountin practise or name of firm or company together with

their office addresses;

xix) Disclose the names and addresses of his real estate agents, if

any, for the proposed project alongwith their registration number

under RERA;

xx) Detailed technical specification of the construction of the

building/s as approved by the Competent Authority under any

law for the time being in force;

xxi) Estimate of the expenditure for the construction of the

building and the source from which such expenditure is sought

to be financed;

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xxii)details of financial agreement made with any bank or other

financial institution recognised by the Reserve Bank of India and

of legal safeguards taken, if any, for the construction of building,

or transfer of building by sale, gift or mortgage or otherwise

xxiii) copy of documents showing details of mortgage or any other

legal encumbrances created on land in favour of any bank or

financial institution recognised by the Reserve Bank of India

xxiv) the period within which the physical possession of the

apartment is to be handed over to allottee

xxv) Proforma of the Allotment Letter, Agreement for Sale and the

Conveyance Deed proposed to be signed with the Allottee as

prescribed in Form No. _____

Xxvi) details ofthe nature of the fixtures, fittings, amenities and

common areas, of the apartment, plot or building, as the case

may be, as approved by the Competent Authority

XxviI) file Structural Stability Certificate duly issued by Certified

Structural Consultant/engineer

xxx) details of insurance of title of the land and building as a part

of real estate project and construction of the real estate project

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and any other insurance as may be required by the law

xxviii). The Promoter shall file a declaration, supported by an

affidavit, which shall be signed by the promoter or any person

authorised by the promoter, stating:—

(A) that he has a legal title to the land on which the development

is proposed along with valid documents with authentication of

such title, if such land is owned by person other than the

promoter;

(B) that the land is free from all encumbrances, or as the case

may be details of the encumbrances on such land including any

rights, title, interest or name of any party in or over such land

along with details;

(C) the time period within which he undertakes to complete the

project or phase thereof, as the case may be;

(D) The time schedule for connecting the building in which the

apartment is proposed to be sold with the services such as

sewerage, water supply, electricity, drainage and the like as

applicable, subject to force mejure event;

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(E) The nature of the fixtures and fittings with regard to the

flooring and sanitary fittings and the provision of one or more

lifts to be provided with particulars in respect of the brand of

items of fixtures , fittings and lift if they are branded or otherwise

alongwith price range of items if not branded;

(F) The Particulars in respect of the design, type of concrete,

material to be used in the construction of the building and the

technology, pre fabricated, precise, earthquake resistance and

the like

(G) The Partituculars and numbers of Firefighting facilities,

drinking water facilities, emergency evacuation services, use of

renewable energy, rain water harvesting systems, solid waste

management, sewage treatment plant, Solar Plant

(H) that seventy per cent. of the amounts realised 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 of the project and the land

cost

(I)promoter shall forthwith give information regarding any legal

proceedings relating to the project if instituted before any legal

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authority or court of law and the order or directions if any issued

after registration of project by it relating to such project to the

Housing Regulatory Authority

(J) The promoter shall give an undertaking to the effect that he

shall submit statement of Account duly certified and signed by

the 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

(K) The promoter shall also give an undertaking to the effect that

he shall take all the pending approvals from the competent

authorities if any;

(L) The details of insurances obtained by the promoter regarding

title and construction of the project

(M) Shall give an undertaking in writing that promoter will inform

within 30 days regarding any change in ownership of promoter

Provided that , if there is any change of Civil Contractors, or turn

key contractor, or EPC Contrators, Structural Engineer

contractor, Engineer, Chartered Account or architect proposed to

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be engaged or actually engaged before or after the

commencement of the construction of any building, as the case

may be, the Promoter shall forthwith inform the Real Estate

Regulatory Authority of Maharashtra of the name and address of

such changed Contractor/s, Architect/s within 7 days from date

of effecting such change

Provided further that the details submitted as clause ( ) to ( ) and

and under Section ____shall be used only for the office purpose of

Real Estate Regulatory Authority

4. On receipt of the Application the Authority or, as the case

may be, the officer authorised by him shall enter the

particulars of the Application in the Register of Applications

to be maintained by the Authority in Form ____ and shall

give Serial Number to the Application and endorse on every

application the date on which it is presented and shall sign

endorsement.

5. The The Real Estate Regulatory Authority shall, within 30

working days from the date of receiving the application for

the registration of the Project from the Promoter , scrutinise

the Application and register the Project along with the

Promoter if it is satisfied that,-

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(a) the Project meets the criteria as laid down by the Act and

rules made thereunder,

(b) the Project has all the necessary permissions as

required under any law for the time being in force and is

in consonance with the provisions of the Act and rules

made thereunder and the regulations made by the

Housing Regulatory Authority; and

(c) the Promoter has appropriate financial, technical,

construction and management capacity to execute and

complete the proposed Project.

