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GOVERNMENT OF KARNATAKA

No:DOH 109 KHB 2017 Karnataka Government Secretariat

Vikasa Soudha, Bangalore,
Dated:10-07-2017

NOTIFICATION

Whereas the draft of the the Karnataka Real Estate (Regulation and
Development) Rules, 2016 was published vide Government Order No. DOH 128 KHB
2016, dated: 24th October, 2016, in part I of the Karnataka Gazette( Extra Ordinary
Number 1193), dated 24th October, 2016 inviting suggestions from all persons likely
to be affected thereby within fifteen days from the date of its publication in the
Official Gazette.

And whereas, the said Gazette was made available to public on 24th October,
2016.
And whereas, suggestions have been received and considered by the State
Government;
And whereas, the Government of India vide S.O No.3347, dated 28th October
2016 had made the order for removing certain difficulties in implementing the
provisions of the Act.

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section

84 of the Real Estate (Regulation and Development) Act 2016 (Central Act 16 of 2016)
the Government of Karnataka hereby makes the following rules, namely:-

RULES
CHAPTER I
PRELIMINARY
1. Title and Commencement.- (1) These rules may be called the Karnataka
Real Estate (Regulation and Development) Rules, 2017.

(2) They shall come into force from the date of their publication in the Official
Gazette.
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2. Definitions.- (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) "Association of allottees" means a collective of the allottees of a real estate
project by whatever name called registered under any law for the time being
in force, acting as a group to serve the cause of its members and shall
include the authorized representatives of the allottees;
(c) “Co-operative Society” means a society registered or deemed to be registered
under the Karnataka Co-operative societies Act, 1959 (Karnataka Act 11 of
1959);
(d) “Form” means a form appended to these rules; and
(e) “Section” means a section of the Act.
(2) Words and expressions used herein and not defined, but defined in the Act,
shall have the same meaning respectively assigned to them in the Act.
CHAPTER II
REAL ESTATE PROJECT
3. Information and documents to be furnished by the promoter for
registration of project.- (1) The promoter shall furnish the following additional
information and documents, along with those specified in sub-section (2) of Section 4
of the Act for registration of the real estate project with the regulatory authority
namely:-
(a) self attested copy of the PAN card of the promoter;

(b) 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 auditor report of the promoter for the immediately
preceding three financial years;

(c) the number of parking slots available in the said real estate project;

(d) authenticated copy of the 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 the title.
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(e) the details of encumbrances on the land for which permission given under
section 109 of the Karnataka Land Reforms Act, 1961 if applicable, the
Certified copy of the conversion order under section 95 of the Karnataka
Land Revenue Act, 1964 and permission of change in land use granted
under section 14 of the Karnataka Town and Country Planning Act, 1961, if
applicable on which development is proposed including any rights, title,
interest or name of any party in or over such land along with details;

(f) where the promoter is not the owner of the land on which development is
proposed details of the consent of the owner of the land along with self
attested 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 and copies of title and other
documents reflecting the title of such owner on the land proposed to be
developed; and
(g) name, photograph, contact details and address of the promoter if it is an
individual and the name, photograph, contact details and address of the
chairman, partners, directors, as the case may be, and the authorised
person in case of other entities.
(2) An application to the Authority for registration of the real estate project shall
be made in writing in Form ‘A’, in triplicate, until the procedure is made web based
for filing of such application.

(3) The promoter shall pay a registration fee at the time of application for
registration by way of a demand draft or a bankers cheque drawn on any scheduled
bank or a Co-operative Bank or through online payment mode, as the case may be,
for a sum calculated at the rate of,-
(a) in case of group housing project,- five rupees per square meter for
projects where the area of land proposed to be developed does not exceed
one thousand square meters; or rupees ten per square meter for projects
where the area of land proposed to be developed exceeds one thousand
square meters, but shall not be more than five lakhs rupees;
(b) in case of mixed development (residential and commercial) project,- ten
rupees per square meter for projects where the area of land proposed to
be developed does not exceed one thousand square meters; or fifteen
rupees per square meter for projects where the area of land proposed to
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be developed exceeds one thousand square meters, but shall not be more
than seven lakhs rupees;
(c) in case of commercial projects,- twenty rupees per square meter for
projects where the area of land proposed to be developed does not exceed
one thousand square meters; or twenty five rupees per square meter for
projects where the area of land proposed to be developed exceeds one
thousand square meters, but shall not be more than ten lakhs rupees;
and
(d) in case of plotted development projects,- five rupees per square meter,
but shall not be more than two lakhs rupees.

(4) The declaration to be submitted under clause (l) of sub-section (2) of section
4, shall be in Form-B, which shall include a declaration stating that the promoter
shall not discriminate against any allottee at the time of allotment of any apartment,
plot or a building, as the case may be.
(5) In case the promoter applies for withdrawal of application for registration of
the project before the expiry of the period of thirty days specified under sub-section
(1) of section 5, registration fee to the extent of ten percent paid under sub-rule (3), or
rupees fifty thousand whichever is more, shall be retained as processing fee by the
regulatory authority and the remaining amount shall be refunded to the promoter
within thirty days from the date of such withdrawal.

4. Additional disclosure by promoters of ongoing projects.- (1) Upon the

notification for commencement of sub-section (1) of section 3, promoters of all
ongoing projects which have not received completion certificate shall, within the time
specified in the said sub-section, make an application to the Regulatory Authority in
the form and manner as specified in rule 3.
Explanation: For the purpose of this rule “Ongoing project” means a project
where development is going on and for which completion certificate has not
been issued but excludes such projects which fulfill any of the following criteria
on the date of notification of these rules, namely:-
(i) in respect of layouts where the streets and civic amenities sites and other
services have been handed over to the Local Authority and Planning Authority
for maintenance;
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(ii) in respect of apartments where common areas and facilities have been
handed over to the registered Association consisting of majority of allottees;
(iii) where all development works have been completed as per the Act and
certified by the competent agency and sale/lease deeds of sixty percent of the
apartments/houses/plots have been registered and executed;
(iv) where all development works have been completed as per the Act and
certified by the competent agency and application has been filed with the
competent authority for issue of completion certificate /occupation certificate;
and
(v) where Partial occupancy certificate is obtained to the extent of the portion
for which the partial Occupancy Certificate is obtained.
(2) The promoter shall in addition to disclosures provided in rule 3 disclose the
following information, namely:-

(a) the original sanctioned plan, layout plan and specifications and the
subsequent modifications carried out, if any, including the existing
sanctioned plan, layout plan and specifications;

Explanation:- For the purpose of clause (ii) of sub-section (2) of section 14

of the Act, the Prior written consent of at least two third of the allottees
would not be required if,-

(i) implementation of the proposed plan has already been disclosed to the
allottees under the agreement prior to registration, or
(ii) modification is required to be made in compliance of any order or
direction issued by competent authority or statutory authority. under the
agreement for sale, the promoter is not required to obtain the consent of
allottee in case of any alteration or addition to the apartment required by
Government authorities or due to change in any law.

(b) the total amount of money collected from the allottees and the total
amount of money used for development of the project including the total
amount of balance money lying with the promoter; and

(c) status of the project (extent of development carried out till date and the
extent of development pending) including the original time period disclosed
to the allottee for completion of the project at the time of sale including the
delay and the time period within which he undertakes to complete the
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pending project, which shall be commensurate with the extent of

development already completed, and this information shall be certified by
an engineer, an architect and a chartered accountant in practice.

(3) The promoter shall 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, built
up area etc. which shall not affect the validity of the agreement entered into between
the promoter and the allottee to that extent.

(4) In case of plotted development, the promoter shall disclose the area of the
plot being sold to the allottees as per the layout plan.
(5) For projects that are ongoing and have not received completion certificate on
the date of commencement of the Act, the promoter shall, within a period of three
months of the application for registration of the project with the Authority, deposit in
the separate bank account, seventy per cent. of the amounts already realized from the
allottees, which have not been utilized for construction of the project or the land cost
for the project as required under sub-clause (D) of clause (l) of sub-section (2) of
section 4, which shall be used for the purposes specified therein:

Provided that if the receivable of the ongoing project is less than the estimated
cost of balance construction, then the promoter shall deposit 100 per cent of the
amounts to be realised in the separate account.

5. Withdrawal of sums deposited in separate bank account.- (1) For the purpose
of sub-clause (D) of clause (l) of sub section (2) of section 4 of the Act, the land cost
means,-

(i) the costs incurred by the promoter for acquisition of ownership and title of the
land parcels for the real estate project as an outright purchase lease etc., or the
Guidance Value in accordance with section 45-B of the Karnataka Stamp Act 1957
relevant on the date of registration of the real estate project whichever is higher;

(ii) amount paid for acquisition/ purchase of TDR etc.,

(iii) amount paid to the competent Authority for project approval, No objection
certificates, stamps duty, transfer charges, registration charges, conversion charges,
change, taxes, statuary payments to state and central Government.

(2) For the purpose of sub-clause(D) of Clause(l) of sub-section (2) of Section 4 of

the Act, the “Cost of Construction” means,-

The cost of construction shall include all such costs, incurred by the promoter
towards on-site and off-site expenditure for the development of the real estate project
including payment of Taxes, Fees, charges, premiums, interests etc., to any
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competent Authority, or statutory Authority of the Central or State

Government, including interest, paid or payable to any Financial Institutions
including scheduled banks or non – banking financial companies etc.,

6. Grant or rejection of registration of the project.- (1) Upon the registration

of a project as per section 5 read with rule 3, the Regulatory Authority shall issue a
registration certificate with a registration number in Form-C to the promoter.

(2) In case of rejection of the application as per section 5, the Authority shall
inform the applicant in Form ‘D’:

Provided that the Authority may grant an opportunity to the applicant to rectify
the defects in the application within such time period as may be specified by it.

7. Extension of registration of project.- (1) The registration granted under

the Act, may be extended by the Authority, on an application made by the promoter
in Form ‘E’, in triplicate, until the application procedure is made web based, within
three months prior to the expiry of the registration granted.

(2) The application for extension of registration shall be accompanied with a

demand draft or a bankers cheque drawn on any scheduled bank or Co-operative
Bank through online payment mode, as the case may be, for an amount equivalent to
half the registration fees as prescribed under sub-rule (3) of rule 3 along with an
explanatory note setting out the reasons for delay in the completion of the project and
the need for extension of registration for the project, along with documents
supporting such reasons:
Provided that where the promoter applies for extension of registration of the
project due to force majeure he shall not be liable to pay any fee.
(3) The extension of registration of the project shall not be beyond the period
specified under concerned State Acts for completion of the project or phase thereof,
as the case may be.

(4) In case of extension of registration, the Authority shall inform the promoter
about such extension in Form ‘F’ and in case of rejection of the application for
extension of registration the Authority shall inform the promoter about such rejection
in Form ‘D’:

Provided that the Authority may grant an opportunity to the promoter to rectify
the defects in the application within such time period as may be specified by it.
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8. Revocation of registration of the project.- Upon the revocation of

registration of a project under section 7 regulatory authority shall inform the
promoter about such revocation in Form-‘D’.

CHAPTER III
REAL ESTATE AGENT

9. Application for registration by the real estate agent.- (1) Every real
estate agent required to register as per sub-section (2) of section 9 shall make an
application in writing to the Regulatory Authority in Form-‘G’ along with the following
documents, namely:-
(a) brief details of his enterprise including its name, registered address, type of
enterprise, proprietorship, societies, co-operative society, partnership,
companies etc;
(b) particulars of registration including the bye-laws, memorandum of
association, articles of association etc. as the case may be;
(c) name, address, contact details and photograph of the real estate agent if it is
an individual and the photograph of the partners, directors etc. in case of
other entities;
(d) self attested copy of the PAN card; and
(e) self attested copy of the address proof of the place of business.

