Comparative analysis of Andhra Pradesh, Telangana, Karnataka and Tamil Nadu RERA Rules 2017

CHAPTER I PRELIMINARY

DESC ANDHRA PRADESH TELANGANA KARNATAKA TAMIL NADU ANALYSIS

RIPTI
ON
Disclo Section 2(j): Not defined Not defined Not defined
sures Disclosures means, the
information and documents
to be uploaded by the
Promoter on the website of
the Regulatory Authority as
well as the information and
documents, which he is liable
to give or produce or cause to
be given and produced to the
person intending to take or
invest in the project under the
Act including those
disclosures to the public at
large through print media,
electronic media, property
exhibitions and promotional
events under various related
Acts;
Saleab Not defined Section 2(g): Not defined Not defined
le Saleable Area = Carpet
Area Area + veranda/ balcony/
terrace area + the
proportionate share of
Common Areas and any
other area as agreed
between the Promoter and
Allottee in the agreement
of sale for which a
proportionate cost has
 been collected from the
Allottees;
Note: Veranda/balcony/
terrace area includes are
which is exclusively meant
for the Allottee
Parki Not defined Section 2(h): Not defined Section 2(j):
ng Parking Area means a Parking means the parking
area covered or open area space(s) as shown in the
which is sufficient in plans approved by the
planning authority
size to park vehicles and
which may be provided
in the basements and/or
stilt and/or podium
and/or in the form of
independent structure
built for providing
parking spaces and/or
parking provided by the
mechanized parking
arrangements.
Layou Section 2(I): Not defined Not defined Section 2(g):
t plan layout plan means a plan of Same as Andhra Pradesh
the project depicting the
division or proposed division
of land into plots, roads, open
spaces, amenities, etc., and
other details as may be
necessary
Limite Limited common areas and Not defined Not defined Not defined
d facilities of a building means,
comm entrance hall, staircases, lift,
on common passages on every
areas floor, firefighting systems
and within building including fire
faciliti chute, service floors or
es of a terraces above the upper most
buildi floor of the building but does
ng not include utility areas;
Land Section 5(1):
cost For the purposes of sub-
clause (D) of clause (l) of sub-
section (2) of section 4 of the
Act, Land cost shall be the
cost incurred by the
promoter, whether as an
outright purchase, lease
charges etc.
Section 2(i)(a)
Land cost shall include:
(i) The costs incurred by
the Promoter for
acquisition of ownership
and title of the land parcels
proposed for the real estate
project, including its lease
charges, Interest Costs,
which shall also include
overhead cost, marketing
and/or brokerage costs,
legal cost and supervision
cost.
(ii). Any security deposits,
payments payable to land
owner(s) in connection
with the Joint development
agreement,
(iii). Amount paid for
acquisition of Transferable
Development Rights in
accordance with applicable
laws;
(iv). Consideration payable
to the outgoing developer
to relinquish ownership
and title rights over the
land parcel forming part of
the real estate project;
(v). Amounts payable to
State Government or
Competent Authority or
any other Statutory
Section 5(1): Section 5(1):
(1) For the purposes of For the purposes of sub-
sub-clause (D) of clause clause (D) of clause (l) of
(l) of sub-section (2) of sub-section (2) of section 4,
section 4 of the Act, the the land cost shall be the
land cost means- market value of the land
i) the costs incurred by including the costs incurred
the promoter for by the promoter towards
acquisition of ownership the stamp duty and the
and title of the land registration fees for
parcels for the real estate acquiring ownership over
project as an outright the land either for freehold
purchase lease etc., or the or leasehold
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,
stamp duty, transfer
charges, registration
charges, conversion
charges, change, taxes,
statuary payments to the

Cost Section 5(2):
of For the purposes of sub-
constr clause (D) of clause (l) of sub-
uction section (2) of section 4 of the
Act, Construction cost shall
be the cost incurred by the
promoter, towards the on-site
expenditure for the physical
development of the project.
Authority of the State or
Central Government,
towards Stamp Duty,
Transfer charges,
Registration fees,
land/zone change
conversion charges, NALA
charges, any taxes in
relation to the land etc.
Section 2(i)(b)
Cost of construction shall
include:
(i). The cost of construction
for the purpose of sub-
clause (D) of clause (I) of
sub-section (2) of section 4,
shall include all such costs,
incurred by the Promoter,
towards the on-site and
off-site expenditure for the
development of the Real
Estate project such as
mobilization advances to
contractors, procurement
advances to vendors,
construction equipment,
site preparations and so on
and onsite and offsite
construction activities,
payments/ instalments to
local
authority, and all other
items of expenditure for
the construction,
marketing and sale of the
project;
(ii). Fees, Charges, Interest
etc. and taxes and penalties
to any competent authority
state and central
government.
Section 5(2):
For the purposes of sub-
clause (D) of clause (l) of
sub-section (2) of section
4 of the Act, construction
cost 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,
interest etc., to any
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.,
Section 5(2):
The construction cost shall
be the cost incurred by the
promoter, towards the on-
site expenditure for the
physical development of
the project including the
cost incurred by way of
fees/charges paid towards
obtaining necessary
statutory clearances
including cost of Transfer of
Development Rights,
premium Floor Space Index
charges, Finance Cost for
the construction of the
project and professional
consulting charges.
EXPLANATION:
Engineer shall certify that
the items shown in the cost
of construction is matching
to the physical condition at
the site of the real estate
project; the architect shall
certify that the physical
condition at the site is built
as per the sanctioned plan;
and CA shall certify the cost
incurred on construction

Ongoi Section 2(o):
ng Ongoing Project means, a
Projec Project where development is
t going on and for which
Occupancy Certificate or
Completion Certificate has
not been issued but excludes
such Projects which fulfil any
of the following criteria on
the date of notification of
these rules.
1) Where roads, open spaces,
amenities and services have
been handed over to the local
authority in layout Projects.
2) Where all slabs are laid in
housing projects
3) Where all developmental
works have been completed
and sale / lease deeds of 50%
of the Apartments / Houses/
Plots have been executed
or statutory or local
authority of the Central or
State Government under
any laws or rules or
regulations for the time
being in force; and
(iii). Principal sums and
Interest, paid or payable to
any financial institutions
including scheduled banks
or nonbanking financial
companies etc. or any
lender for the Real Estate
Project
Section 2(j)
Ongoing Project means, a
Project where
development is going on
and for which Occupancy
Certificate or Completion
Certificate has not been
issued but excludes such
Projects for which building
permissions were
approved prior to
01.01.2017 by the
Competent Authorities
viz., UDAs / DTCP /
Municipal Corporations /
Municipalities / Nagar
Panchayats / TSIIC as the
case may be.
cost and land cost; the
chartered accountant shall
also certify the proportion
of the cost incurred on
construction and land cost
to the total estimated cost of
the project. After
completion of the project,
the promoter shall be
entitled to withdraw the
balance amount lying in the
separate account subject to
obtaining the certificate
from the engineer, architect
and chartered accountant as
mentioned above
Section 4: Section 2(h):
EXPLANATION: Ongoing project means, a
A project where project where development
development is going on is going on and for which
and for which completion certificate has
completion certificate not been issued but
has not been issued but excludes such projects
excludes such projects which fulfil any of the
which fulfil any of the following criteria on the
following criteria on the date of coming into force of
date of notification of sub-section (1) of section 3
these rules, namely- of the Act:-
1) In respect of the (1) in layout projects i.e.,
layouts where the where land is developed
streets and civic into plots, the roads and
amenities sites and open spaces gifted to the
other services have local body concerned;
been handed over to (2) the projects in Chennai
the Local Authority Metropolitan Area for
and Planning which application for
Authority for completion certificate has
maintenance; been filed with Chennai
Metropolitan Development
4) Where development works
have been completed and
application has been filed to
the competent authority for
issue of Completion or
Occupancy Certificate
3) Where all
4) Where all
5) Where Partial
2) In respect of Authority subject to
apartments where furnishing certificate from
common areas and the architect/licensed
facilities have been survey or/structural
handed over to the engineer associated with
registered the project to the effect that
Association all the buildings in the
consisting of majority projects have been
of allottees; structurally completed i.e.
all the columns, beams and
development work slabs have been erected
has been completed supported with
as per the Act and photographs. Chennai
certified by the Metropolitan Development
competent agency Authority will issue,
and sale/lease deeds completion certificate for
of sixty percent of the those projects in compliance
apartments/houses/ with Completion Certificate
plots have been norms prescribed. If
registered and Completion Certificate is
executed; for violation of norms, such
projects will be intimated to
development works the Real Estate Regulatory
have been completed Authority and will be
as per the Act and bound for registration with
certified by the Real Estate Regulatory
competent agency Authority. The details of all
and application has projects where Completion
been filed with the Certificate application has
competent authority been filed with Chennai
for issue of Metropolitan Development
completion Authority prior to
certificate/occupatio notification of these rules
n certificate; and will be disclosed to the
public by publishing the list
occupancy certificate of all such projects on the
is obtained to the website of Chennai
extent of the portion Metropolitan Development
for which the partial Authority and Real Estate
Occupancy Regulatory Authority
Certificate is immediately after
obtained. notification of these rules.
(3) in the case of projects
under execution outside
Chennai Metropolitan Area,
as no provision and
procedure has yet been
prescribed for issue of
completion certificate, if the
construction is structurally
completed meaning that all
the columns, beams and
slabs have been erected and
certified by the architect or
structural
engineer/licensed surveyor
associated with the project
supported with
photographs. Such projects
shall be intimated to the
concerned Local Planning
Authority or Regional
Deputy Director of the
Town and Country
Planning Department
within 15 days from the
date of notification of these
rules with a copy marked to
the office of the Director of
Town and Country
Planning. The Director of
Town and Country
Planning will make public
the list of all such projects
in his official website, on
the 16th day of notification
of the rules besides
publication of the same in

Reser Not defined
ved
car
park
Sale Section 9:
agree (1) The agreement for sale
ment shall be in the form as per
& Annexure ‘A’.
constr (2) Any application letter,
uction allotment letter or any other
agree document signed by the
ment allottee, in respect of the
apartment, plot or building,
prior to the execution and
registration of the agreement
for sale for such apartment,
plot or building, as the case
may be, shall not be
construed to limit the rights
and interests of the allottee
under the agreement for sale
or under the Act or the rules
Not defined
Section 38:
(1) The Agreement for Sale
to be executed between the
promoter and the allottee
shall be in the form as per
Annexure.
(2) Any application letter,
allotment letter,
agreement, or any other
document signed by the
allottee, in respect of the
apartment, plot or
building, as the 26 case
may be, prior to the
execution and registration
of the Agreement for Sale
for such apartment, plot or
building, as the case may
be, shall not be construed
the website of Real Estate
Regulatory Authority.
Not defined Section 2(k):
Reserved Car Park means
an enclosed or unenclosed,
covered or open area which
is sufficient in size to park
vehicles and which may be
provided in basements
and/or stilt and/or podium
and/or independent
structure built for
providing parking spaces
and/or parking provided
by mechanized parking
arrangements and which is
not a garage
Section 9:
(1) The agreement for sale
of undivided share of land
or plot of land and
construction agreement for
construction of apartment,
as the case may be, shall be
in the Form in Annexure A.
(2) Any application,
allotment letter or any other
document signed by the
allottee, in respect of the
apartment, plot or building,
prior to the execution and
registration of the
agreement for sale and
construction agreement for
such apartment, plot or
building, as the case may
 or the regulations made
thereunder.
to limit the rights and be, shall not be construed to
interests of the allottee limit the rights and interests
under the Agreement for of the allottee under the
Sale or under the Act or agreement for sale or the
the rules or the regulations construction agreement or
made thereunder. under the Act or under the
rules or regulations made
thereunder.
(3) Project relating to
construction of apartment,
the promoter may convey
the undivided share of land
including the proportionate
share in the common area
directly to the respective
allottees.
(4) Under the agreement for
sale or construction
agreement, the promoter is
permitted to allocate
exclusive right of usage of
Reserved Car Park to the
allottee and such right of
exclusive usage shall form
an indivisible part of the
apartment and shall be
transferable along with the
apartment