Provided further that if the Authority fails to grant the

registration or reject the application as the case may be, as

provided under Sub Section 1 of Section 5 of the Act, the project

shall be deemed to have been registered and the Authority shall

within a period of seven days specified under sub-Section (1),

provide a registration number and Login Id and Password to the

promoter for accessing the website of the Authority and to create

his web page and to fill therein the details of the proposed

project.

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(6) (a) The Housing Regulatory Authority shall grant

registration number to the Project along with the name of

the Promoter within 7 working days from the date of

approval granted for its registration.

(b) The Housing Regulatory Authority shall provide access

to the Promoter to its Website by issuing a login ID and a

Password for further uploading of all information as

required by the Act and Rules.

(c) The names of Promoter and the registered Project

shall be entered in a register to be maintained by the

Housing Regulatory Authority in such manner as may be

determined by it, by regulations.

(d) The Promoter, whose Project has been registered shall

be granted a Certificate of Registration in such form as may

be specified by the Real Estate Regulatory Authority by

regulations.

(7) The Real Estate Regulatory Authority may, without

prejudice to the generality of subrules (3) and (4), require

any guarantee, indemnity, undertaking or such other

security to be furnished by Promoter before granting

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 Certificate of Registration as may be deemed necessary to

satisfy itself in respect of the requirements contemplated in

sub-rules (3) and (4).

Refusal to Registration of the Project

(8)(a) If the Housing Regulatory Authority, on receipt of

application for registration of the Project, is of the opinion

that the registration shall be refused for non submission of

necessary documents alongwith the Application or

incomplete Application, it shall issue a notice to the

Promoter in writing mentioning details of documents which

are not submitted alongwith the Application and give such

time as the Authority may deem fit and proper for

submission of the documents and completion of Application;

(b) If the promoter fails or neglect to submit the necessary

documents called by the Authority within period stipulated

in the notice then the Authority shall after giving

opportunity of hearing to the promoter refuse the grant

registration of the project.

(C) If the Authority, on receipt of application for registration

of the Project, is of the opinion that the registration shall be

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 refused it shall issue a notice to the Promoter in writing

mentioning its intention to reject the application and the

reasons therefor calling upon promoter to give reasons as to

why his registration shall not be refused on the grounds

mentioned in the notice within period specified in the notice;

(d) The Promoter shall file his reply to notice within time

stipulated in the said notice through himself or through his

Authorised Representative or Legal Representative

(e) Pending consideration of the Application for

registration of project by the Authority, the Promoter shall

not make any advertisement for sale of Project or create any

third party interest in the project

(10) If the Authority on considering the representations of the

Promoter, is of the view that the Promoter has not met the

requirements of section 4 of the Act or Rules satisfactorily, it

shall reject the application by a assigning reasons and

convey its decision to Promoter so also to the concerned

authority who has sanctioned the project under any law for

the time being in force;

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(11) If the Application for registration of the Promoter is accepted

by the Authority thenthe copy of certificate of registration

under this rule shall be sent by the authorised officer of the

Authority to the Promoter as well as the concerned authority

who has sanctioned the plan for construction of building

under any law for the time being in force.

(12) If the Application preferred by the promoter is allowed by

the Authority then the Authority shall alongwith the

issuance of Registration Certificate also provide the

Promoter Its unique Login Id and Password for the website.

(13) The Registration and the Login Id as well as Password

granted to the promoter will be valid for a period declared by

the promoter for completion of the project or the phase

thereof as the case may be;

(14) The Promoter shall enter all the required documents, plans

and information of the Project registered with the Real

Estate Regulatory Authority on the Website of the Authority

within a period of 15 days from the date of receipt of the

Login ID and Password from the Authority.

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(15) Manner of making disclosure by Promoters.– (1) The

Promoter shall display or keep all the documents, plans and

specifications (or true copies thereof) referred to in clauses

_______ and ____ of sub-section ___ of section ___ at the Site

of Project and at the Registered Office of the Promoter and

permit inspection thereof to the person intending to

purchase or invest in registered project of the promoter.

Such person may ask the Promoter all relevant questions for

seeking further information or clarification in respect of any

documents or plans and specifications or such matter as is

required to be disclosed,produced or furnished by or under

the provisions of the Act; and the Promoter shall be legally

bound to answer all such questions and provide such

clarifications to the best of his knowledge and belief.

Further the Promoter for the purposes of making disclosure

of any documents or specifications of plans referred to in

section 3 or prescribed or demanded thereunder may also

be requested to produce the original of such document if so

demanded, in writing by the person intending to purchase

one or more flats/apartments or plots as the case may be.

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(2) The Promoter shall also make the disclosures referred to in

clauses _____ of sub-section ____ of the said section ____

before the persons intending to purchase one or more

Apartment in the project and also disclose the draft of

Agreement for Sale.

(3) The Promoter shall also give detailed and self-certified

information such as his ongoing Project details, completed

Project details, Project wise information of bookings or any

other information, if so demanded in writing by the

intending Purchaser.