(2) The real estate agent shall pay a registration fee at the time of application for
registration by way of a demand draft or a bankers cheque drawn on any scheduled
Bank or a co-operative Bank or through online payment, as the case may be, for a
sum of Twenty five thousand rupees in case of the applicant being an individual or
Two Lakhs rupees in case of the applicant other than an individual.

10. Grant of Registration to the real estate agent.- (1) On receipt of the
application under rule 10, the Authority shall within a period of thirty days either
grant registration to the real estate agent or reject the application, as the case may
be:
Provided that the Authority may grant an opportunity to the real estate
agent to rectify the defects in the application within such time period as may be
specified by it.

(2) Upon the registration of a real estate agent, the Authority shall issue a
registration certificate with a registration number in Form ‘H’ to the real estate agent.
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(3) In case of rejection of the application, the Authority shall inform the applicant
in Form ‘I’.
(4) The registration granted under this rule shall be valid for a period of five
years.

11. Renewal of registration of real estate agent.- (1) The registration granted
under section 9, may be renewed as per section 6, on an application made by the real
estate agent in Form-‘J’ which shall not be less than three months prior to the expiry
of the registration granted.

(2) The application for renewal of registration shall be accompanied with a

demand draft or a bankers cheque drawn on any scheduled Bank or a co-operative
Bank or through online payment, as the case may be, for a sum of five thousand
rupees in case of the real estate agent being an individual or twenty Fifty thousand
rupees in case of the real estate agent other than an individual.

(3) The real estate agent shall also submit all the updated documents set out
in clauses (a) to (e) of rule 8 at the time of application for renewal along with same
fees as specified in sub-rule (2).

(4) In case of renewal of registration, the regulatory authority shall inform the
real estate agent about the same in Form-‘K’ and in case of rejection of the application
for renewal of registration the regulatory authority, shall inform the real estate agent
in Form-‘I’:

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:

Provided further that, the Authority may grant an opportunity to the real estate
agent to rectify the defects in the application within such time period as may be
specified by it.
(5) The renewal of registration of the real estate agent shall be granted provided
that the real estate agent remains in compliance with the provisions of the Act and
the rules and regulations made there under.
(6) The renewal granted under this rule shall be valid for a period five years.
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12. Revocation of registration of real estate agent.- The Regulatory Authority

may, due to reasons specified under sub-section (7) of section 9, revoke the
registration granted to the real estate agent or renewal thereof, as the case may be,
and intimate the real estate agent of such revocation in Form-‘I’.

13. Maintenance and preservation of books of accounts, records and

documents.- The real estate agent shall maintain and preserve books of account,
records and documents in accordance with the provisions of the Income Tax Act,
1961.
14. Other functions of a real estate agent.- 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.
CHAPTER IV
DETAILS TO BE PUBLISHED ON THE WEBSITE OF THE AUTHORITY

15. Details to be published on the website.- (1) For the purpose of clause (b) of
section 34, the regulatory authority shall ensure that the following information shall
be made available on its website in respect of each project registered, namely:-
(A) Details of the promoter including the following, namely:-

(i) Promoter or Group Profile:

(a) a brief detail of his enterprise including its name, registered address,
type of enterprise, proprietorship, limited liability partnership,
societies, co-operative society, partnership, company, competent
authority and the particulars of registration and in case of a newly
incorporated or registered entity, brief details of the parent entity
including its name, registered address, type of enterprise
(proprietorship, societies, co-operative society, limited liability
partnership, partnership, companies, competent authority);
(b) background of promoter- educational qualification, work experience
and in case of a newly incorporated or registered entity work
experience of the parent entity; and
(c) name, address, contact details and photograph of the promoter in case
of an individual and the name, address, contact details and
photograph of the chairman, directors, partners, as the case may be
and that of the authorised persons.
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(ii) Track record of the promoter:

(a) number of years of experience of the promoter or parent entity
in real estate construction in the state;
(b) number of years of experience of the promoter or parent entity
in real estate construction in other states;
(c) number of completed projects and area constructed till date in
the past five years including the status of the projects, delay in
its completion, details of type of land and payments pending;
(d) number of ongoing projects and proposed area to be constructed
launched in the past five years including the status of the said
projects, delay in its completion, details of type of land and
payments pending; and
(e) details and profile of ongoing and completed projects for the last
five years as provided under clause (b) of sub-section (2) of
section 4 of the Act.
(iii) Litigations: Details of past or ongoing litigations in relation to the real
estate project.
(iv) Website:
(a) Web link of the promoters or parent entity as the case may; and
(b) Web link of the project.
(B) Details of the real estate project including the following, namely:-
(i) advertisement and prospectus issued in regard to the project;
(ii) Compliance and registration:
(a) authenticated copy of the approvals and commencement certificate
from the competent authority as provided under clause (c) of sub-
section (2) of section 4;
(b) the sanctioned plan, layout plan and specifications of the project or
the phase thereof, and the whole project as sanctioned by the
competent authority as provided under clause (d) of sub-section (2) of
section 4 of the Act; and
(c) details of the registration granted by the Authority.
(iii) Apartment, plot and garages if any related details:

(a) details of the number, type and carpet area of apartments for sale in
the project along with the area of the exclusive balcony or verandah
areas and the exclusive open terrace areas with the apartment, if any,
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or details of the number, type and area of plots for sale in the project
or both, as the case may be;
(b) details of the number of garages if any for sale in the project as
provided under clause (i) of sub-section (2) of section 4 of the Act; and
(c) details of the number of parking slots available in the real estate
project.

(iv) Registered Agents: Names and addresses of real estate agents as

provided under clause (j) of sub-section (2) of section 4 of the Act.
(v) Consultants: Details, including name and addresses of contractors,
architect and structural engineers and other persons concerned with the
development of the real estate project as provided under clause (k) of sub-
section (2) of section 4, such as:-
(a) name and address of the firm;
(b) names of promoters;
(c) year of establishment; and
(d) names and profile of key projects completed.

(vi) Location: the location details of the project, with clear demarcation of land
dedicated for the project along with its boundaries including the latitude
and longitude of the end points of the project as provided under clause (f)
of sub-section (2) of section 4 of the Act.
(vii) Development Plan:
(a) 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 etc. as provided under clause (e) of sub-section (2) of
section 4;
(b) Amenities: a detailed note explaining the salient features of the proposed
project including access to the project, design for electric supply
including street lighting, water supply arrangements and site for disposal
and treatment of storm and sullage water, any other facilities and
amenities or public health services proposed to be provided in the
project;
(c) Project schedule: Detailed time schedule of development works to be
executed in the project and the details of the proposed facilities to be
provided thereof; and
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(d) the stage wise time schedule of completion of the project, including the
provisions for civic infrastructure like water, sanitation and electricity
etc.
(C) Financials of the promoter.-
(i) self attested copy of the PAN card of the promoter; and
(ii) the 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 then 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 and in case of newly incorporated or registered entity such
information shall be disclosed for the parent entity;
(D) The promoter shall upload the following updates on the webpage for the project,
within Fifteen days from the expiry of each quarter:

(i) list of number and types of apartments or plots, booked;

(ii) list of number of garages booked;
(iii) Status of the project:
(a)status of construction of each building with photographs;

(b)status of construction of each floor with photographs; and

(c)status of construction of internal infrastructure and common areas with

photographs.

(iv) Status of approvals:

(a)approval received;

(b)approvals applied and expected date of receipt;

(c)approvals to be applied and date planned for application; and

(d)modifications, amendment or revisions, if any, issued by the competent

authority with regard to any license, permit or approval for the project.

(E) the details of approvals, permissions, clearances, legal documents,-

(i) authenticated copy of the license or land use permission, building sanction
plan and the commencement certificate from the competent authority
obtained in accordance with the laws applicable for the project, and where
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the project is proposed to be developed in phases, an authenticated copy of

the license or land use permission, building sanction plan and the
commencement certificate for each of such phases;
(ii) authenticated copy of the site plan or site map showing the location of
the project land along with names of survey numbers, khatha numbers and
area of each parcels of the project land;
(iii) authenticated copy of the layout plan of the project or the phase thereof,
and also the layout plan of the whole project as sanctioned by the
competent authority;
(iv) floor plans for each tower and block including clubhouse, amenities and
common areas;
(v) any other permission, approval, or license that may be required under
applicable law; and
(vi) authenticated copy of occupancy certificate and completion certificate
including its application.
(F) Legal Documents:
(a) details including the proforma of the application form, allotment letter,
agreement for sale and the conveyance deed;
(b) authenticated copy of the legal title deed reflecting the title of the
promoter to the land on which development is proposed to be developed
along with legally valid documents with authentication of such title, if such
land is owned by another person;

(c) land title search report from an advocate having experience of at least ten
years in land related matters;

(d) details of encumbrances on the land on which development is proposed

including any rights, title, interest or name of any party in or over such land
along with details or non encumbrance certificate from the concerned Sub-
Registrar of past twelve years;

(e) where the promoter is not the owner of the land on which development
is proposed details of the land along with self attested collaboration
agreement, development agreement, joint development agreement or any
other agreement, as the case may be, entered into between the promoter and
such owner and copies of title and other documents reflecting the title of
such owner on the land proposed to be developed; and
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(f) details of mortgage or charge, if any, created on the land and the project.

(G) Contact details: (1) Contact address, contact numbers and email-ids of the
promoter and other officials handling the project.

(2) the regulatory authority shall maintain a database and ensure that the
information specified therein shall be made available on its website in respect
of each project revoked or penalised, as the case may be.

(3) For the purpose of clause (d) of section 34, the regulatory 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 namely:-

(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, societies, co-operative society, partnership,
companies etc;
(iii) particulars of registration including the bye-laws, memorandum of
association, articles of association etc. as the case may be;
(iv) name, address, contact details and photograph of the real estate agent, if
it is an individual and the name, address, contact details and photograph
of the partners, directors etc. in case of other persons;
(v) photograph of the real estate agent if it is an individual and the
photograph of the partners, directors etc. in case of other persons;
(vi) self attested copy of the PAN card; and
(vii) self attested 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 applicant whose application for registration as a real estate agent
has been rejected or real estate agent whose registration has been revoked by the
regulatory authority:
(i) registration number and the period of validity of the registration of the
real estate agent with the regulatory authority;
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(ii) brief details of his enterprise including its name, registered address, type
of enterprise, proprietorship, societies, co-operative society partnership,
companies etc; and

(iii) Photograph of the real estate agent if it is an individual and the

photograph of the partners, directors etc. in case of other persons.

(4) The Authority shall maintain 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 each month.

CHAPTER V

RATE OF INTEREST PAYABLE BY PROMOTER AND ALLOTTEE AND

TIMELINES FOR REFUND

16. Rate of interest payable by the promoter and the allottee.- The rate of
interest payable by the promoter to the allottee or by the allottee to the promoter, as
the case may be, shall be the State Bank of India highest marginal cost of lending
rate plus two percent.
17. Timelines for refund.- Any refund of money along with the applicable
interest and compensation, if any, payable by the promoter in terms of the Act or the
rules and regulations made there under, shall be payable by the promoter to the
allottee within sixty days from the date on which such refund along with applicable
interest and compensation, if any, becomes due.

CHAPTER VI
REAL ESTATE REGULATORY AUTHORITY

18. Manner of Selection of Chairperson and Members of the Authority.- (1)

As and when vacancies of Chairperson or a Member in the regulatory authority exist
or arise, or are likely to arise, the Government of Karnataka may make a reference to
the Selection Committee in respect of the vacancies to be filled as per the provisions
of section 21.
(2) The State Government shall expeditiously constitue a selection committee, as
often as may be required, to select persons for appointment as Chairperson and
Members.
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(3) The Selection Committee shall normally hold its meeting at Bengaluru or at
such places, as may be authorised by the Chairman by recording the reasons for
change of venue of such meeting.