CHAPTER II REAL ESTATE PROJECT

Description ANDRA PRADESH TELENGANA KARNATAKA TAMIL NADU ANALYSIS
Information Section 3 –B: Section 3: Section 3: Section 3:
and The promoter shall self- The promoter shall The promoter shall furnish The promoter shall furnish the
documents certify and attach the furnish the following the following additional following additional
to be following documents along information and information and documents: information and documents
furnished with the Application for documents along 3(1): (a) PAN card of promoter;
by the registration in Form No. A with those specified (a) PAN card of promoter
promoter and shall produce the u/s 4 of the act for
for original documents of the
registration same for verification
of project: whenever so directed by the
Authority, namely:-
(a) Name and Nature of
Organization
(b) In case of Company,
Partnership or Joint
Venture, Cooperative
Society, Firm, Association of
Persons or body of
individuals whether
incorporated or not, any
such other entity, Names
and registered addresses of
all
directors/Partners/Office
bearers of the Society along
with their respective DIN
numbers, Telephone Nos,
Email Address on which
official correspondence is to
be communicated;
(c)PAN card;
(d) audited balance sheet for
preceding financial year and
income tax returns for three
preceding financial years;
(e) Detailed description of
land including the copy of
land records of developable
or non-developable land,
development plan remarks
with site plan;
(f) Details of the Agreement
between the Owner of the
land and the Promoter
authorising the latter to
undertake the construction
registration of the (b) Annual report including (b) Audited balance sheet of the
project to the audited P&L A/C, promoter firm/company for
Competent Authority balance sheet, cash flow the preceding financial year;
by notification or preceding three (c) Copy of the legal title deed
delegated under financial years, where reflecting the title of the
section 81 of the Act, annual not available promoter along with legally
namely: then audited P&L A/C, valid documents with
(a) copy of the PAN balance sheet cash flow authentication of such title, if
card of the promoter; statement and the such land is owned by another
(b) annual report auditor report of person;
including audited promoter for (d) Details of encumbrances of
P&L A/C, balance immediately preceding land including any rights, title,
sheet, cash flow three financial years. interest or name of any party in
statement, Directors (c) Number of parking slots or over such land along with
report and the available. details.
Auditors report of (d) copy of legal deed (e) When promoter is not the
the promoter for the reflecting title of owner of land-the details of the
immediately promoter to the land consent of the owner of the
preceding three along with legally land along with a copy of
financial years; and valid documents for collaboration agreement,
where annual report chain of the title. development agreement, joint
is not available, the (e) Details of encumbrances development agreement or any
audited P&L A/C, on the land for which other agreement, entered into
balance sheet, cash permission given u/s between the promoter and such
flow statement and 109 of Karnataka Land owner and copies of title and
the Auditors report Reforms Act, 196 if other documents reflecting the
of the promoter for applicable, Certified title of such owner on the land.
the immediately copy of conversion (f) Latitude and longitude
preceding three order u/s 95 of details of the project site to
financial years; Karnataka Land monitor the progress of the
c) the number of Revenue Act, 1964 and work by the Authority;
open parking areas permission of change in (g) Copies of the approved plan
and the number of land use granted u/s 14 and approval letter along with
covered parking of the Karnataka Town the No Objection Certificates
areas available. and Country Planning submitted while obtaining
d) Authenticated Act, 1961, if applicable planning permission and
copy of the legal title on which development building licence;
deed reflecting the is proposed including
title of the promoter any rights, title, interest
of the building (Copy of the
Registered Agreement to be
Annexed);
(g) Nature of promoter’s
title to the land including
copy of the title deed to be
annexed along with the title
Certificate regarding the
Land.
(h) Nature of encumbrances
including the right, title,
interest or claim of any
other person in or over such
land
(i) Copy of Approvals
obtained by the promoter in
accordance with the laws
for time being in force;
(j) Specify whether the
project is to be developed in
phases or otherwise;
(k)Project in Phases-Submit
Approvals from the
Competent Authority for
the Phase to be undertaken;
Copy of Sanctioned Plan,
Layout Plan and
specifications of the
proposed project or the
phase thereof, and the
whole project as sanctioned
by the Competent
Authority;
(m) The copy of plan of
development works to be
executed in proposed
project and proposed
facilities to be provided
thereof including
along with legally or name of any party in (h) Parking spaces(s) as shown
valid documents for or over such land along in the approved plan of the said
chain of title with with details; real estate project;
authentication of (f) Promoter not owner- (i) Detailed design and drawing
such title. details of consent of for Structural Stability,
(e) details of owner along with self- Electrical Wiring, plumbing,
encumbrances attested the Sewage Treatment Plans, etc.;
including details of collaboration agreement, (j) Such other information and
any rights, title, development documents, as may be specified
interest, dues, agreement, joint by the Authority in its
litigation and name development or any regulations.
of party in or over other agreement entered SECTION 3(2):
such land or non- between promoter and The application referred to in
encumbrance under such owner and copies sub-section (1) of section 4 of
certificate from an of title and other the Act, shall be made in
advocate having documents reflecting writing in Form A, which shall
experience of atleast title of such owner on be submitted in triplicate, until
ten years or from the land. the application procedure is
revenue authority not (g) Name, photograph, made web based as provided
below the rank of contact details and under sub-section (3) of section
Tahsildar, as the case address of the chairman, 4 of the Act.
may be; partners, directors, and
(f) Where promoter is the authorised person in SECTION 3(4):
not owner- details of case of other entities. The declaration to be
the consent of the submitted under clause (l) of
owner of the land SECTION 3(2): sub-section (2) of section 4 of
along with a copy of Any application to the Act, shall be in Form B,
the collaboration Authority for registration of which shall include a
agreement, real estate project shall be declaration stating that the
development made in Form A, in promoter shall not discriminate
agreement, joint triplicate, until the against any allottee at the time
development procedure is made web of allotment of any apartment,
agreement or any based for filing of such plot or building, as the case
other agreement, as application. may be.
the case may be,
entered into between SECTION 3(4):
the promoter and The declaration to be
such owner and submitted under clause (l)
copies of title and of sub-section (2) of section
firefighting facilities,
drinking water facilities,
emergency evacuation
services, use of renewable
energy;
(n) Full address of the
proposed development
project along with the land
mark nearby;
(o) Location details of the
project along with clear
details of the land dedicated
for the development project
along with its boundaries
including the latitude and
Longitude of the end points
of the project;
(p) Number of floors to be
constructed in building and
shall also disclose Number
of Apartments for sale in
the project on each floor,
Carpet Area of such
Apartments for Sale in the
said project along with area
of the Balcony and or
Verandah or exclusive open
terrace area if any;
(q) Disclose the number and
areas of garages/parking
areas for sale in the project;
(r) Names and addresses of
the Civil Contractors, or
turnkey contractor, or EPC
Contractors, Structural
Engineer of the project;
(s) Names and addresses of
Architect, Engineer,
Chartered Accountant or
other documents 4 of the Act, shall be in
reflecting the title of Form B, which shall include
such owner on the a declaration stating that the
land promoter shall not
(g) Name, discriminate against any
photograph, contact allottee at the time of
details and address of allotment of any apartment,
the promoter if it is plot or building, as the case
an individual and the may be.
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.
SECTION 3(2):
Any application to
Authority for
registration of real
estate project shall be
made in Form A, in
triplicate, until the
procedure is made
web based for filing
of such application.
SECTION 3(4):
The declaration to be
submitted under
clause (l) of sub-
section (2) of section
4 of the Act, shall be
in Form B, annexed
to this order, which
shall include a
declaration stating
name of firm or company that the promoter
together with their office shall not discriminate
addresses; against any allottee at
(t) Disclose the names and the time of allotment
addresses of his real estate of any apartment,
agents, if any, for the plot or building, as
proposed project along with the case may be.
their registration number
under APRERA;
(u) Detailed technical
specifications of the
construction of the
building/s as approved by
the Competent Authority
under any law for the time
being in force;
(v) Estimate of the
expenditure for the
construction of the building
and the source from which
such expenditure is sought
to be financed;
(w) Details of financial
agreement made with any
bank or other financial
institution recognised by
the Reserve Bank of India
and of legal safeguards
taken, if any, for the
construction of building, or
transfer of building by sale,
gift or mortgage or
otherwise;
(x) Copy of documents
showing details of mortgage
or any other legal
encumbrances created on
land in favour of any bank
or financial institution
recognised by the Reserve
Bank of India; (y) The
period within which the
physical possession of the
apartment is to be handed
over to allottees;
(z) Proforma of the
Allotment Letter,
Agreement for Sale and the
Conveyance Deed proposed
to be signed with the
Allottee;
(aa) Details of the nature of
the fixtures, fittings,
amenities and common
areas, of the apartment, plot
or building, as the case may
be, as approved by the
Competent Authority;
(bb) File and Structural
Stability Certificate duly
issued by Certified
Structural
Consultant/Engineer;
(cc) Details of insurance of
title of the land and
building as a part of real
estate project and
construction of the real
estate project and any other
insurance as may be
required by the law.
Section 3 –A:
Application for Registration
of Projects by Promoter:
Application for registration
of a proposed project shall
be submitted by Promoter
by himself or through his
Authorized Representative
accompanied with the
passport size photograph of
Promoter duly signed by
Promoter in Form No. A to
the Authority for the
registration of the project
and for displaying it on the
website of the Authority.
The Application shall be
made in writing in Form
No. A [in triplicate] until the
application procedure is
made web based.
(2) Application in case of
the ongoing project, the
Promoter shall himself or
through his Authorised
Signatory submit the same
duly signed by him along
with two passport size
photographs in Form No. A
for registration of the
project application within a
period of (90) days from the
date of commencement of
these Rules.
Section 3(2):
The Promoter shall file a
declaration, supported by
an affidavit, which shall be
signed by the promoter or
any person authorised by
the promoter, stating:
(a) Legal title to the land
(b) That land is free from all
encumbrances,
(c) The time period within
which he undertakes to
complete the project or
phase thereof, as the case
may be;
(d) The time schedule for
connecting the building in
which the apartment is
proposed to be sold with
the services such as
sewerage, water supply,
electricity, drainage and the
like as applicable, subject to
force majeure event;
(e) The nature of the fixtures
and fittings with regard to
the flooring and sanitary
fittings and the provision of
one or more lifts to be
provided with particulars in
respect of the brand of items
of fixtures, fittings and lift if
they are branded or
otherwise along with price
range of items if not
branded;
(f) The particulars in respect
of the design, type of
concrete, material to be used
in the construction of the
building and the
technology, prefabricated,
precise, earthquake
resistance and the like;
(g) The particulars and
numbers of firefighting
facilities, drinking water
facilities, emergency
evacuation services, use of
renewable energy, rain
water harvesting systems,
solid waste management,
sewage treatment plant,
solar plant;
(h) that seventy per cent of
the amounts realised for the
real estate project from the
allottees, from time to time,
shall be deposited in a
separate account to be
maintained in a scheduled
bank to cover the cost of
construction of the project
and the land cost;
(i) Promoter shall forthwith
give information regarding
any legal proceedings
relating to the project if
instituted before any legal
authority or court of law
and the order or directions
if any issued after
registration of project by it
relating to such project to
the Authority.
(j) The promoter shall give
an undertaking to the effect
that he shall submit
statement of Accounts duly
certified and signed by the
CA 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
incompliance with the
proportion to the
percentage of completion of
the project.
(k) The promoter shall give
an undertaking to the effect
that he shall take all the
pending approvals from the
competent authorities if
any;
(l) The details of insurances
obtained by the promoter
regarding title and
construction of the project.
(m) Shall give an
undertaking in writing that
promoter will inform within
30 days with regard to any
change in ownership of
promoter.
(n) As required under
clause (l) of sub-section (2)
of section 4 of the Act the
promoter shall submit the
Declaration in Form ‘B’,
stating that he shall not
discriminate against any
allottee at the time of
allotment of any apartment,
plot or building.
Provided that, if there is any
change of Civil Contractors,
or turnkey contractor, or
EPC Contractors, Structural
Engineer, Engineer,
Chartered Account or
architect proposed to be
engaged or actually
engaged before or after the
commencement of the
construction of any
building, as the case may
be, the Promoter shall
 forthwith inform the
APRERA of the name and
address of such changed
Contractor/s, Architect/s
within (7) days from date of
effecting such change.