15 Application for extension of time for completion of

Project:

(A)The Application for extension of time for completion of

project under Section 6 of the Act may be preferred in

writing, by the Promoter or by his Authorised Representative

or by his duly authorised legal practitioner specifying the

grounds of “force majeure” or any other grounds as may be

specified by the promoter in such format and on payment of

such fees as may be determined by the Authority by

regulations

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(B) On receipt of such Application the Authority may either

allow or reject the said Application after giving opportunity

of hearing to the Promoter, or his Authorised Representative

or his duly authorised legal practitioner on its own merits,

by reasoned order to be passed within 60 days from the date

of receipt of such Application.

(C) Pending such Application promoter will not be entitled to

sale any apartment/flat/plot

16. Application for TRANSFER / ASSIGNEMENT OF

RIGHTS/JOINT VENTURE/ TRANSFER OF ASSETS AND

LIABILITIES OF PROMOTER OR ITS

PARTNER/DIRECTOR OR MEMBER AS THE CASE MAY

BE

A) Every Promoter desiring to effect amalgamation, transfer of

assets and liabilities, division or of the project shall make an

application to the Authority in that behalf, giving full details

about such transfer, division or

B) On receipt of such application, the Authority may, after

examining the details furnished in the application and other

particulars which he may call upon the Prmotoer to furnish,

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 give his approval

to the amalgamation, transfer, _______ if he considers such

amalgamation, transfer, division or conversion, as the case

may be, to be in the interest of the development of the

Project.

C) While according its approval the Authority shall shall give

written notice to all Allottees, creditors and other persons

whose interests are likely to be affected by such transfer.

The notice shall also be published in at least two newspaper

in circulation in the district in which the project is situated

and a copy thereof shall be exhibited on site of the Project

as well

17. Procedure on completion of Project or Phase

(A) the Promoter shall submit an application to the Registrar for

registration of the Co-operative Housing Society or the

Company or any other Legal Entity, within three months

from the date on which the occupation certificate in respect

of such building, or project or is issued or a minimum of

sixty per cent of the total Apartment owners in such project

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 have taken possession and the Promoter has received the

full consideration from such Allottees, whichever is later.

(B) Where a Promoter is required to form an Apex Body either

as a federation of separate and independent Co-operative

Housing Societies or Companies or any other Legal Entities

or as a Holding Company of separate and independent Co-

operative Housing Societies or companies or any other Legal

Entities, 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 form of

Federation or Holding entity consisting of all such entities in

the Layout formed as per rule ___ herein above. Application

shall be made within a period of three months from the date

of the receipt of the occupation certificate of the last of the

building which was to be constructed in the Layout.

19. Period for Conveyance of title of Promoter to organization of

Apartment Owners in case of only one building. – If no

period for conveying the title of the Promoter to the

organization of the Apartment Owners is agreed upon, the

Promoter shall (subject to his right to dispose of the

remaining Apartments, if any) execute the conveyance

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 within three months from the date on which the Co-

operative society or the company is registered or, as the

case may be, the association of the Apartment owners is

duly constitute and where no period for conveying the title

of the Promoter in respect of an apartment to each

apartment taker is agreed upon, the Promoter shall execute

the conveyance or deed of apartment in favour of each

apartment owner within three months from the date of the

possession of the apartment has been handed over.

19. Rights of Promoter and associations consequent to

change in law or policy of Government or Local Self

Government Institution.—

Notwithstanding anything contained in this Rules, the

promoter shall be entitled to develop and continue to

develop the land belonging to the Promoter in the Lay out

remaining after the execution conveyance in favour of one or

more building/phase of the real estate project with the right

to use the internal access roads and all the facilities,

amenities and services in the Layout and to construct

additional structures thereon by using the balance Floor

Space Index and balance transfer of development right and

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 balance additional floor Space Index and Transfer of

Development Rights relating to the said Layout consequent

to any future increase in floor Space Index and or Transfer

of Development Rights or Additional Floor Space Index

occurred due to change in the law or the policies of the

Government or the Local Self Government Institutions:

Provided that if the floor Space Index of the plot in a Layout

is increased as stated above, subsequent to conveyance of

any one or more Building/ Phase to allottees, then increase

in floor Space Index, Transfer of Development Rights,

Additional Floor Space Index which is proportionate to the

floor Space Index utilised by the conveyed building/ Phase

to total floor Space Index and Transfer of Development

Rights and Additional Floor Space Index of the Layout, shall

belong to the association of allottees and it shall not be

necessary for the promoter to obtain any consent or

permission from the association for the purpose of utilising

the balance floor Space Index and Transfer of Development

Rights and or Additional Floor Space Index.

19. The Promoter shall file with the Competent Authority a copy

of the conveyance executed by him under sub-section ___ of

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 section ___ within a period of two months from the date of

its execution.

20. Period for Conveyance of title of Promoter to organization of

Apartment Owners in case of Layout:- (1) 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 organization of the Apartment

Owners is agreed 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 within four months from the date on which the

Co-operative society or the company is registered or, as the

case may be, the association of the Apartment Owners is

duly constituted.