(4) The Notice or the Agenda, as the case may be, for the meeting of the Selection
Committee shall be issued in advance. The date and venue for the meeting shall be
fixed as per the convenience of the Chairman of the selection committee.

(5) The Selection Committee constituted under sub- rule (2) may, for the purpose
of selection of the Chairperson or a Member of the Regulatory Authority, devise its
own procedure as deems fit including the appointment of Search Committee and may
lay down guidelines and procedure to invite applications from eligible persons as per
the qualifications specified in section 22. The Selection Committee shall prepare a
panel of names possessing the requisite qualification and experience and found
suitable for consideration for appointment as Chairperson or Member of the
Regulatory Authority.

(6) The Selection Committee shall thereafter make its recommendations to the
State Government within a period of not exceeding sixty days from the date of
reference made under sub-rule(2) for consideration in the form of a panel of not more
than three persons in order of preference seperately for each vacancy or posts
referred by the State Government.

(7) The State Government shall within thirty days from the date of the
recommendation made by the Selection Committee, appoint one out of the panel of
three persons for the vacany of the Chairperson or Members of the Regulatory
Authority, or return the panel only once for rec-consideration, as the case may be.

(8) The State Governement shall appoint the Secretary of the Housing
Department as Interim Regulatory Authority for the purpose of this Act in terms of
sub-secton (1) of section 20.

CHAPTER VII

SALARY AND ALLOWANCES OF CHAIRPERSON AND MEMBERS OF REAL

ESTATE REGULATORY AUTHORITY

19. Salaries and Allowances.- (1) The salaries and allowances of the
Chairperson and Members of the Real Estate Regulatory Authority shall be as follows,
namely:-
 18

(a) the Chairperson of the Authority shall be paid minimum of the pay of the
Chief Secretary of the State Government; and
(b) the Members of the Authority shall be paid minimum of the pay of the
Secretary of the State Government.

(2) Dearness Allowance and City Compensatory Allowance.- The

Chairperson or the Member of the Authority shall be entitled to receive Dearness
Allowance and City Compensatory allowances at the rate as are admissible to the
Chief Secretary of the State Government or Secretary of the State Government
respectively:

Provided that, in case a person appointed as the Chairperson or a member is in

receipt of any pension, the pay of such person shall be reduced by the gross amount
of pension including any commuted portion thereof drawn by him:

Provided further that, the Chairperson and other members shall be entitled to
draw admissible allowance on the original basic pay before such fixation of pay.

(3) Leave.- (a) Earned Leave : The Chairperson or a Member shall be entitled to
thirty days of earned leave for every year of service.

(b) Leave sanctioning authority.- Leave sanctioning authority in case of,-

(i) The Chairperson of the Authority, shall be the Additional Chief Secretary
or Principal Secretary or Secretary, Housing Department of the State
Government; and

(ii) The Members of the Authority, shall be the Chairperson.

(4) Travelling Allowance and Daily Allowance.-

(i) The Chairperson and the Members while on tour (including the journey
undertaken or on 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 admissible to the Chief
Secretary or the Secretary of the State Government as the case may be;

(ii) The Chairperson or a every Member shall be his own controlling officer in
respect of his bills relating to travelling allowances and daily allowances; and
 19

(iii) Domestic official tours: The Chairperson or a Member, while on tour, shall
be entitled to the facility of government accommodation in the guest house or
inspection bungalows run by the State Government or hotel accommodation in
case Government accommodation is not available, as applicable to Chief
Secretary or Secretary of Government of Karnataka.
(5) Medical Facilities.- The Chairperson and a Members shall be entitled to
medical treatment and hospital facilities as admissible to the Chief Secretary or the
Secretary of the State Government as the case may be;

(6) Official Visits Abroad.- The Chairperson or a Members shall be entitled to

undertake official visits abroad with the prior approval of the Government through
Housing Department and after clearance from Ministry of External Affairs,
Government of India. The daily allowance and provision of accommodation during the
period of tour abroad shall be regulated in accordance with the State Government
instructions as applicable to the Chief Secretary or the Secretary respectively of the
State Government.

(7) Conveyance facility.-The Chairperson or a Member shall be entitled to

conveyance facilities as admissible to Chief Secretary and Secretary to the
Government respectively.

(8) Accommodation to Chairperson and Members.-

(a) The Chairperson of the Authority shall be entitled to residential

accommodation as admissible to the Chief Secretary of the State
Government;

(b) A Member shall be entitled to residential accommodation as admissible to the

rank of Secretary to the State Government drawing an equivalent pay. On
demitting office, the Chairperson and Member shall be entitled to retention
of residential accommodation for one month, on the same terms and
conditions; and

(c) If the Chairperson or the Member has his own accommodation or residential
house in Bengaluru and does not avail Government accommodation, then he
is entitled to get house rent allowance admissible to the Chief Secretary to
the Government and Secretary to Government respectively.
 20

(9) Telephone facilities.- The Chairperson or Members of the Authority shall be

entitled to telephone facilities as admissible to the Chief Secretary and Secretary of
the State Government respectively.

(10) Other allowance.- The Chairperson and Members of the Authority shall be
entitled to such other allowance as are applicable to Chief Secretary or Secretary
respectively in the State Government.

(11) Notwithstanding the provisions contained in this rule if the Chairperson or

the Member is a serving officer of the State or Central Government, his entitlement
shall be higher of those admissible to him under the applicable service rule.

20. Tenure of office.- (1) The Chairperson and every Member shall, unless
removed from office under sub-section (1) of section 26, hold office for a period not
exceeding five years from the date he takes charge of the office in that capacity, or till
the age of sixty five years, whichever is earlier.

(2) When the Chairperson is unable to discharge his functions owing to absence,
illness or any other cause, the senior-most (in order of appointment) Member of the
Real Estate Regulatory Authority holding office for the time being shall discharge the
functions of the Chairperson until the day on which the Chairperson resumes the
charge of his functions.

(3) If a vacancy occurs in the office of the Chairperson by reason of his death or
resignation or by removal the State Government shall nominate Senior most Member
as per seniority of date of appointment to act as the Chairperson and the Member so
nominated shall hold office of the Chairperson until the vacancy is filled by a fresh
appointment under sub-section (3) of Section 24 of the Act. Till that period the senior-
most (in order of appointment) Member of the Real Estate Regulatory Authority
holding office for the time being shall discharge the functions of the Chairperson until
the day on which the Chairperson resumes the charge of his functions.

21. Oath of Office and Secrecy.- (1) Every person appointed to be Chairperson
and Member shall, before entering upon their office, make and subscribe to an Oath
of Office and of Secrecy in the Forms-‘L’ and ‘M’, respectively.

(2) Before appointment, the Chairperson and the Member shall have to give an
undertaking that he does not and will not have any such financial or other interest as
is likely to affect prejudicially his functions as such Chairperson or Member.
 21

22. Administrative powers of the Chairperson of the regulatory authority.-

Subject to the provisions of the Act, the administrative powers of the Chairperson of
the regulatory authority shall include making decisions with regard to the following;
namely:-

(a) all matters pertaining to staff strength, wages and salaries structures,
emoluments, perquisites and personnel policies with prior approval from the
State Government;
(b) all matters pertaining to creation and abolition of posts with prior approval
from the State Government;
(c) all matter pertaining to appointments, promotions and confirmation for all
posts with prior approval of the State Government;
(d) acceptance of resignations by any Member, officer or employee;
(e) officiating against sanctioned posts;
(f) authorization of tours to be undertaken by any Member, officer or employee
within and outside India and allowance to be granted for the same;
(g) authorization of tours to be undertaken by any Member, officer or employee
outside India and allowance to be granted for the same with prior approval
from the State Government;
(h) all matters in relation to reimbursement of medical claims;
(i) all matters in relation to grant or rejection of leaves;
(j) permission for hiring of vehicles for official use;
(k) nominations for attending seminars, conferences and training courses in
India or abroad as per clause (f) and(g);
(l) permission for invitation of guests to carry out training course;
(m) all matters pertaining to staff welfare expenses;
(n) sanction scrapping or write-off of capital assets which due to normal wear
and tear have become unserviceable or are considered beyond economical
repairs; and
(o) all matters relating to disciplinary action against any Member, officer or
employee;

(2) The Chairman of the Authority shall also exercise such other powers that
may be required for the efficient functioning of the Authority and enforcement of
the provisions of the Act and the rules and regulations made thereunder.
 22

CHAPTER VIII

POWERS AND FUNCTIONS OF THE AUTHORITY

23. Functioning of the Authority.- (1) The office of the regulatory authority
shall be located at Bengaluru or at such place as may be determined by the State
Government by notification.

(2) The working days and office hours of the regulatory authority shall be the
same as that of the State Government.
(3) The official common seal and emblem of the regulatory authority shall be
such as the State Government may specify.
(4) Every notice, order and direction of the Authority shall bear the seal of the
Authority which shall be in custody with the person designated by the Chairperson.
(5) The Authority shall ordinarily have sittings at its headquarters and at such
other places as the Chairperson may by general or special order specify.

24. Additional powers of the Authority.- (1) In addition to the powers specified
in sub-section (2) of section 35 the regulatory authority shall have the following
additional powers, namely:-

(a) require the promoter, allottee or real estate agent to furnish in writing such
information or explanation or produce such documents within such
reasonable time, as it may deem necessary; and
(b) requisitioning, subject to the provisions of sections 123 and 124 of the
Indian Evidence Act, 1872 (Central Act 1 of 1872), any public record or
document or copy of such record or document from any office.

(2) The regulatory authority may call upon such experts or consultants from the
fields of economics, commerce, accountancy, real estate, competition, construction,
architecture or engineering or from any other discipline as it deems necessary, to
assist the regulatory authority in the conduct of any inquiry or proceedings before it.

(3) The Authority may in the interest of the allottees, enquire into the payment of
amounts imposed as penalty, interest or compensation, paid or payable by the
promoter, in order to ensure that the promoter has not:

(a) withdrawn the said amounts from the account maintained as provided under
sub-clause (D) of clause (l) of sub-section (2) of section 4; or
 23

(b) used any amounts paid to such promoter by the allottees for the real estate
project for which the penalty, interest or compensation is payable, or any other
real estate project; and
(c) recovered the amounts paid as penalty, fine or compensation from the
allottees of the relevant real estate project or any other real estate project.

25. Manner of recovery of interest, penalty and compensation.- Subject to

the provisions of sub-section (1) of section 40, the recovery of the amounts due as
arrears of land revenue shall be carried out in the manner provided in the Karnataka
Land Revenue Act, 1964 and the rules made there under.

26. Manner of implementation of order, direction or decisions of the

adjudicating officer, the Authority or the Appellate Tribunal.- For the purpose of
sub-section (2) of section 40, every order passed by the adjudicating officer,
regulatory authority or Appellate Tribunal, as the case may be, under the Act or the
rules and regulations made thereunder, shall be enforced by the adjudicating officer,
regulatory authority or the Appellate Tribunal in the same manner as if it were a
decree or order made by the principal civil court in a suit pending therein and it shall
be lawful for the adjudicating officer, regulatory authority or Appellate Tribunal, as
the case may be, in the event of its inability to execute the order, send such order to
the principal civil court, to execute such order either within the local limits of whose
jurisdiction the real estate project is located or in the principal civil court within the
local limits of whose jurisdiction the person against whom the order is being issued,
actually and voluntarily resides, or carries on business, or personally works for gain.