SECTION 3(6):
Every promoter shall make
separate application for
registration of every project
for the construction of each
phase, separate building or
group of buildings in case of
Layout as may be with
Authority: Provided that no
such application shall be
entertained where the
Promoter has no title to the
land unless the Agreement
between the Owner of the
Land and the Promoter,
authorizing the Promoter to
undertake the construction
of the building, is duly
registered.
Registration Section 3-A Section 3: Section 3: SECTION 3:
fees and (3) The Application shall be The promoter shall The promoter shall pay a (3) The promoter shall pay a
method of submitted at the office of pay a registration fee registration fee at the time registration fee at the time of
payment the Authority along with at the time of of application for application for registration for a
the Registration Fees as application for registration either by way of sum calculated at the rate as
prescribed from time to registration either by a demand draft or a bankers specified by the Authority,
time. way of a demand cheque drawn on any from time to time. The
(4) Method of payment of draft or a bankers scheduled bank or through registration fee shall not be
Registration Fees shall be cheque drawn on any online payment mode, as levied for the Tamil Nadu Slum
through NEFT or RTGS scheduled bank or the case may be, for a sum Clearance Board developed
System at the time of filing through online calculated at the rate of - projects, Affordable Housing
of the web based online payment mode, as (a) In case of group housing projects of the Tamil Nadu
application or through a the case may be, for a project, - five rupees per Housing Board and Housing
demand draft drawn on any
scheduled bank in case of
submission of the
application at the Office of
the Authority until the web
based online application
system is operationalized.
sum calculated at the square meter for projects projects executed by the Tamil
rate of - where the area of land Nadu Police Housing
(a) In case of group proposed to be developed Corporation.
housing project, - five does not exceed one
rupees per square thousand square meters; or
meter for projects rupees ten per square meter
where the area of for projects where the area
land proposed to be of land proposed to be
developed does not developed exceeds one
exceed one thousand thousand square meters, but
square meters; or shall not be more than five
rupees ten per square lakhs rupees;
meter for projects (b) In case of mixed
where the area of development (residential
land proposed to be and commercial) project -
developed exceeds ten rupees per square meter
one thousand square for projects where the area
meters, but shall not of land proposed to be
be more than five developed does not exceed
lakhs rupees; one thousand square
(b) In case of mixed meters; or fifteen rupees per
development square meter for projects
(residential and where the area of land
commercial) project - proposed to be developed
ten rupees per square exceeds one thousand
meter for projects square meters, but shall not
where the area of be more than seven lakhs
land proposed to be rupees;
developed does not (c) In case of commercial
exceed one thousand projects,- twenty rupees per
square meters; or square meter for projects
fifteen rupees per where the area of land
square meter for proposed to be developed
projects where the does not exceed one
area of land proposed thousand square meters; or
to be developed twenty five rupees per
exceeds one thousand square meter for projects
square meters, but where the area of land
shall not be more proposed to be developed
 than seven lakhs exceeds one thousand
rupees; square meters, but shall not
(c) In case of be more than ten lakhs
commercial projects,- rupees; (d) In case of plotted
twenty rupees per development projects,- five
square meter for rupees per square meter,
projects where the but shall not be more than
area of land proposed two lakhs rupees.
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; (d) In
case of plotted
development
projects,- five rupees
per square meter, but
shall not be more
than two lakhs
rupees.
Withdrawal SECTION 3(5): SECTION 3(5): Section 3(5):
of In case the promoter In case the promoter In case the promoter applies for
application applies for withdrawal of applies for withdrawal of withdrawal of application for
for application for registration application for registration registration of the project
registration of the project before the of the project before the before the expiry of the period
expiry of the period of 30 expiry of the period of 30 of thirty days provided under
days provided under sub- days provided under sub- sub-section (1) of section 5 of
section (1) of section 5 and section (1) of section 5, the Act, registration fee as
in sub-rule (2) of rule 7, registration fee to the extent specified in the regulations
registration fee to the extent of ten percent paid under made by the Authority shall be
of ten percent paid under sub-rule (3), or rupees fifty retained as processing fee by
 sub-rules (3) and (4) above,
or the amount as prescribed
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.
Disclosure Section 4:
by (1) The Promoter shall give
promoters detailed and self-certified
of ongoing information such as his
projects — ongoing Project details,
including the status of the
project and the extent of
completion, completed
Project details, Project wise
information of bookings or
any other information, if so
demanded in writing by the
intending Purchaser.
(2) The Promoter shall enter
all the required documents,
plans and information of the
Project registered with the
Authority on the Website of
the Authority within a
period of (15) days from the
date of receipt of the Login
ID and Password from the
Authority.
(3) The Promoter shall
display or keep all the
documents, plans and
specifications (or true copies
thereof) referred to in the
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.
Section 4: Section 4:
(1) Upon the (1) Upon the notification for
notification for commencement of sub-
commencement of section (1) of section 3,
sub-section (1) of promoter of all ongoing
section 3 of the Act, projects which have not
or the received completion
commencement of certificate shall, within the
these regulations time specified, make an
whichever is later, application to the
the promoter of an Regulatory Authority in the
ongoing project who form and manner as
has not received specified in rule 3.
completion certificate EXPLANATION:
(i.e, Occupancy ONGOING PROJECT.
Certificate) shall, (2) The promoter shall in
within the time addition to disclosure
specified in the said provided in rule 3 disclose
subsection, make an the following information,
application to the namely-
Authority as A) The original sanctioned
provided in rule 3. plan, layout plan and
(2) The promoter specifications and the
shall, in addition to subsequent modification
disclosures provided carried out, if any, including
in rule 3, disclose the the existing sanction plan,
following layout plan and
information, namely: specifications;
the Authority and the
remaining amount shall be
refunded to the promoter
within thirty days from the date
of such withdrawal.
Section 4:
(1) On the date of coming into
force of sub-section (1) of
section 3 of the Act, promoters
of all ongoing projects shall
within the time specified in the
said sub-section, make an
application to the Authority in
the form and manner provided
in rule 3.
EXPLANATION I-
Any agreement already entered
between the promoter and the
allottee before commencement
of these rules shall not be
affected.
EXPLANATION II-
Project developed in phases-
where the plans for the initial
phase are approved by the
planning authority prior to the
date of coming into force of
sub-section (1) of section 3 of
the Act, then for such projects
the requirement of obtaining
two third consent from existing
allottee, under clause (ii) of
sub-section (2) of section 14 of
Act and the rules and the
regulations at the Site of
Project and at the
Registered Office of the
Promoter and permit
inspection thereof to the
person intending to
purchase or invest in
registered project of the
promoter. Such person may
ask the Promoter all
relevant questions for
seeking further information
or clarification in respect of
any documents or plans and
specifications or such matter
as is required to be
disclosed, produced or
furnished by or under the
provisions of the Act; and
the Promoter shall be
legally bound to answer all
such questions and provide
such clarifications to the
best of his knowledge and
belief.
(4) Further the Promoter for
the purposes of making
disclosure of any
documents or specifications
of plans referred to in
section 3 or prescribed or
demanded thereunder may
also be requested to
produce the original of such
document if so demanded,
in writing by the person
intending to purchase one
or more flats/apartments or
(a) The original EXPLANATION: the Act is exempted for
sanctioned plan, For the purpose of clause addition/revision/modification
layout plan and (ii) of sub-section (2) of of plans for subsequent
specifications and the section 14 of the Act the phase/s of development,
subsequent Prior written consent of at provided the scheme of
modifications carried least 2/3rd of the allottees developing the project in
out, if any, including would not be required, if – phased manner has been
the existing (i) implementation of the agreed upon by the allottee and
sanctioned plan, proposed plan has already promoter in the agreements
layout plan and been disclosed to the executed between them;
specifications; allottees under the EXPLANATION III-
(b) The total amount agreement prior to the If the approval from the
of money collected registration, or planning authority is obtained
from the allottees and (ii) modification is required for larger extent of land, but
the total amount of to be made in compliance of where the development is
money used for any order or direction conceived to be in phases, the
development of the issued by competent promoter shall be permitted to
project including the authority or statutory register each phase as an
total amount of authority under the independent project with the
balance money lying agreement for sale, the Authority. In such case, the
with the promoter; (c) promoter is not required to requirement of obtaining two
Status of the project obtain the consent of third consent from existing
(extent of allottee in case of any allottee under clause (ii) of sub-
development carried alteration or addition to the section (2) of section 14 of the
out till date and the apartment required by the Act is exempted for
extent of Government authorities or addition/revision/modification
development due to change in any law. of plans for subsequent phases
pending) including B) the total amount of of development, provided the
the original time money collected from the development in phases has
period disclosed to allottees and the total been agreed upon by the
the allottee for amount of money used for allottee and promoter in the
completion of the development of the project agreements executed between
project at the time of including the total amount them, when there is no
sale including the of balance lying with the reduction in the common area
delay and the time promoter; and and there is no change in the
period within which C) status of the project total built up area of the
he undertakes to (extent of development registered phase/project.
complete the pending carried out till date and the EXPLANATION IV-
project, which shall extent of development
plots as the case may be and
also disclose the draft of
Agreement for Sale.
(5) In case of plotted
development, the promoter
shall disclose the area of the
plots being sold to the
allottees and also disclose
the lands earmarked for the
public purpose and the
amenities to be provided in
the layout and period of
completion of the
development of layout etc.
be commensurate pending) including the It is not mandatory to
with the extent of original time period substitute the prescribed form
development already disclosed to the allottee for of agreement for sale,
completed, and this the completion of the construction or any other
information shall be project at the time of sale documents executed by the
certified by an including the delay and the allottee, in respect of the
engineer, an architect time period within which he apartment, plot or building for
and a chartered undertakes to complete the the ongoing projects prior to
accountant in pending project, which shall the date of coming into force of
practice. be commensurate with the sub-section (1) of section 3 of
(3) The promoter extent of development the Act, the same shall be
shall disclose the size already completed, and this legally valid and enforceable
of the apartment information shall be and shall not be construed to
based on carpet area certified by an engineer, an limit the rights of the allottee
even if earlier sold on architect and a CA in under the Act and the rules and
any other basis such practice. regulations made thereunder.
as super area, super 3) The promoter shall (2) The promoter shall disclose
built up area, built up disclose the size of the all project details as required
area etc. which shall apartment based on carpet under the Act and the rules and
not affect the validity area even if earlier sold on regulations made thereunder,
of the agreement any other basis such as including the status of the
entered into between super area, super built up project and the extent of
the promoter and the area etc. which shall not completion.
allottee to that extent. affect the validity of the (3) The promoter shall disclose
(4) In case of plotted agreement entered into the size of the apartment based
development, the between the promoter and on carpet area even if earlier
promoter shall the allottee to that extent. sold on any other basis such as
disclose the area of 4) In case of plotted super area, super built up area,
the plot being sold to development, the promoter built up area, etc., which shall
the allottees as per shall disclose the area of the not affect the validity of the
the layout plan. plot being sold to the agreement entered into
(5) For projects that allottees as per the layout between the promoter and the
are ongoing and have plan. allottee to that extent.
not received 5) Ongoing projects and (4) In case of plotted
completion certificate have not received development, the promoter
(i.e, Occupancy completion certificate – the shall disclose the actual area of
Certificate), on the promoter shall, within a the plot even if earlier sold on
date of period of three months of any other basis such as
commencement of application for registration including the cost of Open