7. PROCEDURE FOR DECIDING THE COMPLAINT U/S 31 of

the ACT.-

(1) The Complaint u/s 31 of the Act shall be filed accompanied

by fee as may be decided by Authority by regulation.

(2) Every Complaint filed under Section 31 of the Act shall set

forth concisely under distinct heads, the grounds for such

28 of 59
 complaint and such grounds shall be numbered

consecutively

(3) The Complaint shall be accompanied by all such documents

relied upon by the Complainant and those referred in the

Complaint

(4) Where the complaint is filed by a Legal Practitioner the

same shall be accompanied by a duly executed

Vakalatnama

(5) The promoter may file reply to the complaint along with the

documents relied upon within such period as may be

stipulated in the notice

(6) Where the reply is filed by a Legal Practitioner on behalf of

the Promoter, the same shall be accompanied by a duly

executed Vakalatnama

(7) If the promoter fails to file the reply on the date stipulated in

the notice, the Authority shall proceed hear the complaint

on merits and pass appropriate order

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(8) The Authority shall notify the parties the date and place of

hearing of the Complaint in such manner as the Authority

may by general and or special order direct.

(9) Every order of the Authority shall be in writing and shall be

duly signed and dated by the Authority

(10) Every order passed shall be communicated to the

Complainant and to the promoter either in person or by

registered post.

(11) If the Housing Regulatory Authority, on considering the

representations of the Promoter, is satisfied that the

registration of the Project be cancelled, it shall cancel the

registration of the Project and convey its decision to such

Promoter.

(b) the form and manner of making application and fee and

documents to be accompanied with such application as

under sub-section (2) of section 9;

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(c) the period, manner and conditions under which the

registration is to be granted under sub-section (3) of section

9;

(d) the validity of the period of registration and the manner

and fee for renewal under sub-section (6) of section 9;

7. Registration of the Agents of the Promoter.-

(1) For the purpose of effective disclosure as required under Sub

Section 2 of Section 9, every Agent of the Promoter shall make an

application to the Housing Regulatory Authority for registration

in form No. _____ accompanied by such fees more particularly

mentioned in Rule No. _____.

(2) The Agent shall submit copy of Agency Agreement

between the Promoter and Agent

(3) The Agent shall submit details of projects if any for which

he has acted as agent in last 5 years before the date of

submission of form for registration

(4) The Agent shall disclose if there are any civil or criminal

cases pending against him

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(8) The Housing Regulatory Authority, as per regulations

satisfying itself of the fulfillment of such conditions,—

(a) accept the application and grant registration to the Agent;

(b) reject the application for registration of the Agent for reasons

to be recorded in writing: Provided that, no application for

registration of an Agent shall be rejected unless the applicant has

been given an opportunity of being heard in the matter by the

Housing Regulatory Authority.

(3) Every registered Agent of the Promoter shall be granted a

registration number by the Housing Regulatory Authority, which

shall be quoted on the voucher or receipt given by the Agent in

every transaction of sale facilitated by him on behalf of the

Promoter.

(4) No Agent shall facilitate the transaction of sale for purchase of

Apartment without obtaining registration number from the

Housing Regulatory Authority.

(5) Every registration of Agent of the Promoter shall be valid

initially for 3 years from the date of certificate of registration of

the Project of the Promoter, and shall be renewable for such

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period in such manner and on payment of such fees as may be

determined by the Housing Regulatory Authority by regulations.

(6) Where any Agent who has been granted registration number

commits breach of any of the conditions thereof or any other

terms and conditions specified under these rules or regulations

made thereunder, or where the Housing Regulatory Authority is

satisfied that such registration has been secured by the Agent

through misrepresentation or fraud, Housing Regulatory

Authority may, without prejudice to any other provisions under

the Act, on an application from the Promoter or Allotte or suo

moto revoke the registration or suspend the same for such period

as it thinks fit and inform the Promoter: Provided that, no such

revocation or suspension shall be made by the Housing

Regulatory Authority unless an opportunity of being heard has

been given to the Agent.

(e) the maintenance and preservation of books of account,

records and documents under clause (b) of section 10;

(f) the discharge of other functions by the real estate agent

under clause (e) of section 10;

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8. Functions of the Agent.- Every Agent registered under rule

shall—

(a) not facilitate the sale or purchase of any plot, Apartment or

building as the case may be, in the real estate Project or part of it

, being sold by the promoter in any planning area which is not

registered with the Housing Regulatory Authority;

(b) maintain and preserve such books of account, records and

documents as prescribe by regulations of the Housing Regulatory

Authority;

(c) not involve himself in any unfair trade practices, namely:—

(i) the practice of making any statement, whether orally or in

writing or by visible representation which—

(A) falsely 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;

(C) makes a false or misleading representation concerning the

services which the Promoter does not have;

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(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;

(d) 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 or as the case may be;

(e) discharge such other functions as prescribed by the

regulations of the Housing Regulatory Authority.