CHAPTER IX

CONDITIONS OF SERVICE OF OFFICERS AND OTHER EMPLOYEES OF THE

AUTHORITY

27. Categories of Officers and employees of the Authority and pay scales.-
The nature and categories of officers and employees of the Authority shall be
recommended by the Authority for consideration of the State Government which shall
be approved with or without modifications, as the case may be, by the State
Government.
 24

28. Conditions of service.- (1) The conditions of service of the officers and
employees of the Authority and any other category of employees in the matter of pay,
allowances, leave, joining time, joining time pay, age of superannuation and other
conditions of service shall be regulated in accordance with such rules and regulations
as are, from time to time, applicable to officers and employees of the State
Government and drawing the corresponding scales of pay:
Provided that the provisions of the Karnataka Civil Services (Classification,
Control and Appeal) Rules, 1957 shall apply to the officers and employees of the
Authority subject to modification specified in the schedule to these rules.
(2) Consultants or experts may be engaged by the Authority to facilitate its
discharge of functions.
(3) The State Government shall have powers to relax the provisions of any of
these rules in respect of any class or category of officers or employees or consultants
and experts as the case may be for the reasons recorded in writing.

CHAPTER X
FILING OF COMPLAINT

29. Filing of complaint and manner of holding an inquiry by Regulatory

Authority.- (1) Any aggrieved person may file a complaint with the Regulatory
Authority for any violation under the Act or the rules and regulations made there
under, save as those provided to be adjudicated by the adjudicating officer, as per
Form ‘N’ which shall be accompanied by a fee of rupees one thousand in the form of a
demand draft drawn on a nationalized bank or a co-operative Bank in favor of
regulatory authority and payable at the main branch of that bank at the station
where the seat of the said Regulatory Authority is situated.

(2) The regulatory authority shall for the purposes of deciding any complaint as
specified under sub-rule (1), follow summary procedure for inquiry in the following
manner, namely:-

(a) Upon receipt of the complaint the regulatory authority shall issue a notice
along with particulars of the alleged contravention and the relevant
documents to the respondent;
(b) the respondent against whom such notice is issued under clause (a) of sub-
rule (2), may file his reply in respect of the complaint within the period as
specified in the notice;
 25

(c) the notice shall specify a date and time for further hearing; and
(d) on the date so fixed, the regulatory authority shall explain to the respondent
about the contravention alleged to have been committed in relation to any of
the provisions of the Act or the rules and regulations made there under and
if the respondent:
(i) pleads guilty, the regulatory authority shall record the plea, and pass
such orders including imposition of penalty as it thinks fit in accordance
with the provisions of the Act or the rules and regulations, made there
under; and
(ii) does not plead guilty and contests the complaint the regulatory authority
shall demand an explanation from the respondent.

(e) in case the regulatory authority is satisfied on the basis of the submissions
made that the complaint does not require any further inquiry it may dismiss
the complaint;

(f) in case the regulatory authority is satisfied on the basis of the submissions
made that there is need for further hearing into the complaint it may order
production of documents or other evidence on a date and time fixed by it;
(g) the regulatory authority shall have the power to carry out an inquiry into the
complaint on the basis of documents and submissions;
(h) the Authority shall have the power to summon and enforce the attendance of
any person acquainted with the facts and circumstances of the case to give
evidence or to produce any documents which in the opinion of the
adjudicating officer, may be useful for or relevant to the subject matter of
the inquiry, and in taking such evidence, the Authority shall not be bound to
observe the provisions of the Indian Evidence Act, 1872 (Central Act 11 of
1872);
(i) on the date so fixed, the regulatory authority upon consideration of the
evidence produced before it and other records and submissions is satisfied
that -
(a) the respondent is in contravention of the provisions of the Act or the
rules and regulations made there under it shall pass such orders
including imposition of penalty as it thinks fit in accordance with the
provisions of the Act or the rules and regulations made there under;
and
 26

(b) the respondent is not in contravention of the provisions of the Act or

the rules and regulations made there under the regulatory authority
may, by order in writing, dismiss the complaint, with reasons to be
recorded in writing.
(j) if any person fails, neglects or refuses to appear, or present himself as
required before the regulatory authority, the regulatory authority shall have
the power to proceed with the inquiry in the absence of such person or
persons after recording the reasons for doing so.

(3) The procedure for day to day functioning of the Authority, which have not
been provided by the Act or the rules made thereunder, shall be as specified by
regulations made by the Authority.

(4) Where a party to the complaint is represented by an authorised person,

as provided under section 56, a copy of the authorisation to act as such and the
written consent thereto by such authorised person, both in original, shall be
appended to the complaint or the reply to the notice of the complaint, as the case may
be.

30. Manner of filing a complaint with the adjudicating officer and the
manner of holding an inquiry by the adjudicating officer.- (1) Any aggrieved
person may file a complaint with the adjudicating officer for compensation under
section 12, 14, 18 and 19 as per Form ‘O’ which shall be accompanied by a fee of
rupees one thousand in the form of a demand draft drawn on a nationalized bank or
a co-operative Bank in favor of regulatory authority and payable at the main branch
of that bank at the station where the seat of the said regulatory authority is situated.

(2) The adjudicating officer shall for the purposes of adjudging compensation
follow summary procedure for inquiry in the following manner:

(a) upon receipt of the complaint the adjudicating officer shall issue a notice
along with particulars of the alleged contravention and the relevant
documents to the promoter;
(b) the respondent against whom such notice is issued under clause (a) of sub-
rule (2) may file his reply in respect of the complaint within the period as
specified in the notice;
 27

(c) the notice shall specify a date and time for further hearing;
(d) on the date so fixed, the adjudicating officer shall explain to the promoter
about the contravention alleged to have been committed in relation to any of
the provisions of the Act or the rules and regulations made there under and
if the promoter:
(a) pleads guilty, the adjudicating officer shall record the plea, and award
such compensation as he thinks fit in accordance with the provisions of
the Act or the rules and regulations, made thereunder;
(b) does not plead guilty and contests the complaint the adjudicating officer
shall demand an explanation from the promoter;

(e) in case the adjudicating officer is satisfied on the basis of the submissions
made that the complaint does not require any further inquiry it may
dismiss the complaint;
(f) in case the adjudicating officer is satisfied on the basis of the submissions
made that there is need for further hearing into the complaint it may order
production of documents or other evidence on a date and time fixed by
him;
(g) the adjudicating officer shall have the power to carry out an inquiry into
the complaint on the basis of documents and submissions;
(h) the adjudicating officer shall have the power to summon and enforce the
attendance of any person acquainted with the facts and circumstances of
the case to give evidence or to produce any documents which in the
opinion of the adjudicating officer, may be useful for or relevant to the
subject matter of the inquiry, and in taking such evidence, the
adjudicating officer shall not be bound to observe the provisions of the
Indian Evidence Act, 1872 (Central Act 11 of 1872);
(i) on the date so fixed, the adjudicating officer upon consideration of the
evidence produced before him and other records and submissions is satisfied
that the promoter is,-

(a) liable to pay compensation, the adjudicating officer may, by order in

writing, order payment of such compensation, as deemed fit by the promoter to
the complainant; or
(b) not liable to any compensation, the adjudicating officer may, by order
in writing, dismiss the complaint, with reasons to be recorded in writing.
 28

(j) if any person fails, neglects or refuses to appear, or present himself as

required before the adjudicating officer, the adjudicating officer shall have the
power to proceed with the inquiry in the absence of such person or persons
after recording the reasons for doing so.

(3) The procedure for day to day functioning of the adjudicating officer,
which have not been provided by the Act or the rules made thereunder, shall be
as specified by regulations made by the Authority.

(4) Where a party to the complaint is represented by an authorised person,

as provided under section 56, a copy of the authorisation to act as such and
the written consent thereto by such authorised person, both in original, shall
be appended to the complaint or the reply to the notice of the complaint, as the
case may be.

CHAPTER XI
REAL ESTATE APPELLATE TRIBUNAL

31. Manner of Selection of Member of the Appellate Tribunal.- (1) As and

when vacancies of a Member in the Appellate Tribunal exist or arise, or are likely to
arise, the Government of Karnataka may make a reference to the Selection Committee
in respect of the vacancies to be filled.

(2) The Chairperson of the Appellate Tribunal shall be appointed by the State
Government under provisions of sub-section (2) of section 46.

(3) For appointment of Members of the Appellate Tribunal, the State

Government shall expeditiously constitute a Selection Committee to select suitable
persons for appointment as Members of the Tribunal.

(4) The Selection Committee shall normally hold its meetings at Bengaluru or at
such places, as may be authorised by the Chairman by recording the reasons for the
change of the venue of such meetings.

(5) The Notice or Agenda, as the case maybe, for the meeting of the Selection
Committee shall be issued in advance. The date and venue for the meeting shall be
fixed with the convenience of the Chairman of the Selection Committee.

(6) The Selection Committee constituted under sub-rule (3) shall devise its own
procedure as it deemed fit including the appointment of a Search Committee and may
 29

lay down guidelines and procedure to invite applications from the eligible
persons as per qualification specified under Section 46. The Selection Committee
shall prepare a panel of names possessing the requisite qualification and experience
those who are suitable for consideration for appointment as Members of the Appellate
Tribunal. Secretary, Housing Department is the Convenor of the Selection Committee.

(7) The Selection Committee shall thereafter make its recommendation to the
Government of Karnataka within a period of not exceeding sixty days from the date of
reference made by the Government under sub-rule(3) for consideration in the form of
a panel of not more than three persons in the order of preference separately for the
post of vacancy or vacancies referred by the State Government.

(8) The State Government shall within thirty days from the date of the
recommendation made by the Selection committee, appoint one out of panal of three
persons name for the the post of vacancy or vacancies of the Members of the
Appellate Tribunal, as the case may be.

(9) The State Government shall nominate the Karnataka Appellate Tribunal as
Interim Appellate Tribunal in terms of sub-section (4) of section 43.

32 Functioning of Appellate Tribunal.— (1) The office of the Appellate

Tribunal shall be located at such place as may be determined by the
Government of Karnataka by notification.

(2)The working days and office hours of the Appellate Tribunal shall be the same
as that of the normal working days and office hours of the other offices of the
Government of Karnataka.
(3) The official common seal and emblem of the Appellate Tribunal shall be
such as the appropriate Government may specify.

(4) Every notice, order and judgment of the Appellate Tribunal shall bear the
seal of the Appellate Tribunal which shall be in custody with the person designated
by the Chairperson.

(5) The Appellate Tribunal shall ordinarily have sittings at its headquarters
and at such places as the Chairperson may by general or special order specify.

33. Appeal and the fees payable.— (1) Every appeal filed under sub-section (1)
of section 44 shall be accompanied by a fees of five thousand rupees in the form of a
 30

demand draft or a bankers cheque drawn on a scheduled bank or a co-oparetive

bank in favour of the Appellate Tribunal and payable at the branch of that Bank at
the station where the seat of the said Appellate Tribunal is situated or through online
payment, as the case may be.

(2) Every appeal shall be filed in Form ‘ R ’, in triplicate, until the application
procedure is made web based, along with the following documents, namely:-

(a) authenticated copy of the order against which the appeal is filed;

(b) copies of the documents relied upon by the appellant and referred to in
the appeal; and

(c) an index of the documents.

(3) Every appeal shall be either filed at the filing counter of the Registry of the
Appellate Tribunal or through a registered post or through online system, as
applicable.

(4) In case of an appeal sent by post under sub-rule (3), it shall be deemed to
have been presented to the Appellate Tribunal on the day on which it is received in its
office.