Grand or Section 6-A
rejection of Grant of Registration of the
registration Project:
of project (1) On receipt of the
Application, the Authority
or, the officer authorized by
him shall enter the
particulars of the
Application in the Register
of Applications to be
maintained by the
Authority in Form - Q and
shall give Serial Number to
the Application and endorse
these regulations, the of the project with the Space Reservation area and
promoter shall, Authority, deposit in the splay area, development
within a period of separate bank account, charges, etc., which shall not
three months make seventy per cent of the affect the validity of the
an application for amounts already realized agreement entered into
registration of the from the allottees, which between the promoter and the
project with the have not been utilized for allottee to that extent.
Authority, deposit in construction of the project
the separate bank or the land cost for the
account, seventy per project as required under
cent of the amounts sub-clause (D) of clause (I)
already realized from of sub-section (2) of section
the allottees, which 4, which shall be used for
have not been the purposes specified
utilized for therein:
construction of the Provided that if the
project or the land receivable of the ongoing
cost for the project as project is less than the
required under sub- estimated cost of balance
clause (D) of clause construction, then the
(l) of sub-section (2) promoter shall deposit 100
of section 4, which per cent of the amounts to
shall be used for the be realised in the separate
purposes specified account.
therein.
Section 5: Section 6: Section 6:
(1) Upon the (1) Upon the registration of (1) Upon the registration of a
registration of a a project as per section 5 of project as per section 5 read
project as per section the Act read with rule 3 and with section 3 of the Act, the
5 of the Act read with 4 of these rules, as the case Authority shall issue a
rule 3 and 4 of these may be, the Authority shall registration certificate with a
rules, as the case may issue a registration registration number in Form C
be, the Authority certificate with a to the promoter.
shall issue a registration number as (2) In case of rejection of the
registration certificate specified in Form ‘C’ application under section 5 of
with a registration annexed to this order to the the Act, the Authority shall
number as specified promoter. inform the applicant in Form D
in Form ‘C’ annexed (2) In case of rejection of the
application as per section 5,
on every application the to this order to the the Authority shall inform
date on which it is promoter. the applicant in Form D.
presented and shall sign the (2) In case of rejection Provided that the Authority
endorsement. of the application as may grant an opportunity to
(2) The Authority shall, per clause (b) of Sub- the applicant to rectify the
within (30) working days section (1) of section defects in the application
from the date of receiving 5 of the Act, the within such time period as
the application for the Authority shall may be specified by it.
registration of the Project, intimate the applicant
scrutinize the Application in Form ‘D’ annexed
and register the Project to this order to grant
along with the Promoter if it an opportunity to the
is satisfied that- applicant to rectify
(a) the Project meets the the defects in the
criteria as laid down by the application within
Act and rules made such time period as
thereunder, may be specified by
(b) the Project has all the it.
necessary permissions as
required under any law for
the time being in force and
is in consonance with the
provisions of the Act and
rules made thereunder and
the regulations made by the
Authority; and
(c) The Promoter has
appropriate financial,
technical, construction and
management capacity to
execute and complete the
proposed Project.
(3) Upon registration of a
project, the Authority shall
issue a Certificate of
Registration as per Form- C,
with Registration Number
to the Project along with the
name of the Promoter.
(4) The Certificate of
Registration shall be issued
to the Promoter as well as
the concerned authority that
has sanctioned the plan for
construction of building
under any law for the time
being in force.
(5) The Authority shall
provide access to the
Promoter to its Website by
issuing a login ID and a
Password for further
uploading of all information
as required by the Act and
Rules.
(6) The names of Promoter
and the registered Project
shall be entered in a register
to be maintained by the
Authority in such manner
as may be determined by it,
by regulations.
(7) The Authority may,
without prejudice to the
generality of sub rules (3)
and (4), require any
guarantee, indemnity,
undertaking or such other
security to be furnished by
Promoter before granting
Certificate of Registration as
may be deemed necessary
to satisfy itself in respect of
the requirements
contemplated in sub-rules
(3) and (4).
8) The registration and the
Login Id as well as
Password granted to the
promoter shall be valid for a
period declared by the
Promoter for completion of
the project or phase thereof,
as the case may be.
“Provided that if the
Authority fails to grant the
registration or reject the
application, the project shall
be deemed to have been
registered and the
Authority shall within a
period of seven days
specified under subsection
(1), provide a registration
number and Login Id and
Password to the promoter
for accessing the website of
the Authority and to create
his web page and to fill
therein the details of the
proposed project.

Section 6-B:
(1) If the Authority, on
receipt of application for
registration of the Project, is
of the opinion that the
registration shall be refused
for non-submission of
necessary documents along
with the Application or
incomplete Application, it
shall issue a notice to the
Promoter in writing
mentioning details of
documents which are not
submitted along with the
Application and give such
time as the Authority may
deem fit and proper for
submission of the
documents and completion
of Application;
(2) If the promoter fails or
neglect to submit the
necessary documents called
by the Authority within
period stipulated in the
notice, then the Authority
shall after giving
opportunity of hearing to
the promoter, refuse to
grant registration of the
project;
(3) If the Authority, on
receipt of documents for
registration of the Project, is
of the opinion that the
registration shall be refused
on certain reasons, it shall
issue a notice to the
Promoter in writing
mentioning its intention to
reject the application and
the reasons therefor calling
upon promoter to give
reasons as to why his
registration shall not be
refused on the grounds
mentioned in the notice
within period specified in
the notice;
(4) The Promoter shall file
his reply to notice within
time stipulated in the said
notice through himself or
 through his Authorised
Representative or Legal
Representative;
(5) Pending consideration of
the Application for
registration of project by the
Authority, the Promoter
shall not make any
advertisement for sale of
Project or create any third
party interest in the project;
(6) If the Authority on
considering the
representations of the
Promoter, is of the view that
the Promoter has not met
the requirements of section
4 of the Act or Rules
satisfactorily, it shall reject
the application by a
assigning reasons as per
Form – D and convey its
decision to Promoter so also
to the concerned Authority
who has sanctioned the
project under any law for
the time being in force.
Extension Section 7: Section 6: Section 7: Section 7:
of The registration granted (a) The registration Clause 1,2,3, & 4 (1) The registration granted
registration under section 5, may be granted under the Same as Telangana. under section 5 of the Act, may
of the extended as per section 6, Act, may be extended be extended as provided under
on an application made by by the Authority, on section 6 of the Act, on an
project
the promoter in Form ‘E’ an application made application made by the
which shall not be less than by the promoter in promoter in Form E which shall
three months prior to the Form ‘E’ in triplicate not be less than three months
expiry of the registration until the application prior to the date of expiry of the
granted. procedure is made registration granted. The
(2) The application for web based, within Authority may condone the
extension of registration three months prior to delay for filing the renewal
shall be accompanied with a
demand draft drawn on any
scheduled bank, for an
amount equivalent to twice
the registration fee 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
extension of registration is
due to force majeure the
Regulatory Authority may
at its discretion waive the
fee for extension of
registration.
(3) Extension of registration
of the project shall not be
beyond the period provided
as per local laws for
completion of the project or
phase thereof, as the case
may be.
(4) In case of extension of
registration, the Regulatory
Authority shall inform the
promoter about the same as
per Form ‘F’ and in case of
rejection of the application
for extension of registration
the regulatory authority
shall, after giving an
opportunity to the applicant
the expiry of the application after the date of
registration granted. expiry, upon collection of late
(b) The application fee of ten percent of the
shall be accompanied registration fee as fixed by the
with a demand Authority.
draft/bankers cheque (2) The application for
drawn on any extension of registration shall
scheduled bank or be accompanied with a demand
through online draft drawn on any scheduled
payment mode for an bank, for an amount as may be
amount equivalent to specified by regulations made
half the registration by the Authority as provided
fees along with an under sub-rule (3) of rule 3
explanatory note along with an explanatory note
setting out the setting out the reasons for delay
reasons for delay in in the completion of the project
the completion of the and the need for extension of
project and seeking registration for the project,
extension of along with documents
registration for the supporting such reasons:
project, along with Provided that where the
supporting such extension of registration is due
reasons: to force majeure, the authority
Provided that where may, at its discretion, waive the
the extension is due fee for extension of registration.
to force majeure he (3) Extension of registration of
shall not be liable to the project shall not be beyond
pay any fee. the period provided as per local
(c) The extension of laws for completion of the
shall not be beyond project or phase thereof, as the
the period provided case may be.
as per local laws for (4) In case of extension of
completion of the registration, the Authority shall
project or phase inform the promoter about the
thereof, same in Form F and in case of
(d) The Authority rejection of the application for
shall issue extension extension of registration, the
in Form F annexure Authority shall, after giving an
to this order and in opportunity to the applicant to
 to be heard in the matter as
per second proviso of
section 6, inform the
promoter about the same as
per Form ‘D’
(5) Pending such
Application, promoter will
not be entitled to sell any
apartment/flat/plot.
Revocation Section 8:
of Upon the revocation of
registration registration of project
of the under section 7
project regulatory authority shall
inform the promoter
about such revocation
Form D.
DEC. ANDHRA PRADESH
Docum Section 10: Section 8:
ents (1) Real estate agent shall (1) Real estate agent
and make an application in writing shall make an
case of rejection of be heard in the matter as
the application for provided in the second proviso
extension of to section 6 of the Act, inform
registration the Form the promoter about the same in
D. Provided that the Form D
Authority may grant (5) Any sale of an unit in any
an opportunity to the development project after the
promoter to rectify lapse of registration period
the defects in the with the Authority and after
application within obtaining the completion
such time period as certificate from the Competent
may be specified by Authority within the prescribed
it. period as per local laws shall
not be treated as offence as
prescribed in sub section (2) of
section 59 of the Act
Section 7: Section 8: Section 8:
Upon the Upon the revocation of Upon the revocation of
revocation of registration of project registration of project under
registration of under section 7 section 7 regulatory
project under regulatory authority shall authority shall inform the
section 7 regulatory inform the promoter promoter about such
authority shall about such revocation revocation Form D. The
inform the Form D. details of such revocation of
promoter about registration shall be released
such revocation to press periodically and
Form D. hosted in the website of the
Authority.
CHAPTER III – REAL ESTATE AGENT:
TELANGANA KARNATAKA TAMIL NADU ANALYSIS
Section 9: Section 11:
(1) Real estate agent shall (1) Real estate agent shall
make an application in make an application in writing
fees for to the Authority in Form G
registra along with the following
tion. documents, namely:
(a) brief details of his
enterprise including its name,
registered address, type of
enterprise
(b) particulars of registration
including the bye-laws, or
MOA and AOA, etc.
(c) photograph of the real
estate agent if he is an
individual and the photograph
of the partners, directors, etc.,
in case of other entities;
(d) details of projects for which
he has acted as agent in last 5
years before the date of
submission of form for
registration;
(e) the Agent shall disclose if
there are any civil or criminal
cases pending against him;
(f) PAN Card;
(g) Income tax returns filed
under the provisions of the
Income Tax Act, 196 for three
financial years preceding 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 preceding the application,
a declaration to such effect;
(h) authenticated copy of the
address proof of the place of
residence and business; and
application in writing
to the Authority in
Form G along with the
following documents,
namely:
(a) brief details of his
enterprise including its
name, registered
address, type of
enterprise
(b) particulars of
registration including
the bye-laws, or MOA
and AOA, etc.
(c) name, address,
contact details and
photograph of the real
estate agent if he is an
individual and the
name, address, contact
details and photograph
of the partners,
directors, etc., in case of
other entities;
(d) PAN Card;
(e) authenticated copy
of the address proof of
business;
(2) 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 through online
payment, as the case
may be, for a sum of
ten thousand rupees in
writing to the Authority in
Form G along with the
following documents,
namely:
(a) brief details of his
enterprise including its name,
registered address, type of
enterprise
(b) particulars of registration
including the bye-laws, or
MOA and AOA, etc.
(c) name, address, contact
details and photograph of the
real estate agent if he is an
individual and the
photograph of the partners,
directors, etc., in case of other
entities;
(d) PAN Card;
(e) self-attested copy of the
address proof of the place of
business.
(2) Registration fee at the
time of application for
registration by way of a
demand draft drawn on any
scheduled bank for a sum of
rupees twenty-five thousand
in case of the applicant being
an individual; or a sum of
rupees fifty thousand in case
of the applicant being anyone
other than an individual
to the Authority in Form G
along with the following
documents, namely:
(a) brief details of his
enterprise including its name,
registered address, type of
enterprise
(b) particulars of registration
including the bye-laws, or
MOA and AOA, etc.
(c) photograph of the real
estate agent if he is an
individual and the photograph
of the partners, directors, etc.,
in case of other entities;
(d) PAN Card;
(e) authenticated copy of the
address proof of the place of
residence and business; and
(f) such other information and
documents, as may be
specified by the Authority in
regulations
(2) Registration fee at the time
of application for registration
by way of a demand draft
drawn on any scheduled bank
for a sum of rupees twenty-
five thousand in case of the
applicant being an individual;
or a sum of rupees fifty
thousand in case of the
applicant being anyone other
than an individual
 (i) such other information and
documents, as may be
specified by the Authority in
regulations
(2) The real estate agent being
an individual or other than an
individual shall pay a
registration fee as prescribed,
at the time of application for
registration by way of a
demand draft drawn on any
scheduled bank or as may be
specified by the Authority.
Section 11:
Grand
of (1) Upon the registration of a
registra real estate agent as per section
tion 9 read with Rule 10, the
Regulatory Authority shall
issue a registration certificate
with a registration number as
per Form ‘H’ to the real estate
agent.
(2) In case of rejection of the
application as per section 9 the
Regulatory Authority shall
inform the applicant as per
Form ‘I’. “Provided that, no
application for registration of
an Agent shall be rejected
unless the applicant has been
given an opportunity of being
heard in the matter by the
Regulatory Authority.”
(3) The registration granted
under this rule shall be valid
for a period five years.
case of the applicant
being an individual or
fifty thousand rupees
in case of the applicant
other than an
individual.
Section 9: Section 10: Section 12:
(1) On receipt of the (1) On receipt of the (1) Upon the registration of a
application under rule application under rule 10, the real estate agent, the Authority
8, the Authority shall Authority shall within a shall issue a registration
within a period of period of thirty days either certificate with a registration
thirty days either grant grant registration to the real number in Form H to the real
registration to the real estate agent or reject the estate agent. (2) In case of
estate agent or reject application, as the case may rejection of the application, of
the application, as the be: registration, the Authority
case may be: shall inform the applicant in
Provided that the Authority
Form I.
Provided that the may grant an opportunity to
Authority may grant an the real estate agent to rectify (3) The registration granted
opportunity to the real the defects in the application under this rule shall be valid
estate agent to rectify within such time period as for a period of five years.
the defects in the may be specified by it.
application within such
(2) Upon the registration of a
time period as may be
real estate agent, the
specified by it before
Authority shall issue a
rejecting the
registration certificate with a
application.
registration number in Form
(2) Upon the ‘H’ annexed to this order to
registration of a real the real estate agent.
estate agent, the