9. Maintainence of books of accounts, records and

documents

9. The Agent shall maintain the register of Allottees in Form

____ and Form ___ respectively, and the statement indicating

person wise receipts and disbursement in respect of sums

accepted as advance from the Allottees and the statement

indicating purpose wise receipts in respect of sums accepted

as advance or commission and shall be in Form ______

respectively

(g) the rate of interest payable under section 12;

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(h) the form and particulars of agreement for sale under sub-

section (2) of section 13;

Particulars to be contained in Agreement. – The Promoter shall,

before accepting any advance payment or deposit, enter into

Agreement with the Allottee in Form ____ containing the

particulars specified under section ____ and shall attach thereto

the copies of the documents specified in clause ____ of sub-

section ___ of section _____.

(i) the rate of interest payable under clause (b) of sub-section

(1) of section 18;

(j) the rate of interest payable under sub-section (4) of

section 19;

(k) the rate of interest payable under sub-section (7) of

section 19;

The rate of interest payable by the Promoter to the allottees for

the purposes of Section 12 of the Act , clause (b) of sub-section

(1) of section 18 and under Sub-section (4) of Section 19 and

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under sub-Section (7) of Section 19 , on the amount to be paid by

the Promoter to the allottee shall be the prevailing rate of interest

fixed by the State Bank of India for the similar amount of deposit

payable as on 1 st January of the year in which such refund is

due, or 18% p.a., whichever is lower;

(l) the manner of selection of Chairperson and Members of

Authority under section 22;

1. For the purposes of appointment to the post of a Chairperson

and other members of the Authority there shall be a Selection

Committe consisting of

i) Chief Justice of Bombay High Court or Judge of Bombay

High Court as nominated by the Chief Justice of High

Court

ii) The Sectretary to the State of Maharashtra in the

Department of Housing

iii) The Sectretary to the State of Maharashtra in the

Department of Law and Justice

2.The Chief Justice of Bombay High Court or Judge of Bombay

High Court shall be the Chiarman of the Selection Committee

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 3. three members of the Committee including the Chairman

shall form a quoram for meeting of the Committee.

4. The Selection Committee may devise its own procedure

including interview for selection and appointment of

Chairperson and members:

Provided that the procedure of interview shall not apply in

case of a Judge of a High Court nominated by the Chief

Justice of such High Court.

5. The Selection Committee shall recommend persons for

appointment of Chairperson,-

(i ) From amongst the persons from the list of candidates prepared

by the Ministry of Finance after inviting necessary

applications; and

(ii) from amongst the Judges of High Court nominated by the

Chief Justice of High Court

6. The State Government shall on the basis of the

recommendations of teh Selection Committee make a list of

persons selected for appointment as (Chairperson) and the

said list shall be valid for a period of two years. The

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 appointment of a ( Chairperson) shall be made from the list

so prepared.

7. Medical Fitness:- No person shall be appointed as a

Chairperson or member unless he is declared medically fit

by a Medical Board to be constituted by the State of

Maharashtra for the purpose unless he has been already

declared fit by an equivalent authority

8. Saving.- Nothing in these rules shall affect reservations,

relaxation of age limit and other concessions required to be

provided for the Scheduled Castes, Scheduled Tribes, other

Backward Classes, ex-servicemen and other special

categories of persons, in accordance with the orders issued

the State of Maharashtra from time to time in this regard

9. Oath and Office and Secrecy- Every person appointed to the

Chairperson under Section ___ of the Act shall, before

entering upon his office, make and subscribe an oath of

office and secrecy in the form _____ annexed to these rules.

(m) the salaries and allowances payable to, and the other

terms and conditions of service of, the Chairperson and

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other Members of the Authority under sub-section (1) of

section 24;

(n) the administrative powers of the Chairpersons under

section 25;

The Chairperson shall have power of General Superitendence

and directions in conduct of the affairs of the Authority and

in addition to presiding over the meetings of the Authority ,

exercise and discharge administrative powes and functions of

the authority

The Chairman shall have the same powers as are conferred

on a Head of Department in respect of General Financial

Rules,

(p) the details to be published on the website as under clause

(b) and under clause (d) of section 34;

The Authority shall on its website displaydistrict wise:-

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(a) names and registration numbers of the Promoters, Directors,

Members, Trustees or Partners of such Companies, Corporations,

Trusts, Partnership Firms or Sole Traders;

(b) the number of Apartments held by such Promoters;

(c) the number of Complaints received from Flat Purchasers and

requiring on-site conciliation ;

(d) the grading of those Promoters; and

(e) any other information deemed appropriate to assist intending

Purchasers to assess the track record of a Promoter.