(5) Where a party to the appeal is represented by an authorised person, as

provided under section 56, a copy of the authorisation to act as such and the written
consent thereto by such authorised person, both in original, shall be appended to the
appeal or the reply to the notice of the appeal, as the case may be.

(6) On the date of hearing or any other date to which hearing could be
adjourned, it shall be obligatory on the parties or their agents, as the case may be, to
appear before the Appellate Tribunal:

Provided that where the appellant or his authorised person, as the case may be,
fails to appear before the Appellate Tribunal on such days, the Appellate Tribunal
may in its discretion either dismiss the appeal for default or decide it on merits and
where the opposite party or his authorised person fails to appear on the date of
hearing, the Appellate Tribunal may decide the appeal ex-parte.

(7) The procedure for day to day functioning of the Appellate Tribunal, which
have not been provided by the Act or the rules made thereunder, shall be as specified
by the Appellate Tribunal.
 31

34. Procedure for inquiry of the charges against the Chairperson or

Member of the Regulatory Authority or the Appellate Tribunal.- (1) In the event of
the Housing Department of Government of Karnataka becoming aware of occurrence
of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of
section 26, in case of a Chairperson or Member of the Regulatory Authority or as
specified under sub-section (1) of section 49 in case of a Chairperson or Member of
the Appellate Tribunal, by receipt of a complaint in this regard or suo motu, as the
case may be, the Housing Department of Government of Karnataka shall make a
preliminary inquiry with respect to such charges against the Chairperson or any
Member of the regulatory authority or Appellate Tribunal, as the case may be.

(2) If, on preliminary inquiry, the Housing Department of Government of

Karnataka considers it necessary to investigate into the allegation, it shall place the
complaint, if any, together with supporting material as may be available, before a
Judge of the High Court designated for this purpose by the Chief Justice of the High
Court (hereinafter referred to as the designated Judge).

(3) The Housing Department of Government of Karnataka shall forward to the

designated Judge, copies of,

(a) the statement of charges against the Chairperson or Member of the

regulatory authority or Appellate Tribunal, as the case may be; and
(b) material documents relevant to the inquiry.

(4) The Chairperson or Member of the Regulatory Authority or Appellate

Tribunal, as the case may be, shall be given a reasonable opportunity of being heard
with respect to the charges within the time period as may be specified in this behalf
by the designated Judge.

(5) Where it is alleged that the Chairperson or Member of the Regulatory

Authority and Appellate Tribunal is unable to discharge the duties of his office
efficiently due to any physical or mental incapacity and the allegation is denied, the
designated Judge may arrange for the medical examination of the Chairperson or
Member of the Appellate Tribunal or the Regulatory Authority.
 32

(6) After the conclusion of the investigation, the Judge shall submit his report to
the appropriate Government stating therein his findings and the reasons thereof on
each of the articles of charges separately with such observations on the whole case as
he thinks fit.

(7) Thereafter, the State Government shall in consultation with the Chief Justice
of the High Court Karnataka decide to either remove or not to remove the Chairperson
or Member of the Regulatory Authority or Appellate Tribunal, as the case may be.

35. Powers of the designated Judge.- (1) The designated Judge shall not be
bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act 5
of 1908), but shall be guided by the principles of natural justice and shall have power
to regulate his own procedure including the fixing of places and time of the enquiry.

(2)The designated Judge shall have, for the purposes of discharging his functions
under these rules, the same powers as vested in a civil court under the Code of Civil
Procedure, 1908 (Central Act 5 of 1908), while trying a suit, in respect of the following
matters, namely :-

(a) summoning and enforcing the attendance of any person and examining
him on oath;

(b) requiring the discovery and production of document;

(c) receiving evidenc on affidavits; and

(d)subject to the provisions of sections 123 and 124 of the Indian Evidence
Act, 1872 (Central Act 11 of 1872), requisitioning any public record or
document or copy of such record or document from any office.

36. Salary and allowances payable and other terms and conditions of
service of Chairperson and Members of the Appellate Tribunal.- (1) The salaries
and allowances payable to the Chairperson and Members of the Appellate Tribunal
shall be as follows, namely:-

(a) the Chairperson shall be paid a monthly salary equivalent to the last drawn
salary by such person, as a Judge of a High Court;
(b) the Member shall be paid a monthly salary equivalent to the last drawn
salary at the post held by such person, prior to his appointment as a
Member of the Appellate Tribunal; and
 33

(c) the Member, who is not a servant of the Government, shall be paid
minimum of the pay of the Principal Secretary to the state Government.

(2) The Chairperson and every other Members shall be entitled to thirty days of
earned leave for every year of service.

(3) The other allowances and conditions of service of the Chairperson and the
whole-time Member shall be as admissible to a Judge of High Court or Principal
Secretary of the State Government as the case may be:

Provided that, such entitlement shall not be less than what he is otherwise
eligible in case of serving Government servant.
(4) The term of office of the Chairperson and the Members shall be such as
provided in Section 47.

37. Retirement from Government Service.- A person in the service of the

Government, on his selection as a Member of the Regulatory Authority or Appellate
Tribunal, shall have to retire from service before entering upon his office as a
Member.

38. Oath of Office and Secrecy.- Every person appointed as the Chairperson or
a Member shall, before entering upon his office, make and subscribe an oath of office
and secrecy, in Form-‘P’ and Form-‘Q’ respectively annexed to these rules.

39. Declaration of financial or other interest.- Every person, on his

appointment as the Chairperson or Member, as the case may be, shall have to give an
undertaking that he does not and will not have any such financial or other interest as
is likely to affect prejudicially his functions as such Chairperson or Member.
40. Residuary provision.- Matters relating to the terms and conditions of
service of the Chairperson or Member with respect to which no express provision has
been made in these rules, shall be referred by the Appellate Tribunal to the State
Government for its decision.

41. Categories of Officers and employees of the Tribunal.- The nature and
categories of officers and employees of the Tribunal shall be recommended by the
Tribunal for consideration of the State Government which shall be approved with or
without modifications, as the case may be, by the State Government.
 34

42. Conditions of service.- The conditions of service of the officers and

employees of the Appellate Tribunal and in any other category of employees in the
matter of pay, allowances, leave, joining time, joining time pay, provident fund, age of
superannuation, pension and retirement benefits and other conditions of service,
shall be regulated in accordance with such rules and regulations as are, from time to
time, applicable to officers and employees of the State Government and drawing the
corresponding scales of pay:

Provided that the provisions of the Karnataka Civil Services (Classification,

Control and Appeal) Rules, 1957 shall apply to these officers and employees subject
to modifications specified in the schedule.

43. Additional powers of the Appellate Tribunal.- The Appellate Tribunal may
call upon such experts or consultants from the fields of economics, commerce,
accountancy, real estate, competition, construction, architecture or engineering or
from any other discipline as it deems necessary, to assist the Appellate Tribunal in
the conduct of any inquiry or proceedings before it.

44. Administrative powers of the Chairperson of the Appellate Tribunal.-

The administrative powers of the Chairperson of the Appellate Tribunal shall include
making decisions with regard to the following, namely:-
(a) all matters pertaining to staff strength, wages and salaries structures,
emoluments, perquisites and personnel policies with prior approval from the
State Government.
(b) all matters pertaining to creation and abolition of posts with prior approval
from the State Government.
(c) all matter pertaining to appointments, promotions and confirmation for all
posts with prior approval of the State Government.
(d) acceptance of resignations by any Member, officer or employee;
(e) officiating against sanctioned posts;
(f) authorization of tours to be undertaken by any Member, officer or employee
within India and allowance to be granted for the same;
(g) authorization of tours to be undertaken by any Member, officer or employee
outside India and allowance to be granted for the same with prior approval
from the State Government;
(h) all matters in relation to reimbursement of medical claims;
(i) all matters in relation to grant or rejection of leaves;
 35

(j) permission for hiring of vehicles for official use;

(k) nominations for attending seminars, conferences and training courses in India
or abroad as per clause (f) and (g);
(l) permission for invitation of guests to carry out training course;
(m) all matters pertaining to staff welfare expenses;
(n) sanction scrapping or write-off of capital assets which due to normal wear and
tear have become unserviceable or are considered beyond economical repairs;
(o) all matters relating to disciplinary action against any member, officer or
employee; and
(p) any other powers that may be required for the efficient functioning of the
Appellate Tribunal and enforcement of the provisions of the Act and these
rules.
CHAPTER XI
OFFENCES AND PENALTIES
45. Terms and conditions and the fine payable for compounding of
offence.- (1) The Court, Authority/Tribunal shall, for the purposes of compounding
any offence punishable with imprisonment under the Act, accept an amount as
specified in the Table below:
Offence Amount to be paid for compounding amount
Punishable with Imprisonment Up to ten percent of the estimated cost of the
under sub section (2) of section 59 real estate project
Punishable with Imprisonment Up to ten percent of the estimated cost of the
under section 64 real estate project
Punishable with Imprisonment Up to ten percent of the estimated cost of
under section 66 the plot, apartment or building, as the case
may be, of the real estate project, for which the
sale or purchase has been facilitated
Punishable with Imprisonment Up to ten percent of the estimated cost of
under section 68 the plot, apartment or building, as the case
may be
(2) On payment of the sum of money in accordance with the table above, any
person in custody in connection with that offence shall be set at liberty and no
proceedings shall be instituted or continued against such person in any court.
 36

(3) The acceptance of the sum of money for compounding an offence in

accordance with the table above, by the Court shall be deemed to amount to an
acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).
(4) The promoter, allottee or real estate agent, as the case may be, shall
comply with the orders of the regulatory authority or the Appellate Tribunal, within
the period specified by the court, which shall not be more than sixty days from the
date of compounding of the offence.
CHAPTER-XII

MISCELLANEOUS

46. Interpretation.- If any question arises relating to the interpretation of these

rules or when express provision has not been made in these rules about a particular
matter, the same shall be referred to the Housing Department for its decision and
decision of the State Government shall be binding.

47. Residuary provision.- Matters relating to the terms and conditions of

service of the Chairperson or a Member with respect to which no express provision
has been made in these rules, shall be referred by the Authority to the State
Government for its decision, and the decision of the State Government thereon shall
be applicable to the Chairperson or Member, as the case may be.

CHAPTER-XIII

BUDGET AND REPORT

48. Budget, accounts and audit. (1) At the end of the financial year of every
year, the Authority shall prepare a budget, maintain proper accounts and other
relevant records and prepare an annual statement of accounts in Form –‘S’.

(2) The Authority shall preserve the accounts and other relevant records
prepared under sub-rule (1) for a minimum period of five years.

(3) The accounts and other relevant records under sub-rule (1) shall be signed by
the Chairperson, Members, Secretary and the officer in-charge of Finance and
Accounts.

(4) The accounts of the Authority and the audit report shall, as soon as possible,
be submitted to the appropriate Government for laying before the Parliament.
 37

49. Annual Report.— (1) The Authority shall prepare its annual report in
Form-T.

(2) The Authority may also include in the Annual Report such other matters as
deemed fit by the Authority for reporting to the appropriate Government.

(3) The annual report shall, after adoption at a meeting of the Authority and
signed by the Chairperson and Members and authenticated by affixing the common
seal of the Authority, with requisite number of copies thereof, be submitted to the
appropriate Government within a period of one hundred and eighty days immediately
following the close of the year for which it has been prepared.