Section 12:
Renew
al of (1) The registration granted
registra under section 9, may be
tion 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 drawn on any scheduled
bank or as may be specified by
the Authority, for a sum of
rupees as prescribed in case of
the real estate agent being an
individual or rupees as
prescribed in case of the real
estate agent being anyone
other than an individual.
Authority shall issue a (3) In case of rejection of the
registration certificate application, the Authority
with a registration shall intimate the applicant in
number in Form ‘H’ Form ‘I’.
annexed to this order to (4) The registration granted
the real estate agent. under this rule shall be valid
(3) In case of rejection for a period of five years.
of the application, the
Authority shall
intimate the applicant
in Form ‘I’.
(4) The registration
granted under this rule
shall be valid for a
period of five years.
Section 10: Section 11: Section 13:
(1) The registration (1) The registration granted (1) The registration granted
granted to a real estate under section 9 of the Act under section 9 of the Act may
agent under the Act, may be renewed as provided be renewed as provided in
may be renewed, on an in section 6 of the Act, on an section 6 of the Act, on an
application in Form J in application made by the real application made by the real
triplicate, until the estate agent in Form J which estate agent in Form J which
application procedure shall not be less than three shall be minimum one month
is made web based, months prior to the expiry of prior to expiry of the
which shall not be less the registration granted. registration granted. The
than three months prior (2) The application for Authority may condone the
to the expiry of the renewal of registration shall delay for filing the renewal
registration granted. be accompanied with a application after the date of
(2) The application for demand draft or a bankers expiry upon collection of late
renewal of registration cheque drawn on any fee of Rs.500/- and 8 Rs.5000/-
shall be accompanied scheduled bank or a co- (10 per cent of renewal fee) in
with a demand draft or operative Bank or through case of individual and other
a bankers cheque online payment, for a sum of than individual respectively.
drawn on any rupees five thousand in case (2) The application for renewal
scheduled bank or of the real estate agent being of registration shall be
through online an individual or rupees fifty accompanied with a demand
payment for a sum of thousand in case of the real draft drawn on any scheduled
bank, for a sum of rupees five
(3) The real estate agent shall
also submit all the updated
documents set out in clauses
(a) to (f) of rule 10 at the time
of application for renewal.
(4) In case of renewal of
registration, the regulatory
authority shall inform the real
estate agent about the same as
per Form ‘K’ and in case of
rejection of the application for
renewal of registration the
regulatory authority, shall
inform the real estate agent as
per 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.
(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
thereunder.
(6) The renewal granted under
this rule shall be valid for a
period of five years.
five thousand rupees in estate agent being anyone thousand in case of the real
case of the real estate other than an individual. estate agent being an
agent being an (3) The real estate agent shall individual or rupees fifty
individual or twenty also submit all the updated thousand in case of the real
five thousand rupees in documents set out in clauses estate agent being anyone
case of the real estate (a) to (e) of rule 9 at the time other than an individual.
of application for renewal (3) The real estate agent shall
agent other than an
along with same fees as also submit all the updated
individual.
specified in sub-rule (2). documents set out in clauses
(3) The real estate agent
(4) In case of renewal of (a) to (g) of rule 11 at the time
shall also submit all the of application for renewal.
registration, the Authority
updated documents set (4) In case of renewal of
shall inform the real estate
out in clauses (a) to (e) agent about the same in Form registration, the Authority
of sub-rule (1) of rule 8 K and in case of rejection of shall inform the real estate
at the time of the application for renewal of agent about the same in Form
application for renewal. registration, the Authority K and in case of rejection of the
(4) In case of renewal of shall inform the real estate application for renewal of
registration, the agent in Form I: registration, the Authority
Authority shall issue Provided that no application shall inform the real estate
renewal certificate of for renewal of registration agent in Form I:
registration in Form ‘K’ shall be rejected unless the Provided that no application
applicant has been given an for renewal of registration
and in case of rejection
opportunity of being heard. shall be rejected unless the
of the application for
(5) The renewal of applicant has been given an
renewal of registration,
registration of the real estate opportunity of being heard.
the Authority shall (5) The renewal of registration
agent shall be granted
issue rejection of of the real estate agent shall be
provided that the real estate
application in Form I: agent remains in compliance granted provided that the real
Provided that no with the provisions of the Act estate agent remains in
application for renewal and the rules and regulations compliance with the
of registration shall be made there under. provisions of the Act and the
rejected, unless the (6) The renewal granted rules and regulations made
applicant has been under this rule shall be valid there under.
given an opportunity of for a period of five years (6) The renewal granted under
being heard in the this rule shall be valid for a
matter: Provided period of five years
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 granted under
this rule shall be valid
for a period of five
years.
Section 14:
Functio Section 13: Section 13: Section 16:
Every registered Real Estate
ns of
Agent shall – The real estate agent The real estate agent shall The real estate agent shall
Real
(1) not facilitate the sale or shall provide assistance provide assistance to enable provide assistance to enable
estate
purchase of any plot, to enable the allottee the allottee and promoter to the allottee and promoter to
agent:
Apartment or building as the and promoter to exercise their respective exercise their respective rights
case may be, in the real estate exercise their respective rights and fulfil their and fulfil their respective
Project or part of it, being sold rights and fulfil their respective obligations at the obligations at the time of
by the promoter in any respective obligations time of booking and sale of booking and sale of any plot,
planning area which is not at the time of booking any plot, apartment or apartment or building, as the
registered with the Regulatory and sale of any plot, building, as the case may be. case may be.
Authority; apartment or building,
(2) maintain and preserve such as the case may be and
books of account, records and other functions
documents in accordance with mentioned in Section 10
the provisions of the Income of the Act.
tax Act, 1961 and also as
prescribed by regulations of
the Regulatory Authority;
(3) not involve himself in any
unfair trade practices,
namely:—
(a) the practice of making any
statement, whether orally or in
writing or by visible
representation which—
(i) falsely represents that
services or amenities are of a
particular standard or grade;
(ii) represents that the
Promoter or himself has
approval or affiliation which
such Promoter or himself does
not have;
(iii) makes a false or
misleading representation
concerning the services which
the Promoter does not have;
(b) permitting the publication
of any advertisement whether
in any newspaper or other
media of services that are not
intended to be offered by the
Promoter;
(4) facilitate the possession of
all the information and
documents, as the allottee is
entitled to, at the time of
booking of any plot, apartment
or building or as the case may
be;
(5) maintain the register of
Allottees in Form – R and the
statement indicating person
wise receipts and
disbursement in respect of
sums accepted as advance
from the Allottees and the
statement indicating purpose
wise receipts in respect of
sums accepted as advance or
commission and shall be in
Form - S respectively;
(6) discharge such other
functions as prescribed by the
regulations of the Regulatory
Authority.

Rate of interest payable by Promoter and Allottee and timelines for Refund
DEC. ANDHRA
PRADESH
ROI Section 16:
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 Prime
Lending Rate plus two
percent.
Timeline Section 17:
for Any refund of monies
refund along with the applicable
interest and compensation,
if any, payable by the
promoter in terms of the
Act or the rules and
regulations made
thereunder, shall be
payable by the promoter to
the allottee within forty-
five days from the date on
which such refund along
TELANGANA
Section 15:
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 highest
Marginal Cost of Lending
Rate of State Bank of India
plus two per cent.
Provided that in case the
Marginal Cost of Lending
Rate of State Bank of India
is not in use it would be
replaced by such
benchmark lending rates
which the State Bank of
India may fix from time to
time for lending to the
general public.
Section 16:
Any refund of monies
along with the applicable
interest and compensation,
if any, payable by the
promoter in terms of the
Act or the rules and
regulations made
thereunder, shall be
payable by the promoter to
the allottee within ninety
days from the date on
which such refund along
CHAPTER V
KARNATAKA
Section 16:
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
Section 17:
Any refund of monies along
with the applicable interest
and compensation, if any,
payable by the promoter in
terms of the Act or the rules
and regulations made
thereunder, shall be payable
by the promoter to the
allottee within sixty days
from the date on which such
refund along with applicable
TAMIL NADU ANAYLSIS
Section 18:
The rate of interest payable by
the promoter to the allottee or
by the allottee to the
promoter, as the case may 14
be, shall be the State Bank of
India highest Marginal Cost of
Lending Rate plus two per
cent: Provided that in case the
State Bank of India Marginal
Cost of Lending Rate is not in
use it would be replaced by
such benchmark lending rates
which the State Bank of India
may fix from time to time for
lending to the general public
Section 19:
- (1) Any refund of monies
along with the applicable
interest and compensation, if
any, payable by the promoter
in terms of the Act or the rules
and regulations made
thereunder, shall be payable
by the promoter to the allottee
within Ninety days from the
date on which such refund
along with applicable interest
and compensation, if any,
 with applicable interest
and compensation, if any,
becomes due.
with applicable interest interest and compensation, if
and compensation, as the
case may be, becomes due.
becomes due. (2) In case of
any, becomes due. termination of the agreement
as per the terms recorded
therein, such refund and/or
penalty and/or compensation
shall be made by the party-in-
breach to the other party
simultaneous to the execution
of appropriate cancellation
agreement and registration, if
required. If the defaulting
party fails to come forward for
execution of registration
agreement, the Authority shall
have the right to execute such
agreement on behalf of the
defaulting party. The entitling
allottee shall get full refund at
any time if the builder has not
followed the time schedule.
The builder shall not keep
10% of the booked value of the
property. If the allottee
defaults in making timely
payment as per terms of the
agreement, the allottee shall
not have the right of claiming
any interest or compensation
from the promoter