(3) The Housing Regulatory Authority shall provide access to the

information database of the Promoters and their Projects referred

to in sub-rules __ and ___

(a) Free of charge where this access is for the bona fide use of

such information by a apartment Purchaser for own non-

commercial use;

(b) Free of charge to Mortgagees, Conveyancers and Registered

Housing Societies to assist them to meet their obligations in

terms of section ___ of the Act, and

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(c) in any other case, on payment of the fees as applicable and

payable under the Right to Information Act, 2005.

(q) the additional functions which may be performed by the

Authority under clause (iv) of sub-section (2) of section 35;

(r) the manner of recovery of interest, penalty and

compensation under sub-section (1) of section 40;

(s) the manner of implementation of the order, direction or

decisions of the adjudicating officer, the Authority or the

Appellate Tribunal under sub-section (2) of section 40; Power

of appropriate Government to make rules.

(t) recommendations received from the Central Advisory

Council under sub-section (2) of section 42;

(u) the form and manner and fee for filling of appeal under

sub-section (2) of section 44;

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(v) the manner of selection of Members of the Tribunal under

sub-section (3) of section 46;

(w) the salaries and allowances payable to, and the other

terms and conditions of service of, the Chairperson and

other Members of the Appellate Tribunal under sub-section

(1) of section 48;

(o) the salaries and allowances payable to, and the other

terms and conditions of service of, the officers and other

employees of the Authority under sub-section (2) of section

28;

16. Salaries, Allowances and other Conditions of Services of

the Chairperson and Members of the Housing Regulatory

Authority and Housing Appellate Tribunal.-

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(x) the procedure for inquiry of the charges against the

Chairperson or Judicial Member of the Tribunal under sub-

section (4) of section 49;

(y) the salaries and allowances payable to, and the other

terms and conditions of service of, the officers and

employees of the Appellate Tribunal under sub-section (3) of

section 51;

(a) Pay and allowance to Chairperson and Members-.(1)(i) The

Chairperson of the Housing Appellate Tribunal and Housing

Regulatory Authority shall be paid a salary of Rupees Ninety

Thousand per month.

(ii) The Chairperson of the Housing Regulatory Authority and the

Housing Appellate Tribunal shall be entitled to receive Dearness

Allowance and other allowances at the rate as are admissible to

the serving officers of the corresponding grade of the Indian

Administrative Service or serving Judge of the High Court:

Provided that, when the Chairperson is a past member of the

Union Service or of any State Service the sum of total of his pay

and allowances and the amount of pension due to him shall not

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exceed the amount of last pay drawn by him while he was in

such service

(2) The Members of the Housing Regulatory Authority and the

Housing Appellate Tribunal shall be paid a salary of Rupees

__________ Thousand per month. The Members shall be entitled

to Dearness Allowance and other Allowances at the same rate as

are admissible to a member of the corresponding grade of the

Indian Administrative Services: Provided that, when the member

is a past member of the Union Service of any State Service, the

sum total of his pay and allowance and the amount of pension

due to him shall not exceed the amount of last pay drawn by him

while he was in such service.

(b) Accommodation to Chairperson and Members.- (1) The

Chairperson of the Housing Regulatory Authority and Housing

Appellate Tribunal shall, throughout his term of office and

immediately thereafter for a period not exceeding 30 days be

entitled to an Official Residence free of rent, i.e. a flat

admeasuring ______ square feet, or of more area, subject to the

maximum limit of _______ square feet as may be made available

to them by the State Government.

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(2) The Member of the Housing Regulatory Authority and Housing

Appellate Tribunal shall, throughout his term of office and

immediately thereafter for a period not exceeding 30 days be

entitled to an Official Residential accommodation, free of rent, of

the equal area admissible to a member of the Indian

Administrative Service of the corresponding grade in the State

Government: Provided that, in the event of such accommodation

not being available for any reason, the State Government may

take a suitable accommodation on lease for such members of the

Housing Regulatory Authority and Housing Appellate Tribunal:

Provided further that, if a Chairperson or a Member of the

Housing Regulatory Authority and Housing Appellate Tribunal is

staying in his own accommodation, he shall be paid a House

Rent Allowance at the same rate admissible to the officers or to a

member of the Indian Administrative Service of the corresponding

grade in the State: Provided also that, for any overstay beyond

the permissible limit of thirty days, a Chairperson or a Member

shall be liable to pay rent and other charges calculated in

accordance with rules applicable in that behalf to the member of

the Indian Administrative Service of the corresponding grade in

the State.

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Explanation.- For the purpose of this rule,-

(i) "Official Residence" means an accommodation owned or taken

on lease or requisitioned or otherwise, by the State Government;

(ii) "Rent" shall not include Water and Electricity Charges.

(c) Leave.-

(1) The Chairperson and Member shall be entitled to a leave as

follows:-

(i) Earned Leave of Thirty days for every completed year of service

in the Housing Regulatory Authority and Housing Appellate

Tribunal or a part thereof:

Provided that, the leave account shall be credited with

Earned Leave, in advance, in two instalments of Fifteen days

each on the first day of January and July respectively, of every

calendar year:

Provided further that, the leave account at the credit of the

close of previous half-year shall be carried forward to the

next half-year subject to the condition that the leave so

accrued including the leave credited in accordance with the

first proviso shall not exceed three hundred days.