By Order and in the name of the

Governor of Karnataka
Sd/-
(Kapil Mohan)
Principal Secretary to Government
Department of Housing
 38

FORM ‘A’
[See sub rule (2) of rule 3]

APPLICATION FOR REGISTRATION OF PROJECT

To
The Real Estate Regulatory Authority (Name of Place)

Sir,
[I/We] hereby apply for the grant of registration of [my/our] project to be set
up at Tehsil
District State .
1. The requisite particulars are as under:-
(i) Status of the applicant - [individual / company / proprietorship firm / societies /
partnership firm / competent authority etc.];
(ii) 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.)
(f) Name, photograph, contact details and address of [chairman / partners / directors]
and authorised person etc.
(iii) PAN No. of the promoter;
(iv) Name and address of the bank or banker with which account in terms of sub-clause (D) of
clause (l) of sub- section (2) of section 4 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 delay in its 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 by way of a demand draft / bankers cheque dated
drawn on 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
 39

date paid, transaction no. etc.);

(ix) Any other information the applicant may like to furnish.
2. [I/We] enclose the following documents, namely:-
(i) authenticated copy of the PAN card of the promoter;
(ii) 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;
(iii) 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;
(iv) 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;
(v) where the promoter is not the owner of the land on which development of project is
proposed details of the consent of the owner of the land along with a 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 and copies of title and other documents reflecting the title of such owner
on the land on which project is 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
project along with its boundaries including the latitude and longitude of the end
points of the project;
(x) proforma of the allotment letter, agreement for sale, and the conveyance deed
proposed to be signed with the allottees;
(xi) the number, type and the carpet area of apartments for sale in the project along with
the area of the exclusive balcony or verandah areas and the exclusive open terrace
areas with the apartment, if any;
(xii) the number and areas of garage for sale in the project;

(xiii) the number of open parking areas and the number of covered parking areas available
in the real estate project;
(xiv) the names and addresses of his real estate agents, if any, for the proposed project;
(xv) the names and addresses of the contractors, architect, structural engineer, if any
and other persons concerned with the development of the proposed project;
(xvi) a declaration in Form ‘B’.
3. [I/We] enclose the following additional documents and information regarding ongoing
projects, as required under rule 4, and under other provisions of the Act or the rules and
regulations made thereunder, namely:-
(i)
(ii)
 40

(iii)
……..

4. [I/We] solemnly affirm and declare that the particulars given herein are correct
to [my/our] knowledge and belief and nothing material has been concealed by
[me/us] therefrom.
Dated:
Place:
Yours faithfully,

Signature and seal of the

applicant(s)
 FORM-B

[See sub-rule (4) of rule 3]

DECLARATION, SUPPORTED BY AN AFFIDAVIT, WHICH SHALL BE SIGHNED BY

THE PROMOTER OR ANY PERSON AUTHORIZED BY THE PROMOTER

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 to the land on which the development of
the project is proposed
OR

__________________ have/has a legal title 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 said land is free from all encumbrances.

OR

That details of encumbrances ________________ including 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
is
_________.
4. 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.
5. That the amounts from the separate account, to cover the cost of the project, shall
be withdrawn in proportion to the percentage of completion of the project.
6. That the amounts from the separate account shall be withdrawn 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.

41
7. That I / 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.
8. That I / promoter shall take all the pending approvals on time, from the
competent authorities.
9. That I / promoter have / has furnished such other documents as have been
prescribed by the rules and regulations made under the Act.
10. That I / promoter shall not discriminate against any allottee at the time of
allotment of any apartment, plot or building, as the case may be, on any grounds.

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

42
 FORM-C

[See sub-rule (1) of rule 6]

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.____________________________Taluk_____________District_____________

___ State_____________________;

OR

(in the case of a firm or society or company or competent authority)

______________firm or society or company or competent authority
__________________ having its registered office or principal place of business at
______________.

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

a. The promoter shall enter into an agreement for sale with the allottees as
provided in Annexure A;
b. 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 section 17;
c. 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 of the Act;
d. The registration shall be valid for a period of ______ years commencing
from

_____________and ending with ________________________unless renewed by

the Real Estate Regulatory Authority in accordance with section 6 of the Act
read with rule 7 of these rules;
e. The promoter shall comply with the provisions of the Act and the rules
and regulations made thereunder;
f. The promoter shall not contravene the provisions of any other law for
the time being in force in the area where the project is being developed.

43
3. If the above mentioned conditions are not fulfilled by the promoter, the regulatory
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.

Dated:

Place:

Signature and seal of the

Authorized Officer

Real Estate Regulatory Authority

44
 FORM ‘D’
[See sub-rules (2) of rule 6 and sub-rule (4) of rule 7 and rule8]

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 Real Estate Regulatory Authority (Name of place)

To

[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:-

Place:
Dated:

Signature and seal of the

Authorised Officer Real
Estate Regulatory
Authority

45
 FORM ‘E’
[See sub- rule (1) of rules 7]

APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT

From:

To
The Real Estate Regulatory Authority (Name of Place)

Sir,
[I/We] hereby apply for extension of registration of the following project:

registered with the Authority vide project registration certificate bearing No. ,
which expires on .
As required [I/We] submit the following documents and information, namely:-
(i) A demand Draft No. / Bankers Cheque No. dated for rupees
in favour of drawn on bank as extension fee as provided
under sub- rule (2) of rule 6 or through online payment as the case may be
(give details of online payment such as date paid, transaction no. etc.);
(ii) Authenticated 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 ;
(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 Authority;
(v) The authenticated copy of the project registration certificate; and
(vi) Any other information as may be specified by regulations.

Place:
Dated:

Yours faithfully,

Signature and seal of the applicant(s)

46
 FORM ‘F’

[See sub-rule (4) of rule 7]

CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT

This extension of registration is granted under section 6, to the following project:

,
registered with the Authority vide project registration certificate bearing No. of:-

1. [in the case of an individual] [Mr./Ms.] son of

[Mr./Ms.] Tehsil District State of
Karnataka ; OR

[in the case of a firm / society / company / competent authority etc.] [firm /
society / company / competent authority etc.] having its
[registered office/principal place of business] at
.
2. This extension 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, plot or
building, as the case may be, or the common areas as per section 17;
(ii) The promoter shall deposit seventy per cent. 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;
(iii) The registration shall be extended by a period of [days / weeks / months] and
shall be valid until
;
(iv) The promoter shall comply with the provisions of the Act and the rules and regulations
made thereunder;
(v) The promoter shall not contravene the provisions of any other law for the time being
in force as applicable to the project;
(vi) 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.

Date:

Place
Signature and seal of the
Authorised Officer Real
Estate Regulatory Authority

47
 FORM-G

[See sub-rule (1) of rule 9]

APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT

To

The Real Estate Regulatory Authority

____________________

____________________

Sir,

I/We beg to 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 _________Government of Karnataka in
terms of the Act and the rules and regulations made thereunder,

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

Mr./Ms.____________________________Taluk_____________District_____________State
_____________________;
OR

(in the case of a firm or societies or co-operative society or company)

______________firm or society or company

__________________having its registered office or principal place of

business at______________.

2. The requisite particulars are as under:-

(i) Status of the applicant, whether individual or company or proprietorship

firm or societies or co-operative society or partnership firm or limited liability
partnership;
(ii) In case of individual,–

(a) Name;
(b) Father’s Name;
(c) Occupation;
(d) Permanent address;
(e) Photograph.
OR

In case of firm or societies or companies -

(a) Name;
(b) Address;
(c) Copy of registration certificate;

48
 (d) Major activities;
(e) Name, photograph and address of partners / directors etc.
income tax returns filed under the provisions of the Income Tax Act,
1961 for three financial years preceeding 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 year preceeding the
application, a declaration to such effects;
particulars of registration including the bye-laws, memorandum of
association, articles of association etc. as the case may be;
authenticated copy of the address proof of the place of business;
Details of registration in any other State or Union territory; and
Any other information the applicant may like to furnish.
3. I/we enclose the following documents along with, namely:-
(i) Demand Draft No. ____________ dated _____________ for a sum of Rs.

____________, in favour of __________, drawn on _______________ bank as

registration fee as per sub-rule (2) of rule 10 of these rules;

(ii) Income tax returns of the last 3 years or declaration as the case may be;

(iii) authenticated copy of the PAN card of the real estate agent; and

(iv) 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 of the

applicant(s)

49
 FORM-H

[See sub-rule (2) of rule 10]

REGISTRATION CERTIFICATE OF REAL ESTATE AGENT

1. This registration is granted under section 9 of the Act with registration

certificate bearing No. _______ to -

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

Mr./Ms.____________________________Taluk_____________District_____________S
tate_____________________;

OR

(in the case of a firm or society or company) ______________ firm or society or

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 in terms of the Act and the rules and regulations made
thereunder,

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 14;
(iii) The real estate agent shall not involve himself in any unfair trade
practices as specified under clause (c) of section 10 of the Act;
(iv) The real estate agent shall provide assistance to enable the allottee and
promoter to exercise their respective rights and fulfil 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 of the Act and the
rules and regulations made thereunder;
(vi) The real estate agent shall not contravene the provisions of any other law
for the time being in force in the area where the project is being developed;
(vii) 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 of the Act or the
rules and regulations made thereunder.

50
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 thereunder.

Dated:

Place:

Signature and seal of the Authorized

Officer

Real Estate Regulatory Authority

51
 FORM ‘I’

[See sub-rule (3) of rule 10 and sub rule (4) of rule 11 and rule 12]

INTIMATION OF

REJECTION OF APPLICATION FOR REGISTRATION OF REAL ESTATE

AGENT OR REJECTION OF APPLICATION FOR RENEWAL OF
REGISTRATION OF REAL ESTATE AGENT OR REVOCATION OF
REGISTRATION OF REAL ESTATE AGENT

From:

The Real Estate Regulatory Authority,

_______________________

_______________________

To

_______________________

_______________________

_______________________

Application or Registration No.: _______________________

Dated: _______________________

You are hereby informed that your application for registration as real estate
agent is rejected.

OR

52
You are hereby informed that your application for the 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

Real Estate Regulatory Authority

53
 FORM-J

[See sub-rule (1) of rule 11]

APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT

From:

_______________________

_______________________

_______________________

To

The Real Estate Regulatory Authority,

_______________________

_______________________

_______________________

Sir,

I/we beg to 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) A demand draft no._______________ dated _______________ for

rupees___________ in favour of ___________drawn on_______________________

bank as renewal fee;

(ii) The original registration certificate; and

54
(iii) Status of the applicant, whether individual or company or proprietorship
firm or societies or co-operative society or partnership firm or limited
liability partnership;

(iv) In case of individual –

(a) Name;
(b) Father’s Name;

(c) Occupation;

(d) Permanent address; and

(e) Photograph.
OR

In case of firm or societies or co-operative society or companies -

(a) Name;
(b) Address;
(c) Copy of registration certificate;
(d) Major activities; and
(e) Name, photograph and address of partners or directors.

(v) income tax returns filed under the provisions of the Income Tax Act, 1961
for three financial years preceeding 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 year preceeding 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; and

(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 of the

applicant(s)

55
 FORM-K

[See sub-rule(4) of rule 11]

RENEWAL OF REGISTRATION OF REAL ESTATE AGENT

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

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

Mr./Ms.____________________________Taluk_____________District______________

___State_____________________;

OR

(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 documents as provided under rule 14 of these
rules;

(iii) The real estate agent shall not involve himself in any unfair trade
practices as specified under clause (c) of section 10 of the Act;

(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 fulfil their respective
56
 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 of the Act and the
rules and regulations made thereunder;

(vii) The real estate agent shall not contravene the provisions of any other
law for the time being in force in the area where the project is being
developed; and

(viii) 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 of the Act or the rules
and regulations made thereunder.

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 thereunder.