CHAPTER VI
REAL ESTATE REGULATORY AUTHORITY
DEC. ANDHRA PRADESH TELANGANA KARNATAKA TAMIL NADU ANAYLSIS
Section 18: Section 17: Section 18: Section 20:
Selection
(1) The Government shall (1) As and when vacancies (1) As and when vacancies of (1) As and when vacancies
of
within a period of one year, of Chairperson or any Chairperson or any other of Chairperson or a
Chairpers
by notification, establish an other Member in the Member in the Authority member in the Authority
 on and Authority to be known as Real
Members Estate Regulatory Authority
to exercise the powers
conferred on it and to perform
the functions assigned to it
under the Act.
(2) The Authority shall
consist of a Chairperson and
three whole time members
and they shall be appointed
by the Government on the
recommendations of a
Selection Committee.
(3) The Chairperson and the
Members shall have adequate
knowledge of and
professional experience of at-
least twenty years in case of
the Chairperson and fifteen
years in case of the Members
in Economics, Urban
Development, Housing, Real
Estate Development,
Infrastructure, Town
Planning, Law, Commerce,
Accountancy, Industry,
Management, Social Service,
Public Affairs or
Administration. Provided
that:
A person who is, or has been,
in the service of the State
Government shall not be
appointed as a Chairperson
unless such person has held
the post of Additional
Secretary to the Central
Government or any
equivalent post in the Central
Authority exist or arise, or
are likely to arise, the
appropriate Government
may make a reference to
the Selection Committee
appointed as per section
22 of the Act, in respect of
the vacancies to be filled.
(2) The Selection
Committee may, for the
purpose of selection of the
Chairperson or Member of
the Authority, follow such
procedure as deemed fit
including the appointment
of a Search Committee
consisting of such persons
as the Selection Committee
considers appropriate to
suggest a panel of names
for appointment as
Chairperson or Member of
the Authority.
(3) The Selection
Committee shall send the
panel of two names for
each vacancy to the
appropriate Government.
(4) The Selection
Committee shall make its
recommendation to the
appropriate Government
within a period of sixty
days from the date of
reference made under sub-
rule 1.
(5) The appropriate
government shall, within
thirty days from the date
exist or arise, or are likely to
arise, the Karnataka
Government may make a
reference to the Selection
Committee appointed as per
section 22.
(2) The State government
shall expeditiously constitute
a selection committee, as
often as may be required, to
select persons for
appointment as Chairperson
and Members.
(3) The Selection Committee
shall normally hold its
meetings at Bengaluru or at
such places, as may be
authorised by the Chairman
by recording the reason 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 the
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
authority, devise its own
procedure as deems fit
including the appointment
of Search Committee and
exist or arise, or are likely
to arise, the Government
may make a reference to
the Selection Committee in
respect of the vacancies to
be filled.
(2) The Selection
Committee may, for the
purpose of selection of the
Chairperson or a Member
of the Authority, follow
such procedure as deemed
fit including the
appointment of a search
committee consisting of
such persons as the
Selection Committee
considers appropriate to
suggest a panel of names
possessing the requisite
qualification and
experience and suitability
for being considered for
appointment as
Chairperson or Member of
the Authority.
(3) The Selection
Committee shall select two
persons for each vacancy
and recommend the same
to the Government.
(4) The Selection
Committee shall make its
recommendation to the
Government within a
period of sixty days from
the date of reference made
under sub-rule 1.
Government or State
Government;
Also Provided:
A person who is, or has been,
in the service of the State
Government shall not be
appointed as a member unless
such person has held the post
of Secretary/Additional
Secretary to the State
Government or any
equivalent post in the State
Government or Central
Government.
(4)(i) As and when the
vacancies of Chairperson or a
Member in the Regulatory
Authority exist or arise or are
likely to arise, for the
purposes of appointment and
to fill such vacancies the
Government shall constitute a
Selection Committee
consisting of
(a) Chief Justice of the High
Court of the State or his
nominee;
(b) The Additional Chief
Secretary or Principal
Secretary or Secretary to the
Government, Municipal
Administration & Urban
Development Department;
and
(c) Secretary to the
Government, Law
Department.
(ii) The Chief Justice of the
High Court of the State or his
of receipt of the may lay down guidelines (5) The Government shall
recommendation by the and procedure to invite within thirty days from the
Selection Committee, applications from eligible date of the
appoint one of the two persons as per the recommendation by the
names recommended by qualification specified in Selection Committee,
the Selection Committee section 22. The selection appoint one of the two
for the vacancy of the committee shall prepare a persons recommended by
Chairperson or other panel of names possessing the Selection Committee
Member, as the case may the requisite qualification for the vacancy of the
be. and experience and found Chairperson or Member, as
suitable consideration for the case may be.
appointment as Chairman or
Member of the Authority.
(6) The Selection Committee
shall make its
recommendation to the State
Government within a period
of not exceeding sixty days
from the date of reference for
consideration in the form of
a panel of not more than
three persons in order of
preference separately for
each vacancy or posts
referred by the State
Government.
(7) The State Government
shall within thirty days from
the date of recommendation
made by the Selection
Committee, appoint one out
of the panel of three persons
for vacancy of the
Chairperson or Member of
the Regulatory Authority, or
return the panel only once
for re-consideration.
(8) The government shall
appoint the Secretary of the
nominee shall be the Housing Department as the
Chairman of the Selection Interim Regulatory
Committee. Authority for the purpose of
(iii) All members of the this Act in terms of sub-
Committee including the section (1) of section 20.
Chairman shall be present at
the time of meeting of the
Committee.
(5) (a) The Government shall .
constitute a Search Committee
to suggest a panel of names
possessing requisite
qualification and experience
and suitable for being
considered for appointment as
Chairperson or Member of the
Authority.
(b) Search Committee shall
finalize a panel of suitable
persons and forward the same
to the Selection Committee.
(c) The Selection Committee
shall select a panel of eligible
persons for each vacancy and
recommend the same to the
Government within fifteen
days from the date of
reference made.
(6) The State Government
shall on the basis of the
recommendations of the
Selection Committee appoint
Chairperson and Members
and the said list shall be valid
for a period of two years.
(7) 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
within the convenience of the
Chairman of Selection
Committee.
(8) Medical Fitness: No
person shall be appointed as a
Chairperson or member
unless he is declared
medically fit by a Medical
Board to be constituted by the
State Government for the
purpose unless he has been
already declared fit by an
equivalent authority.
Salary and Section 19: Section 18: Section 19: Section 21:
allowance (a) the Chairperson shall (a) the Chairperson shall be (a) The Chairperson shall
(a) The Chairperson of the
be paid a consolidated paid minimum of the pay of be paid a monthly salary
Authority shall be paid a
monthly salary of one lakh the Chief Secretary of the equivalent to the salary
salary equivalent to that of the
fifty thousand rupees and State Government; and (b) and allowances eligible to
Chief Secretary of the
shall be entitled to the members shall be paid the Additional Secretary to
Government;
50,000/- per month minimum of the pay of Central Government;
(b) The whole-time Members towards allowance Secretary of the State (b) The whole-time
shall be paid salary equivalent relating to house plus an Government member shall be paid
to that of the Principal amount as fixed by monthly salary equivalent
Secretary of the Government; Government for hiring to the salary and
(c)Every part-time member, vehicle from time to time; allowances eligible to the
who is not a servant of the (b) the Member shall be Joint Secretary to Central
Government, shall be paid a paid a consolidated Government;
sitting fee for each day he monthly salary of one lakh (c) Every part-time
attends the meetings of the rupees and shall be member, who is not a
regulatory authority as may entitled to Rs. 50,000/- per servant of the Government
be fixed by the government, month towards allowance shall be paid a sitting fee
from time to time and they relating to house plus an for each day he attends the
shall not be entitled to any amount as fixed by meetings of the authority
allowance relating to house Government for hiring as may be determined by
and vehicle. vehicle from time to time; the Government, from time
(2) The Chairperson and to time, and they shall not
other Member shall be be entitled to any

Salary & Section 11:
allowance Other allowances
s payable The Chairperson and
& other Members of the Authority
terms & shall be entitled to such other
conditions allowance as are applicable to
of service Chief Secretary or Principal
Secretary respectively in the
Government.
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
entitled to thirty days of
earned leave for every
completed year of service.
(3) The other allowances
and conditions of service
of the Chairperson and the
Members shall be such as
may be determined by the
appropriate government
from time to time.
Section 20:
(1) The conditions of
service of the officers and
employees of the
Authority 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 appropriate
Government and drawing
the corresponding scales
of pay.
(2) The appropriate
Government shall have
power to relax the
provisions of any of these
rules in respect of any
class or category of officers
or employees.
Section 10:
Other allowances
The Chairperson and
Members of the Authority
shall be entitled to such
other allowance as are
applicable to Chief Secretary
or Principal Secretary
respectively in the
Government.
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
allowance relating to house
and vehicle. (2) The other
allowances and conditions
of service of the
Chairperson and the
whole-time member shall
be as per notification
issued by the Government
from time to time.
Section 21:
(b) The whole-time
member shall be paid
monthly salary equivalent
to the salary and
allowances eligible to the
Joint Secretary to Central
Government;
(c) Every part-time
member, who is not a
servant of the Government
shall be paid a sitting fee
for each day he attends the
meetings of the authority
as may be determined by
the Government, from time
to time, and they shall not
be entitled to any
allowance relating to house
and vehicle.
(2) The other allowances
and conditions of service
of the Chairperson and the
whole-time member shall
be as per notification
issued by the Government
from time to time
 Tenure:
Tenure Same as Andhra Pradesh
(1) The Chairperson and every
and oath
Member shall, unless Oath: Every person
removed from office hold appointed to be Chairperson
office for a period not and Member shall, before
exceeding five years from the entering upon the office,
date he takes charge of the make and subscribe to an
office in that capacity, or till Oath of Office and of Secrecy
the age of sixty-five years, in the Form L and M
whichever is earlier. Before appointment, the
(2) When the Chairperson is Chairman and the Member
unable to discharge his shall have given an
functions owing to absence, undertaking that he does not
illness or any other cause, the and will not have any such
senior-most Member of financial or other interest as
holding office for the time likely to affect prejudicially
being shall discharge the his functions as such
functions of the Chairperson Chairperson or Member.
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, the 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.
Oath: Every person appointed
to the Chairperson under the
Act shall, before entering
upon his office, make and
subscribe an oath of office and
secrecy.
 (1) The Chairperson shall
Administr
obtain the prior approval of
ative
the State Government with
powers
regard to the following:
(a) all matters pertaining to
creation and abolition of
posts;
(b) all matters pertaining to
pay and allowances of the
officers and staff of the
authority;
(c)authorization of tours to be
undertaken by any Member,
officer or employee outside
India and allowance to be
granted for the same;
(d) permission for hiring of
vehicles for official use;
(2) The Chairperson of the
regulatory authority is
competent to exercise the
following powers subject to
control and review by the
Government.
(a) To make appointments to
the posts of the officers and
employees of the Authority
from a panel prepared by the
Selection Committee;
(b) acceptance of resignations
by any Member, officer or
employee;
(c) Making arrangements for
officiating against sanctioned
posts;
(d) authorization of tours to
be undertaken by any
Member, officer or employee:
Section 19:
(1) The Chairperson shall
exercise the administrative
powers in respect of
(a) matters pertaining to
staff strength, wages and
salary structures,
emoluments, perquisites
and personnel policies;
(b) matters pertaining to
creation and abolition of
posts;
(c) matters pertaining to
appointments, promotions
and confirmation for all
posts;
(d) acceptance of
resignations by any
Member, officer or
employee of the Authority;
(e) officiating against
sanctioned posts;
(f) authorisation of tours to
be undertaken by any
Member, officer or
employee of the Authority
within and outside India;
(g) matters in relation to
reimbursement of medical
claims;
(h) matters in relation to
grant or rejection of leaves;
(i) permission for hiring of
vehicles for official use;
(j) nominations for
attending seminars,
conferences and training
courses in India or abroad;
Section 19:
(1) The Chairperson shall
exercise the administrative
powers in respect of
(a) matters pertaining to staff
strength, wages and salary
structures, emoluments,
perquisites and personnel
policies with prior approval
from the State Government;
Section 22:
The administrative powers
of the Chairperson of the
authority will be with
regard to the following:
(a) matters pertaining to
human resources, wages
and salaries structures,
emoluments, perquisites
and personnel policies;
(b) matters pertaining to
appointments, promotions
and confirmation for all
posts;
(c) acceptance of
resignations by any officer
or employee;
(d) In addition, the
Chairperson will be
responsible for officiating
against sanctioned posts;
(e) authorization of tours
to be undertaken by any
member, officer or
employees within India
and allowance to be
granted for the same;
(f) all matters in relation to
grant or rejection of leaves;
(g) permission for hiring of
vehicles for official use;
(h) nominations for
attending seminars,
conferences and training
courses in India;
(i) permission for
invitation of guests to carry
out training course;
 within India and allowance to
be granted for the same;
(e) all matters in relation to
reimbursement of medical
claims as per the existing
Government Orders;
(f) all matters in relation to
grant or rejection of leaves.
(g) all matters relating to
disciplinary action against any
Member, officer or employee;
Additiona
l powers
of
Authority
(k) permission for
invitation of guests to
carry out training course;
(l) matters pertaining to
staff welfare expenses;
(m) sanction or scrapping
or write-off of capital
assets which due to
normal wear and tear have
become unserviceable or
are considered beyond
economical repairs;
(n) matters relating to
disciplinary action against
any Member, officer or
employee of the Authority.
(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
Section 22:
The Authority shall
exercise the following
additional powers:
(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;
(j) sanction, scrapping or
write-off of capital assets
which due to normal wear
and tear have become
unserviceable or are
considered beyond
economical repairs;
(k) matters relating to
disciplinary action against
officer and employee;
(l) any other powers that
may be required for the
efficient functioning of the
Authority and enforcement
of the provisions of the Act
and these rules.
Section 25:
The Authority shall have
the following additional
powers, namely:
(a) To 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;
(b) Requisitioning, subject
to the provisions of
sections 123 and 124 of the
Indian Evidence Act, 1872
(1 of 1872), any public
record or document or
copy of such record or
document from any office.
(2) The Authority may call
upon such experts or
consultants from the fields
of economics, commerce,
accountancy, real estate,
competition, construction,
architecture, law or
engineering or from any
other discipline as it
deems necessary, to assist
the Authority in the
conduct of any inquiry or
proceedings before it.
(3) The Authority may in
the interest of the allottees,
inquire 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, or
(b) used any amounts paid
to such promoter by the
allottees for that real estate
project for which the
penalty, interest or
compensation is payable,
(b) requisitioning, subject
to the provisions of
sections 123 and 124 of the
Indian Evidence Act, 1872
(1 of 1872), any public
record or document or
copy of such record or
document from any office.
(2) The Authority may, call
upon such experts or
consultants from the fields
of economics, commerce,
accountancy, real estate,
town planning,
competition, construction,
architecture, or
engineering or from any
other discipline as it deems
necessary, to assist the
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; or
(b) used any amounts paid
to such promoter by the
allottees for the real estate
project for which the
penalty, interest or
or any other real estate compensation is payable,
project; or or any other real estate
(c) recovered the amounts project;
paid as penalty, fine or (c) recovered the amounts
compensation from the paid as penalty, fine or
allottees of the relevant compensation from the
real estate project or any allottees of the relevant
other real estate project real estate project or any
other real estate project.
(4) The Authority shall
have the powers to levy fee
and prescribe
advertisement charges and
collect the same from the
developers and advertisers
willing to advertise on the
website of the authority
besides prescribing and
collecting any other
charges or fees/penalties
from the developers/
promoters/real estate
agents or any other
individual or agency.
(5) The Authority shall
advertise the vacancies and
qualification and complete
selection process at least
one month prior to the
date on which vacancy
arises in order to avoid any
gap in the office and to
provide uninterrupted
service of the Authority.
 REAL ESTATE APPELLATE TRIBUNAL