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(ii) Half Pay Leave on medical certificate of Twenty days in respect

of each completed year of service. The leave salary for Half Pay

Leave shall be equivalent to half of the leave salary admissible

during the Earned Leave:

Provided that, the leave accrued shall be credited with Half

Pay Leave in advance in two instalments of ten days each on the

first day of January and July respectively, of every calendar year:

Provided also that, such Half Pay Leave may be commuted

to Full Pay Leave (twice of Half Pay Leave) at the discretion of the

Government, provided it is taken on Medical Ground and is

supported by a Medical Certificate by a registered Medical

Practitioner.

(iii) Casual Leave and other leave as admissible to a member of

the Indian Administrative Service of the corresponding grade in

the State.

(2) Any leave at the credit of the Chairperson or a Member shall

lapse on the date on which such Chairperson or Member vacates

his office:

Provided that, the leave shall not lapse, if such Chairperson

or Member has,-

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(i) applied for leave and the same has been refused; or

(ii) ascertained, in writing, from the sanctioning authority that

the leave, if applied for, will be refused on the ground of the

necessity of public services.

(3) Notwithstanding anything contained in sub-rule (2) or the

Maharashtra Civil Services (Leave) Rules, 1981, a Chairperson

and a Member shall be entitled to an allowance equivalent to the

Earned Leave to his credit, on the date on which he vacates his

office, subject to the condition that, the payment of allowance

equivalent to the leave salary shall be limited to Earned Leave for

a maximum of one hundred and fifty days. The leave salary shall

be paid on full in lump sum, as one time settlement, upon

vacating the office.

Explanation.- For the purpose of computation of such allowance,

the compensatory local allowance or the house rent allowance

shall not be counted.

(d) Leave sanctioning authority.- Leave sanctioning authority in

case of,-

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(a) the Chairperson of the Housing Regulatory Authority and

Housing Appellate Tribunal, shall be the Minister-in-charge of the

Housing Department of the State Government; and

(b) the Member of the Housing Regulatory Authority and Housing

Appellate Tribunal, shall be the Chairperson.

(e) Pension and Gratuity.- (1) The Chairperson or, as the case

may be, the Member, shall not be entitled for pension for the

period of service rendered by him on the Housing Regulatory

Authority and Housing Appellate Tribunal.

(2) The Chairperson and the Member, shall be entitled to the

benefit of gratuity at the rate of thirty days of pay for each

completed year of service on the Housing Regulatory Authority

and Housing Appellate Tribunal:

Provided that, such Chairperson and Member should have

completed a minimum of two years of service on the Authority to

be entitled for gratuity:

Provided further that, no gratuity shall be payable to the

Chairperson or the Member on his removal from the office on any

of the grounds specified in clause (a), (b), (c), (d) or (e) of sub-

section (1) section 26 of the Act.

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(f) Conveyance- (1) Chairperson and a Member shall be provided

with a chauffeur driven car for official purpose at the cost of the

Authority:

Provided that, in the event the official vehicle is not available

for any reason, a Chairperson and a Member may, for the

purpose of travel in connection with his duty at the

headquarters, shall be entitled to the reimbursement of the taxi-

fare incurred.

(2) A Chairperson and a Member shall be permitted to use

that car provided to him for his private purpose on the same

terms and conditions as applicable to a member of the Indian

Administrative Service of the corresponding grade in the State

Government.

(g)Travelling Allowance.- (1) The Chairperson and the Member

while on tour (including the journey undertaken or any expiry of

his term to proceed to his hometown) shall be entitled to

travelling allowances, daily allowance, transportation of personal

effects and other similar matters at the same rate as applicable to

a member of the Indian Administrative Service of the

corresponding grade in the State: Provided that, in the event of

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Government accommodation not being available, the daily

allowance on the basis of actual expenditure incurred by such

Chairperson or a Member, supported by necessary vouchers, may

be granted:

Provided further that, the Chairperson and Member shall be

entitled to a daily allowance for the entire period of absence from

the headquarter of the Authority, the absence being reckoned

from the time of departure from the headquarter till the time of

return.

(2) A Chairperson and Member shall be entitled to Leave

Travel Concession (L.T.C.) at the same rate as are applicable to a

member of the Indian Administrative Service of the corresponding

grade in the State.

(3) A Chairperson and Member shall not go on foreign tour

for his official purpose, unless he has obtained prior permission

of the Minister-in-charge of the Housing Department of the

Government. In addition to the same he shall obtain clearance

from the Central Government, as applicable to the officers of the

Indian Administrative Service or members of the corresponding

grade in the State.

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(h) Telephone facilities. - The Chairperson and the Member shall

be provided with a telephone with S.T.D. and I.S.D. facilities at

his residence, at the cost of the Authority. He may be permitted

to retain the same for a maximum period of two months, after he

has vacated his office.