Dated:

Place:

Signature and seal of the Authorized

Officer

Real Estate Regulatory Authority

57
 FORM-L

[See sub rule (1) of rule 21]

Form of Oath of Office for the Chairperson or Members of the Real

Estate Regulatory Authority

I, _____________________, having been appointed as the Chairperson or

Member (cross the portion not applicable) solemnly affirm and (or) do
swear in the name of God I will faithfully and conscientiously discharge my
duties as the Chairperson or Member (cross the portion not applicable), of
the Real Estate Regulatory Authority, to the best of my ability, knowledge
and judgement, without fear or favour, affection or ill-will.

(Name of the Chairperson / Member)

Dated : Real Estate Regulatory Authority

--------------

FORM-M

[See sub-rule (1) of rule 21]

Form of Oath of Secrecy for the Chairperson or Members of the Real Estate
Regulatory Authority

I, _____________________, having been appointed as the Chairperson or

Member (cross the portion not applicable) solemnly affirm and do swear in
the name of God I will not directly or indirectly communicate or reveal to
any person or persons any matter which shall be brought under my
consideration or shall become known to me as the Chairperson or
Member (cross the portion not applicable), of the said Real Estate
Regulatory Authority, except as may be required of my duties as the
Chairperson or Member (cross the portion not applicable).

(Name of the Chairperson /

Member)

Dated : Real Estate Regulatory Authority

58
 FORM ‘N’

[See sub-rule (1) of rule 29]

COMPLAINT TO REGULATORY AUTHORITY

Complaint under section 31 of the Act

For use of Regulatory Authority(s) office:

Date of filing: ______________________

Date of receipt by post: ______________________

Complaint No.: ______________________

Signature: ________________________

Registrar: ________________________

IN THE REGULATORY AUTHORITIES OFFICE (Name of place)

Between

______________________ Complainant(s)

And

______________________ Respondent(s)

Details of claim:

1. Particulars of the complainant(s):

(i) Name of the complainant:
(ii) Address of the existing office / residence of the complainant:
(iii) Address for service of all notices:
2. Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:
3. Jurisdiction of the regulatory authority:
The complainant declares that the subject matter of the claim falls within the
jurisdiction of the regulatory authority.

4. Facts of the case:

[give a concise statement of facts and grounds for complaint]

5. Relief(s) sought:
In view of the facts mentioned in paragraph 4 above, the complainant prays
for the following relief(s) _____________________________________________
[Specify below the relief(s) claimed explaining the grounds of relief(s) and the
legal provisions (if any) relied upon]

6. Interim order, if prayed for:

59
 Pending final decision on the complaint the complainant seeks issue of the
following interim order:

[Give here the nature of the interim order prayed for with reasons]

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

The complainant further declares that the matter regarding which this
complaint has been made is not pending before any court of law or any other
authority or any other tribunal(s).

8. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule
36:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number
9. List of enclosures:
[Specify the details of enclosures with the complaint]

Verification

I__________ (name in full block letters) son / daughter of ______ the complainant
do hereby verify that the contents of paragraphs [1 to 9] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place:

Date:

Signature of the complainant(s)

60
 FORM ‘O’

[See sub-rule (1) of rule 30]

APPLICATION TO ADJUDICATING OFFICER

Claim for compensation under section 31 read with section 71

of the Act For use of Adjudicating Officers office:

Date of filing: ______________________

Date of receipt by post: ______________________

Application No.: ______________________

Signature: ________________________

Authorized Officer: ________________________

IN THE ADJUDICATING OFFICERS OFFICE (Name of place)

Between

______________________ applicant(s)

And

______________________ Respondent(s)

Details of claim:

1. Particulars of the applicant(s):

(i) Name of the applicant:
(ii) Address of the existing office / residence of the appellant:
(iii) Address for service of all notices:
(iv) Details of allottees apartment, plot or building
2. Particulars of the respondents:
(i) Name(s) of respondent:
(ii) Office address of the respondent:
(iii) Address for service of all notices:
(iv) Registration no. and address of project:
3. Jurisdiction of the Adjudicating Officer:
The applicant declares that the subject matter of the claim falls within the
jurisdiction of the adjudicating officer.
4. Facts of the case:
[give a concise statement of facts and grounds of claim against the promoter]

5. Compensation(s) sought:
In view of the facts mentioned in paragraph 4 above, the applicant prays for
the following compensation(s) _____________________________________________

61
 [Specify below the compensation(s) claimed explaining the grounds of claim(s)
and the legal provisions (if any) relied upon]

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

The applicant further declares that the matter regarding which this appeal
has been made is not pending before any court of law or any other authority
or any other tribunal(s).

7. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule
36:
(iv) Amount
(v) Name of the bank on which drawn
(vi) Demand draft number
8. List of enclosures:
[Specify the details of enclosures with the application]

Verification

I__________ (name in full block letters) son / daughter of ______ the applicant do
hereby verify that the contents of paragraphs [1 to 8] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place:

Date:

Signature of the applicant(s)

62
 FORM-P

[See rule 38]

Form of Oath of Office for the Chairperson or Members of the

Appellate Tribunal

I, _____________________, having been appointed as the Chairperson or

Member (cross the portion not applicable) solemnly affirm and (or) do
swear in the name of God I will faithfully and conscientiously discharge my
duties as the Chairperson or Member (cross the portion not applicable), of
the Real Estate Regulatory Authority, to the best of my ability, knowledge
and judgement, without fear or favour, affection or ill-will.

(Name of the Chairperson / Member)

Dated : Appellate Tribunal

--------------

FORM-Q

[See rule 38]

Form of Oath of Secrecy for the Chairperson or Members of the

Appellate Tribunal

I, _____________________, having been appointed as the Chairperson or

Member (cross the portion not applicable) solemnly affirm and do swear in
the name of God I will not directly or indirectly communicate or reveal to
any person or persons any matter which shall be brought under my
consideration or shall become known to me as the Chairperson or
Member (cross the portion not applicable), of the said Real Estate
Regulatory Authority, except as may be required + of my duties as the
Chairperson or Member (cross the portion not applicable).

(Name of the Chairperson / Member)

Dated : Appellate Tribunal

63
 FORM-R

[See sub-rule (2) of rule 33]

APPEAL TO APPELLATE TRIBUNAL

Appeal under section 44 of the Act

Every appeal shall be filed in English and in case it is in some other Indian
language, it shall be accompanied by a copy translated in English and shall be
fairly and legibly type-written, lithographed or printed in double spacing on one
side of standard petition paper with an inner margin of about four centimetres
width on top and with a right margin on 2.5 cm, and left margin of 5 cm, duly
paginated, indexed and stitched together in paper book form.

For use of Appellate Tribunal's office:

Date of filing: ______________________

Date of receipt by post: ______________________

Registration No.: ______________________

Signature: ________________________

Registrar: ________________________

IN THE REAL ESTATE APPELLATE TRIBUNAL

xx

………………………..

xx – here specify the place of Tribunal

Between

______________________ Appellant(s)

And

______________________ Respondent(s)

Details of appeal:

1. Particulars of the appellants:

(i) Name of the appellant;
(ii) Address of the existing office / residence of the appellant;
(iii) Address for service of all notices.
2. Particulars of the respondents:
(i) Name(s) of respondent;
(ii) Office address of the respondent;
(iii) Address for service of all notices.
3. Jurisdiction of the Appellate Tribunal:
The appellant declares that the subject matter of the appeal falls within the
jurisdiction of the Appellate Tribunal.

4. Limitation:

64
 The appellant declares that the appeal is within the limitation specified in
sub-section (2) of section 44

OR

If the appeal is filed after the expiry of the limitation period specified under
sub-section

(2) of section 44 specify reasons for delay

_____________________________________

5. Facts of the case:

(give a concise statement of facts and grounds of appeal against the specific
order of regulatory authority or the adjudicating officer, as the case may be
passed under section(s) ___________________ of the Act.

6. Relief(s) sought:
In view of the facts mentioned in paragraph 5 above, the appellant prays for
the following relief(s) _____________________________________________
[Specify below the relief(s) sought explaining the grounds of relief(s) and the
legal provisions (if any) relied upon]
7. Interim order, if prayed for:
Pending final decision on the appeal the appellant seeks issue of the following
interim order:

[specify here the nature of the interim order prayed for with reasons]

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

The appellant further declares that the matter regarding which this appeal
has been made is not pending before any court of law or any other authority
or any other tribunal(s).
9. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of rule
28 of the rules:
(i) Amount
(ii) Name of the bank on which drawn
(iii) Demand draft number
10. List of enclosures:
(i) An attested true copy of the order against which the appeal is filed;
(ii) Copies of the documents relied upon by the appellant and referred to in
the appeal;
(iii) An index of the documents.
Verification

I__________ (name in full block letters) son / daughter of ______ the appellant do
hereby verify that the contents of paragraphs [1 to 10] are true to my personal
knowledge and belief and that I have not suppressed any material fact(s).

Place:

Date:

Signature of the
appellant(s)

65
 FORM- S

[See sub-rule (1) of rule 48]

ANNUAL STATEMENT OF ACCOUNTS

Receipts and Payments Account

For the year ended _______________________

A/c Receipts Current Previo A/c Payments Curre Previo

Code year us Code nt us

As On Year year year

(in As on As on As on
rupees
(in (in (in
rupees) rupees) rupees

To Balance
1. Brought 13. By Chairperson and

down: Members:

1.1. To Bank 13.1. By Pay and Allowances

1.2. To Cash in hand 13.2. By Other benefits

To Fee, Charges
2. and 13.3. By Travelling expenses:

Fine:

2.1. To Fees 13.3. By Overseas

1.

2.2. To Charges 13.3. By Domestic

2.

2.3. To Fines 14. By Officers:

2.4. To Others (specify) 14.1. By Pay and Allowances

3. To Grants: 14.2. By Retirement benefits

3.1. To Accounts with 14.3. By Other benefits

Government

3.2. To Others (specify) 14.4. By Travelling expenses:

4. To Gifts 14.4. By Overseas

1.

66
5. To Seminars and 14.4. By Domestic

conferences 2.

6. To Sale of 15. By Staff:

Publications

7. To Income on 15.1. By Pay and Allowances

investments and

Deposits :

7.1. To Income on 15.2. By Retirement benefits

investments

7.2. To Income on 15.3. By Other benefits

Deposits

8. To Loans: 15.4. By Travelling expenses:

8.1. To Government 15.4. By Overseas

1.

8.2. To Others (specify) 15.4. By Domestic

2.

9. To Sale of Assets 16. By Hire of Conveyance

10. To Sale on 17. By Wages

Investments

11. To Recoveries from 18. By Overtime

pay bills

11.1. To Loans and

Advances Principal
Amount 19. By Honorarium

11.2. To Interest on
Loans and
Advances 20. By Other office

11.3. To Miscellaneous expenses

51 To Others (specify) 21. By Expenditure on

Research

22. By Consultation

67
 expenses

23. By Seminars and

conferences

24. By Publications of

Authority

25. By Rent and Taxes

26. By Interest on Loans

27. By Promotional

Expenses

28. By Membership fee

29. By Subscription

30. By Purchase of Fixed

Assets (specify)

31. By Investments and

Deposits:

31.1 By Investments

31.2 By Deposits

32. By Security Deposits

33. By Loans and

Advances to:

33.1 By Employees:

33.1. By Bearing Interest

1.

33.1. By Not bearing Interest

2.