DEC. ANDHRA PRADESH TELANGANA KARNATAKA TAMIL NADU ANALYSIS

(1) Every appeal filed shall
Appeal and Same as Tamil Nadu Same as Telangana – (1) Every appeal filed shall
be accompanied by a fees
fees payable Appeal filed in Form R. be accompanied by a fee of
of five thousand rupees in
rupees One thousand in
the form of a demand draft
the form of a demand draft
or a bankers cheque drawn
drawn on a scheduled
on a scheduled bank in
bank in favour of the
favour of the Appellate
Appellate Tribunal and
Tribunal and payable at
payable at the main branch
the branch of that Bank at
of that Bank at the station
the station where the seat
where the seat of the said
of the said Appellate
Appellate Tribunal is
Tribunal is situated or
situated.
through online payment,
as the case may be. (2) Every appeal shall be
(2) Every appeal shall be filed in Form L along with
filed in Form L in the following documents:
triplicate, until the (a) An attested true copy
application procedure is of the order against which
made web based, along the appeal is filed;
with the following (b) Copies of the
documents, namely: documents relied upon by
(a) true copy of the order the appellant and referred
against which the appeal is to in the appeal;
filed;
(b) copies of the (c) An index of the
documents relied upon by documents.
the appellant and referred (3) Procedure for filing the
to in the appeal; and appeal shall be as decided
(c) an index of the by the Appellate Tribunal
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, 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, 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, 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.
(1) A person who is or has
Qualification
been a Judge of a High Court
for
may be appointed as
appointment
Chairperson;
(2) In the case of a Judicial
Member he has held a
judicial office in the territory
of India for at least fifteen
years or has been a member
of the Indian Legal Service
and has held the post of
Additional Secretary of that
service or any equivalent
post, or has been an
advocate for at least twenty
years with experience in
dealing with real estate
matters;
(3) In the case of a Technical
member, he is a person who
is well-versed in the field of
urban planning &
development, housing, real
estate development,
 infrastructure, economics,
planning laws and possesses
experience of at least twenty
years in the field or who has
held the post in the State
Government in the
equivalent cadre of Director
of Town and Country
Planning or an equivalent
post in the Central
Government.
(4) In the case of an
Administrative member, he
is a person who is well
versed in the field of urban
development, economics,
law, Commerce,
Accountancy, Industry,
Management, Public Affairs
or Administrative and
possesses experience of at
least twenty years in the
field or who has held the
post in the Central
Government, or a State
Government equivalent to
the post of Additional
Secretary to Government of
India or an equivalent post
in the Central or State
Government.
Manner of Section 30: Same as Tamil Nadu Section 31: Section 30:
selection of (1) The Judicial members (1) As and when vacancies (1) As and when vacancies
Section 26
member and Technical or of a Member in the of a member in the
Administrative members Appellate Tribunal exist or Appellate Tribunal exist or
shall be appointed by the arise, or are likely to arise, arise, or are likely to arise,
Government on the the Government may make the Government may
recommendations of a a reference to the Selection make a reference to the
Selection Committee Selection Committee in
constituted by the
Government consisting of
Chief Justice of High Court
of the State or his nominee,
Additional Chief Secretary
or Principal Secretary or
Principal Secretary to
Government Municipal
Administration and Urban
Development Department
and Additional Chief
Secretary or Principal
Secretary or Secretary to
Government, Law
Department.
(2) The Chairperson of the
Appellate Tribunal shall be
appointed by the
Government in consultation
with the Chief Justice of
High Court of the State or
his nominee.
(4) All members of the
Committee including the
Chairman shall be present at
the time of meeting of the
Committee.
(5) 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 within the
convenience of the Chairman
of Selection Committee.
(6) The Selection Committee
may devise its own
procedure as deem fit
Committee in respect of
the vacancies to be filled.
(2) The Chairperson of the
Appellate Tribunal shall be
appointed by the State
Government.
(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
shall devise its own
procedure as it deemed fit
including the appointment
respect of the vacancies to
be filled.
(2) The Selection
Committee may, for the
purpose of selection of the
member of the Appellate
Tribunal, follow such
procedure as deemed fit
including the appointment
of a Search Committee
consisting of such persons
as the selection committee
considers appropriate to
suggest a panel of names
possessing the requisite
qualification and
experience and suitable for
being considered for
appointment as member of
the Appellate Tribunal.
(3) The Selection
Committee shall select two
persons for each vacancy
and recommend the same
to the Government.
(4) The Selection
Committee shall make its
recommendation to the
Government within a
period of sixty days from
the date of reference made.
(5) The Government shall
within thirty days from the
date of the
recommendation by the
Selection Committee,
appoint one of the two
persons recommended by
the Selection Committee
including the appointment
of Search Committee and
may lay down guidelines
and procedure to invite
applications from eligible
persons as per the
qualifications specified and
also the process of interview
for selection of the Members
who are possessing the
requisite qualification and
experience and suitable for
appointment as a Members
of the Regulatory Tribunal:
(7) The Selection Committee
shall make its
recommendation to the
Government within a period
of sixty days from the date of
reference.
(8) The Selection Committee
shall recommend in the form
of a panel of not more than
two persons in order of
preference separately for
each vacancy or posts to the
State Government for
consideration.
(9) The State Government
shall on the basis of the
recommendations of the
Selection Committee make a
list of persons selected for
appointment as Members
and the said list shall be
valid for a period of two
years.
(10) The Government shall
within thirty days from the
of a Search Committee and for the vacancy of the
may lay down guidelines Member.
and procedure to invite
applications from the
eligible persons as per
qualification. 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 within
a period of not exceeding
sixty days from the date of
reference made by the
Government 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 panel of
 date of the recommendation
by the Selection Committee,
appoint one of the two
persons recommended by
the Selection Committee for
each vacancy or post of the
Members, as the case may
be.
Salary and Section 35:
allowance (1) The salaries and
payable and allowances payable to the
other terms Chairperson and Members
and conditions of the Appellate Tribunal
of service shall be as follows:
(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 whole-time 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;
(c) Every full-time Member,
who is not a servant of the
Government, shall be paid a
monthly salary equivalent to
the Additional Secretary to
the Government of India;
(d) Every part-time Member,
who is not a servant of the
Government, shall be paid a
Section 27:
(1) The salaries and
allowances payable to the
Chairperson and Members
of the Appellate Tribunal
shall be as follows-
(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 salary
drawn at the maximum of
the scale of pay of
Additional Secretary to the
Government of India:
Provided that any person
who has held a post in the
Government, senior than
that of Additional
Secretary to the
Government of India, prior
to becoming a Member, he
shall be paid a monthly
three people’s name for 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.
Section 36:
(1) The salaries and
allowances payable to the
Chairperson and Members
of the Appellate Tribunal
shall be as follows-
(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
(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.
Section 31:
(1) The salaries and
allowances payable to the
Chairperson and members
of the Appellate Tribunal
shall be as follows:
(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 whole-time
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;
(c) Every full-time
member, who is not a
servant of the
Government, shall be paid
a monthly salary
equivalent to the
 sitting fee for each day he
attends the meetings of the
Appellate Tribunal as may
be determined by the
government, from time to
time.
(2) The Chairperson and
every other Member 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 Additional
Secretary to Government on
India 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.
Inquiry of Same as Telangana
charges
Section 45
against
chairperson or
member
salary corresponding to
the post at which he
retired.
(2) The Chairperson and
every other Member shall
be entitled to thirty days of
earned leave for every
completed year of service.
(3) The other allowances
and conditions of service
of the Chairperson and the
other Member shall be
such as may be determined
by the appropriate
Government from time to
time.
Section 28:
(1) The appropriate
Government either by
receipt of a complaint in
this regard or suo-moto, as
the case may be, make a
preliminary scrutiny with
respect to such charges
against the Chairperson or
any Member of the
Authority or Appellate
(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.
Same as Telangana
Section 34
Additional Secretary to the
Government of India;
(d) Every part-time
Member, who is not a
servant of the
Government, shall be paid
a sitting fee for each day
he attends the meetings of
the Appellate Tribunal as
may be determined by the
Government, from time to
time.
(2) The other allowances
and conditions of service
including leave of the
Chairperson and the
whole-time member shall
be as prescribed by the
Government, from time to
time.
Same as Telangana
Section 32
Tribunal, as the case may
be.
(2) If on preliminary
scrutiny, the appropriate
Government considers it
necessary to investigate
into the allegation, it shall
place the complaint, if any,
together with supporting
material as may be
available, before Chief
Justice of the High Court
to appoint a sitting or
retired Judge of the High
Court. (3) The appropriate
Government shall forward
to the Judge copies of-
(a) the statement of
charges against the
Chairperson or Member of
the Authority or Appellate
Tribunal, as the case may
be; and
(b) material documents
relevant to the inquiry.
(4) The Chairperson or
Member of the 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 Judge
conducting the inquiry in
the matter.
(5) Where it is alleged that
the Chairperson or
 Member of an 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
Judge may arrange for the
medical examination of the
Chairperson or Member of
the Appellate Tribunal.
(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) After receipt of the
report, the appropriate
Government shall in
consultation with the Chief
Justice of the High Court
decide to either remove or
not to remove the
Chairperson or Member of
the Authority or Appellate
Tribunal, as the case may
be.
Same as Tamil Nadu Section 30: Same as Tamil Nadu Section 34:
Additional
The Appellate Tribunal Section 43 The Appellate Tribunal
powers of the Section 43
shall exercise the following may call upon such
Appellate
additional powers- experts or consultants
Tribunal
(a) require the promoter, from the fields of
allottee or real estate agent economics, commerce,