(i) Medical Treatment.- The Chairperson and the Member shall be

entitled to medical treatment and reimbursement of medical

expenses as applicable to an officer of the State Government of

the corresponding grade in the State as per Maharashtra State

Medical Attendance Rules, 1961 and the Orders of the

Government issued, from time to time.

(j) Expenses on official meetings and entertainment allowance.-

(1) The Chairperson may authorize expenses to be incurred by

the Authority in meetings in which tea, coffee, and refreshment

might be provided as per norms of the State Government.

(2) The Chairperson may authorize reasonable expenses on the

entertainment of visitors to the Authority as per norms of the

State Government.

(k) Other allowance.- The Chairperson and the Member of the

Housing Regulatory Authority and Housing Appellate Tribunal

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shall be entitled to such other allowance as are applicable to a

member of the Indian Administrative Service of the corresponding

grade in the State Government.

(l) Miscellaneous.- In case of any doubt regarding interpretation

of the Rules or when express provision has not been made in the

Rules about a particular matter, the same shall be referred to the

Government whose decision shall be final.

(z) any other powers of the Tribunal under clause (h) of sub-

section (4) of section 53;

(za) the powers of the Chairperson of the Appellate Tribunal

under section 54;

(zb) the terms and conditions and the payment of such sum

for compounding of the offences under section 70;

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(zc) the manner of inquiry under sub-section (1) of section

71;

(zd) the form to be specified in which the Authority shall

prepare a budget, maintain proper accounts and other

relevant records and prepare an annual statement of

accounts under sub-section (1) of section 77;

(ze) the form in which and time at which the Authority shall

prepare an annual report under sub-section (1) of section 78;

1. The Authority shall prepare once in every year , in form

_____ every year _______

(zf) any other matter which is to be, or may be, prescribed,

or in respect of which provision is to be made, by rules

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Fees for Registration of the Project by the Promoter with the

Housing Regulatory Authority.- The following fees, alongwith the

application for registration of the Project and for displaying the

Project on the Website of the Housing Regulatory Authority under

subsection (1) of section 4, shall be paid by the Promoter :-

(1) A-Class Municipal Corporation = Rs. __________

(2) B-Class Municipal Corporation = ___________

(3) C-Class Municipal Corporation = _________

(4) D-Class Municipal Corporation = _________

(5) A-Class Municipal Council = Rs. ___________

(6) B-Class Municipal Council = Rs. _______

(7) C-Class Municipal Council = _____________

8) Nagar Panchayats = Rs. ________

(9) Gram Panchayat = Rs. ____________

(10) Special Planning Authority Area/ Township Project /Regional

Plan Area =___________ . Explanation.- The Fees of Registration

would be levied for every single building Project or every phase of

a multiple building or layout Project.

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Fees for Appeals to be made before the Housing Appellate

Tribunal.-

For the Appeals under sub-section ___ of section ____ against the

orders of the Housing Regulatory Authority and the Competent

Authority, the Appeal Memo shall be accompanied by a fee of

rupees five thousand. The fees shall be paid through NEFT or

RTGS System at the time of filling the online application or

through a crossed cheque with the appeal memo at the time of its

submission at the office of the Housing Appellate Tribunal.

Maintenance and Inspection of Records of Housing Regulatory

Authority and the Housing Appellate Tribunal .-

(a) The records of the Housing Regulatory Authority shall be kept

in the custody of the Secretary of the Housing Regulatory

Authority and records of the Housing Appellate Tribunal shall be

kept in the custody of the Registrar of the Housing Appellate

Tribunal. All Appeal, Applications, Notices, Roznama, Orders etc.

shall be preserved, and administered as per the provisions of the

Maharashtra Public Records Act, 2005 (Mah. IV of 2006) and the

Maharashtra Public Records Rules, 2007.

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(b) The records of the Housing Regulatory Authority and the

Housing Appellate Tribunal will be available for inspection to any

person who has a right to inspect records under provisions of the

Indian Evidence Act, 1872, or under any other law for the time

being in force, and to obtain copies of any records of the Housing

Regulatory Authority and Housing Appellate Tribunal. The

concerned person shall make a specific application in writing to

the Secretary in case of Housing Regulatory Authority and the

Registrar in case of the Housing Appellate Tribunal. Further, no

Inspection of Record of the Housing Regulatory Authority and

Housing Appellate Tribunal shall be allowed except in presence of

an officer, so authorized by the Housing Regulatory Authority

and Housing Appellate Tribunal.

Miscellaneous provisions for Housing Regulatory Authority and

Housing Appellate Tribunal.- The Housing Regulatory Authority

and Housing Appellate Tribunal may from time to time issue

Orders or Circulars, not inconsistent with the provisions of the

Act, and the rules made thereunder, with regard to the

implementation of these rules. However, such Orders or Circulars

may be set aside by the State Government, if they are repugnant

to the Act or rules framed by the State Government

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