33.2. By

Suppliers/contractors

33.3. By others (specify)

34. By Repayment of loan

35. By Others

68
 35.1. By Leave Salary and

Pension

35.2. Contribution

35.3. By Audit Fee

35.4. By Misc:

36. By Balance carried

down:

36.1 By Bank

36.2 By Cash in hand

Total Total

Chairperson
Member(s) (Signature) (Signature)

Income and Expenditure Account

For the 1st April _______________to 31st March________________________

A/c Expenditure Curre Previo A/c Income Current Previous

Code nt us Code Year Year As

As on On

(in (in
Year Year rupees) rupees)

As on As on

(in ( in
rupees) rupees)

37. To Chairperson and 61. By Fee, Charges

Members and Fine

To Pay and
37.1. Allowances 61.1. By Fee

37.2. To Other benefits 61.2. By Charges

69
 To Travelling
37.3. Expenses 61.3. By Fines

By Others
37.3. To Overseas 61.4. (specify)
1.

37.3. To Domestic 62. By Grants

2.

38. To Officers 62.1. By Account with

Government

To Pay and
38.1. Allowances 62.2. By Others
(Specify)

To retirement
38.2. Benefits 63. By Gifts

By Seminars
38.3. To Other Benefits 64. and
Conferences

To Traveling 65. By Sale of

38.4. Expenses Publications

38.4. To Overseas 66. By Income on

1. investments and

Deposits

38.4. To Domestic 66.1. By Income on

2. investments

39. To Staff 66.2. By Income on

Deposits

To Pay and By Interest on

39.1. Allowances 66.3.
Loan and
Advances

To Retirement By
39.2. Benefits 67. Miscellaneous
Income

By Gain on
39.3. To Other Benefits 67.1. Sales

70
 of Assets

67.2. By Excess of

expenditure over
To Traveling
39.4. expenses income

39.4. To Overseas 67.3. (Transferred to

1. Capital Fund

Account)

39.4. To Domestic
2.

To hire of
40. Conveyance

41. To Wages

42. To Overtime

43. To Honorarium

44. To Other office

expenses

45. To expenditure on
Research

46. To Consultation
expenses

47. To Seminars and

conferences

To Publications of
48. Real
Estate Regulatory

Authority

49. To Rent and Taxes

50. To Interest on loans

51. To Promotional
Expenses

71
52. To membership fee

53. To Subscription

54. To Others

54.1. To Leave Salary and

Pension

54.2. Contribution

54.3. To Audit Fee

54.4. To Misc.

55. To Depreciation

56. To Loss on sale of

assets

To Bad Debts
57. written
off

To Provision for bad

58. &

doubtful debts

59. To Excess of income

over Expenditure

(Transferred to
60. capital
Fund Account)

Total Total

Chairperson
Member(s) (Signature) (Signature)

72
 Balance Sheet as on 31st March
__________

A/c Liabilities Curre Previou A/c Assets Current Previous

Year As on

Cod nt s Year Code ( in rupees) Year As

As on On

(in (in
e Year rupees) rupees)

As on

(in
rupees)

Fixed
68. Funds 72. Assets

Gross Block
68.1 Capital Fund 72.1. at
. Cost

68.2 72.2. Less

Add Excess of
. Cumulative
Income over
depreciation
Expenditure/
less excess of

Expenditure

over Income

68.3 Other Funds 72.3. Net Block

. (Specify)

Capital
69. Reserves 73. Work-
in-progress

Investments
70. Loans 74. &
Deposits

70.1 Government 74.1. Investment

73
.

70.2 Others 74.2. Deposits

71. Current 75. Loans and

Liabilities Advances

and provisions

75.1. Account with

Government

76. Sundry
Debtors

Cash
and
77. Bank
Balance
s

Other
78. Current
Assets

Total Total

Accounting Policies and Notes:

Member(s) Chairperson
(Signature) (Signature)

74
 FORM-T

[See sub-rule (1) of rule 49]

ANNUAL REPORT TO BE PREPARED BY REGULATORY AUTHORITY

(i) Chairman’s statement:

(ii)Objectives:
(iii)Important achievements:
(iv)The year in review:
a. Landmark decisions:
b. Legislative work:
c. Outreach programme:
(v) Capacity building:
(vi) International engagements:
(vii) Impact on:
a. Allottees:
b. Promoters:
c. Real Estate Agents:
d. Economy:
B. Registration of promoters and real estate agents under the Act:
I. In relation to Promoters:

Serial Name of Address Description of Fee Registration

Number promoter of project for paid Number
promote which
r registration
has been
1 2 3 4 5 6
issued

Date of issue of Date on which Date of extension of Remar

registration registration registration with k
expires period of extension
7 8 9 10

II. In relation to Real Estate Agents:

Serial Name Address Registratio Registratio Date of Date on Date and Remar
Number of Real of Real n Fee n issue of which period of k
Estate Estate paid Number registrati registrati renewal of
Agent Agent on on registratio
certificat certificat n
e e expires certificate
1 2 3 4 5 6 7 8 9

C. Number of cases filed before the Authority and the adjudicating officer for
settlement of disputes and number of cases disposed:

SI. No. No. of cases pending in No. of cases received during the No. of cases disposed of
the last quarter with the quarter by the by the Authority
Authority Authority

75
Sl. No. No. of cases pending in No. of cases received during the No. of cases disposed of
the last quarter with the quarter by the by the adjudicating
adjudicating officer adjudicating officer officer

D. Statement on the periodical survey conducted by the Authority to monitor the

compliance of the provisions of the Act by the promoters, allottees and real estate
agents:

Sl. No. Survey conducted Observation of Authority Remedial steps taken

during the quarter
with details

E. Statement on steps taken to mitigate any non-compliance of the provisions of the

Act and the rules and regulations made thereunder by the promoters, allottees and
real estate agents:

Sl. No. Subject Steps Results achieved

taken

F. Statements on directions of the Authority and the penalty imposed for

contraventions of the Act and the rules and regulations made thereunder and
statement on interest and compensations ordered by the adjudicating officer:
Sl. No. Name of the Details of the Penalty / Whether paid
promoter directions issued by interest /
the Authority / compensation
adjudicating officer s imposed

Sl. No. Name of the Details of the Penalty / Whether paid

allottee directions issued by interest /
the Authority / compensation
adjudicating officer s imposed

Sl. No. Name of the real Details of the Penalty / Whether paid
estate directions issued by interest /
agent the Authority / compensation
adjudicating officer s imposed

G. Investigations and inquiries ordered by the Authority or the adjudicating officer: A

brief narrative of investigations and inquiries taken up by the Authority or the
adjudicating officers and references received from the competent authority or the
appropriate Government.

76
 H. Orders passed by the Authority and the adjudicating officer: A brief narrative of
orders passed by the Authority or the adjudicating officers separately for where no
offence is made out, and in case offence is proved, category-wise for each category
of orders passed along with a tabular statement indicating the sections under
which the order was passed and brief particulars of the orders.

I. Execution of the orders of the Authority and imposition of penalties: (i) monetary
penalties – details of recovery of penalty imposed, details of penalty imposed but not
recovered, total number of matters and total amount of monetary penalty levied, total
amount realized by resorting to rule 23; (ii) matters referred to court under section
59 – total number of matters referred to the court during the year, total number of
matters disposed of by the court during the year, total number of matters pending
with the court at the end of the year; (iii) matters referred to court for execution of
order under section 40 – total number of matters referred to the court during the
year, total number of matters disposed of by the court during the year, total number
of matters pending with the court at the end of the year.
J. Execution of the orders of the adjudicating officer and imposition of interest and
compensation: (i) interest and compensations – details of interest and compensation
imposed, details of interest and compensation imposed but not paid, total number of
matters and total amount of interest and compensations imposed, total amount
realized by resorting to rule 23; and (ii) matters referred to court for execution of
order under section 40 – total number of matters referred to the court during the
year, total number of matters disposed of by the court during the year, total number
of matters pending with the court at the end of the year.
K. Appeals:
(i) Number of appeals filed against the orders of the Authority or the adjudicating
officer in the year:
(ii) Number of appeals pending at the beginning of the year:
(iii) Appeals filed during the year:
(iv) Number of appeals allowed by the Appellate Tribunal during the year:
(v) Number of appeals disallowed by the Appellate Tribunal during the year:
(vi) Brief write up on the appeals allowed by the Appellate Tribunal:
L. References received from the appropriate Government under section 33: a brief
narrative on references received from the appropriate Government under section 33
providing for – number of references received during the year, number of references
disposed of during the year, number of references pending at the end of the year.
M. Advocacy measures under sub-section (3) of section 33: a brief narrative on activities
undertaken under sub- section (3) of section 33 – (i) workshops, seminars and other
interactions with public / experts / policy-makers / regulatory bodies on laws and
polices relating to the real estate sector and for creating awareness on the same; (ii)
papers and studies published for advocacy on laws and policies relating to the real
estate sector and for creating awareness on the same; (iii) consultation papers
published/placed on website of the Authority; (iv) analytical papers prepared and
examined; (v) others.
N. Administration and establishment matters: (i) report of the Secretary; (ii) composition
of the Authority; (iii) details of Chairperson and Members appointed in the year and
of those who demitted office (iv) details of adjudicating officers appointed in the year
and those who demitted office; (v) organizational structure; (vi) a tabular statement
containing information on personnel in the Authority, category-wise: sanctioned
posts, posts filled up, vacancies, appointments made in the year etc.
O. Experts and consultants engaged: details of number of experts and consultants
appointed in the year and of those who demitted office.
P. Employee welfare measures, if any, beyond the regular terms and conditions of
employment, undertaken by the Authority.
Q. Budget and Accounts: (i) budget estimates and revised estimates, under broad
categories; (ii) receipts under broad categories in the Real Estate Regulatory Fund
established under sub-section (1) of section 75; (iii) actual expenditure under broad
categories; (iv) balance available in the Real Estate Regulatory Fund under sub-
section
(1) of section 75; (v) any other information.

77
 R. International cooperation: A brief narrative of international cooperation, if any,
undertaken by the Authority.
S. Capacity Building: A brief narrative of capacity building initiative undertaken
including (i) number of employees (category wise and grade wise) trained in house
with details of such programmes like content, duration and faculty; (ii) number of
employees (category wise and grade wise) trained by outside institutions (separately
within Indian and outside India) with details of names of institutions and duration
also to specify whether training was under internship, exchange programme,
fellowships, study leave, special arrangements with foreign universities/institutions;
(iii) expenditure of capacity building initiatives.
T. Ongoing programmes: A brief narrative of ongoing programmes.
U. Right to Information: A brief narrative of (i) number of applications received by
CPIO/ACPIO seeking information under RTI Act; (ii) Number of applications for
which information has been provided by CPIO; (iii)
number of applications pending with CPIO; (iv) number of appeals filed
before the First Appellate Authority against the ordaer of CPIO; (v) number
of appeals which have been disposed of by First Appellate Authority; (vi)
number of appeals pending with the First Appellate Authority; (vii) number
of applications/appeals not disposed of in the stipulated time frame.
Chairperson-
(Signature)-
Member(s)-
(Signature)-

By Order and in the name of the

Governor of Karnataka
Sd/-
(KAPIL MOHAN)
Principal Secretary to Government
Department of Housing
To
Compiler, Karnataka State extra ordinary Gazette, Vikasa Soudha
Bangalore. With a request to publish this order Today in the Special
Gazette and provide 1000 copies to this Department.

1. The Principal Accountant General (G&SSA), (E&RSA)) and (A&E),

Bangalore, Karnataka
2. The Chief Secretary to Government, Vidhana Soudha Bangalore
3. Principal Secretary-I/Principal Secretary-II to Chief Minister,
Vidhana Soudha, Bangalore
4. All Additional Chief Secretaries/Principal Secretaries/Secretaries
to Government, Bangalore
5. The Secretary, Department of Parliamentary Affairs and
Legislation, Vidhana Soudha, Bangalore
6. Private Secretary to Hon’ble Minister for Housing, Bangalore.
7. Section Guard file/ Spare Copies.

78