Section 40:
Administrative
(1) The Chairperson of the
power of
Appellate Tribunal shall
Chairperson
obtain the prior approval of
the State Government with
regard to the following:
(a) all matters pertaining to
creation and abolition of
posts;
(b) all matters pertaining to
pay and allowances of the
to furnish in writing such accountancy, real estate,
information or explanation town planning,
or produce such competition, construction,
documents within such architecture or engineering
reasonable time, as it may or from any other
deem necessary; discipline as it deems
(b) requisitioning, subject necessary, to assist the
to the provisions of Appellate Tribunal in the
sections 123 and 124 of the conduct of any inquiry or
Indian Evidence Act, 1872 proceedings before it.
(1 of 1872), any public
record or document or
copy of such record or
document from any office.
(2) The Appellate Tribunal
may call upon such experts
or consultants from the
fields of economics,
commerce, accountancy,
real estate, competition,
construction, architecture,
law 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.
Section 31: Section 44: Section 35:
(1) The Chairperson of the The administrative powers The administrative powers
Appellate Tribunal shall of the Chairperson of the of the Chairperson of the
exercise the administrative Appellate Tribunal shall Appellate Tribunal will be
powers in respect of include making decisions with regard to the
(a) matters pertaining to with regard to the following:- (a) matters
staff strength, wages and following, namely- pertaining to human
salary structures, (a) all matters pertaining to resources, wages and
emoluments, perquisites staff strength, wages and salaries structures,
and personnel policies; salaries structures, emoluments, perquisites
emoluments, perquisites and personnel policies;
and personnel policies
officers and staff of the
Appellate Tribunal;
(c) permission for hiring of
vehicles for official use;
(2) The Chairperson of the
Appellate Tribunal is
competent to exercise the
following powers subject to
control and review by the
Government.
(a) To make appointments to
the posts of the officers and
employees of the Appellate
Tribunal from the panel
prepared by the Selection
Committee;
(b) acceptance of
resignations by any Member,
officer or employee;
(c) Making arrangements for
officiating against
sanctioned posts;
(d) all matters in relation to
reimbursement of medical
claims as per the existing
Government Orders;
(e) all matters in relation to
grant or rejection of leaves.
(f) all matters relating to
disciplinary action against
any Member, officer or
employee;
(3) Manner of selection of
officers and employees of the
Appellate Tribunal:
(a) The Government shall
constitute a Selection
Committee with the
following composition to
(b) matters pertaining to
creation and abolition of
posts;
(c) matters pertaining to
appointments, promotions
and confirmation for all
posts;
(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;
(g) matters in relation to
reimbursement of medical
claims;
(h) matters in relation to
grant or rejection of leaves;
(i) permission for hiring of
vehicles for official use;
(j) nominations for
attending seminars,
conferences and training
courses in India or abroad;
(k) permission for
invitation of guests to
carry out training course;
(l) matters pertaining to
staff welfare expenses;
(m) sanction or scrapping
or write-off of capital
assets which due to normal
wear and tear have become
unserviceable or are
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;
(j) permission for hiring of
vehicles for official use;
(b) matters pertaining to
appointments, promotions
and confirmation for all
posts;
(c) acceptance of
resignations by any officer
or employee;
(d) In addition, the
Chairperson will be
responsible for officiating
against sanctioned posts;
(e) authorization of tours
to be undertaken by any
Member, officer or
employee within India and
allowance to be granted
for the same;
(f) all matters in relation to
grant or rejection of leaves.
(g) permission for hiring of
vehicles for official use;
(h) nominations for
attending seminars,
conferences and training
courses in India;
(i) permission for
invitation of guests to
carry out training course;
(j) sanction scrapping or
write-off of capital assets
which due to normal wear
and tear have become
unserviceable or are
considered beyond
economical repairs;
(k) matters relating to
disciplinary action against
any officer or employee;
 make selections for officers
and employees of the
Appellate Tribunal;
(b) The Selection Committee
shall consist of the Chair
Person of the Appellate
Tribunal, Principal Secretary
to the Government,
Municipal Administration &
Urban Development
Department and Principal
Secretary to the
Government, Finance
department;
(c) The Chairperson of the
Appellate Tribunal shall be
Chairman of the Selection
Committee.
(d) The Selection Committee
may devise its own
procedure for selection of
the officers and employees of
the Appellate Tribunal.
(e) The Selection Committee
shall follow the procedures
prescribed for the
Departmental Promotion
Committees in the
Government in making
promotions for the officers
and employees of the
Appellate Tribunal
DESCRIPTION ANDHRA PRADESH
considered beyond
economical repairs;
(n) all matters relating to
disciplinary action against
any Member, officer or
employee.
(2) The Chairperson of the
Appellate Tribunal shall
also exercise such other
powers that may be
required for the efficient
functioning of the
Appellate Tribunal and
enforcement of the
provisions of the Act and
the rules and regulations
made thereunder.
OFFENCES AND PENALTIES
TELANGANA
(k) nominations for (l) any other powers that
attending seminars, may be required for the
conferences and training efficient functioning of the
courses in India or abroad Appellate Tribunal and
as per clause (f) and (g); enforcement of the
(l) permission for provisions of the Act and
invitation of guests to these rules.
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
KARNATAKA TAMIL NADU ANALYSIS
 Section 34:
Manner of filing Section 48:
(1) Any aggrieved person may
complaint with
Same as Tamil Nadu file a complaint with the
Authority and
Authority for any violation
the manner of
under the Act or the rules and
holding an
regulations made thereunder,
inquiry by the
save as those provided to be
Authority
adjudicated by the
adjudicating officer, in Form
‘M’ annexed to this order, in
triplicate, until the application
procedure is made web based,
which shall be accompanied
by a fees of one thousand
rupees in the form of either a
demand draft or a bankers
cheque drawn on a scheduled
bank in favour of Authority
and payable at the branch of
that bank at the station where
the seat of the said Authority is
situated or through online
payment, as the case may be.
(2) The Authority shall for the
purposes of deciding any
complaint as specified, follow
summary procedure for
inquiry in the following
manner, namely-
(a) upon receipt of the
complaint, the 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,
may file his reply in respect of
the complaint within the
Section 29:
(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
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;
Section 37:
(1) Any aggrieved person
may file a complaint with
the Authority for any
violation under the Act or
the rules and regulations
made thereunder, save as
those provided to be
adjudicated by the
adjudicating officer, in
Form M which shall be
accompanied by a fee as
specified by the
Authority. (2) The
Authority shall, for the
purposes of deciding any
complaint follow
summary procedure for
inquiry in the following
manner:
(a) Upon receipt of the
complaint the Authority
shall issue a notice along
with particulars of the
alleged contravention and
the relevant documents to
the respondent;
(b) The notice shall
specify a date and time for
further hearing;
(c) On the date so fixed,
the 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
period as specified in the
notice;
(c) the notice may specify a
date and time for further
hearing and the date and time
for the hearing shall also be
communicated to the
complainant;
(d) on the date so fixed, the
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 thereunder
and if the respondent, -
(i) pleads guilty, the 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
thereunder;
(ii) does not plead guilty and
contests the complaint, the
Authority shall demand an
explanation from the
respondent;
(e) in case the 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 Authority is
satisfied on the basis of the
submissions made that there is
(b) the respondent against
whom such notice is issued
may file his reply in
respect of the complaint
within the period as
specified in the notice;
(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
thereunder and if the
respondent –
(i) pleads guilty, the
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 thereunder;
(ii) does not plead guilty
and contests the
complaint the Authority
shall demand an
explanation from the
respondent;
(d) In case the Authority
is satisfied on the basis of
the submissions made
that the complaint does
not require any further
inquiry, it may dismiss
the complaint;
(e) In case the Authority is
satisfied on the basis of
the submissions made
that the 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;
(f) The Authority shall
have the power to carry
out an inquiry, into the
complaint, on the basis of
documents and
submissions;
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 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 (11 of
1872);
(i) on the date so fixed, the
Authority upon consideration
of the evidence produced
before it and other records and
submissions is satisfied that,-
(i) the respondent is in
contravention of the
provisions of the Act or the
rules and regulations made
thereunder, it shall pass such
orders including imposition of
penalty as it thinks fit in
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
(g) On the date so fixed,
the Authority upon
consideration of the
evidence produced before
it and other records and
submissions is satisfied
that –
(i) 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;
(ii) the respondent is not
in contravention of the
provisions of the Act or
the rules and regulations
made there under the
Authority may, by order
in writing, dismiss the
complaint, with reasons to
be recorded in writing.
(h) If any person fails
neglects or refuses to
appear, or present himself
as required before the
Authority, the 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
accordance with the provisions
of the Act or the rules and
regulations made thereunder;
(ii) the respondent is not in
contravention of the
provisions of the Act or the
rules and regulations made
thereunder, the 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
Authority, the 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
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
 the reply to the notice of the Authority, which have not
complaint, as the case may be 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.
Section 49: Section 35: Section 29: Section 38:
Manner of filing
(1) Any aggrieved (1) Any aggrieved person may (1) Any aggrieved person (1) Any aggrieved person
a complaint
person may file a file a complaint with the may file a complaint with may file a complaint with
with the
complaint with the adjudicating officer for interest the adjudicating officer for the adjudicating officer
adjudicating
adjudicating officer for and compensation as provided compensation under for compensation under
officer and the
compensation under under section 12, 14, 18 and 19 section 12, 14, 18 and 19 as section 12, 14, 18 and 19 in
manner of
section 12, 14, 18 and 19 in Form ‘N’, in triplicate, until per Form ‘O’ which shall Form N which shall be
holding an
as per Form ‘N’ which the application procedure is be accompanied by a fee of accompanied by a fee of
inquiry by the
shall be accompanied made web based, which shall rupees one thousand in the rupees five thousand in
adjudicating
by a fee of rupees one be accompanied by a fees of form of a demand draft the form prescribed by the
officer
thousand in the form of one thousand rupees either in drawn on a nationalized Authority.
a demand draft drawn the form of a demand draft or bank or a co-operative (2) The Adjudicating
on a nationalized bank a bankers cheque drawn on a Bank in favour of officer shall for the
in favour of regulatory scheduled bank in favour of regulatory authority and purposes of adjudging
authority and payable the Authority and payable at payable at the main branch compensation follow
at the main branch of the branch of that bank at the of that bank at the station summary procedure for
that bank at the station station where the seat of the where the seat of the said inquiry in the following
where the seat of the said Authority is situated or regulatory authority is manner:
said regulatory through online payment, as situated. (a) Upon receipt of the
authority is situated. the case may be. complaint the
(2) The adjudicating (2) The adjudicating officer (2) The adjudicating officer adjudicating officer shall
officer shall for the shall for the purposes of shall for the purposes of issue a notice along with
purposes of adjudging adjudging interest and adjudging compensation particulars of the alleged
compensation follow compensation follow summary follow summary procedure contravention and the
summary procedure for procedure for inquiry in the for inquiry in the following relevant documents to the
inquiry in the following following manner, namely:- manner: promoter;
manner: (a) Upon receipt of the (a) upon receipt of the (b) The notice shall
(a) Upon receipt of the complaint, the adjudicating complaint the adjudicating specify a date and time for
complaint the officer shall issue a notice officer shall issue a notice further hearing; and on
adjudicating officer along with particulars of the along with particulars of the date so fixed, the
shall issue a notice alleged contravention and the the alleged contravention adjudicating officer shall
along with particulars relevant documents to the and the relevant explain to the promoter
of the alleged respondent; documents to the about the contravention
contravention and the (b) The respondent against promoter; alleged to have been
relevant documents to whom such notice is issued (b) the respondent against committed in relation to
the promoter; may file his reply in respect of whom such notice is issued any of the provisions of
(b) The notice shall the complaint within the may file his reply in the Act or the rules and
specify a date and time period as specified in the respect of the complaint regulations made there
for further hearing; notice; within the period as under and if the promoter
(c) On the date so fixed, (c) The notice may specify a specified in the notice; (i) pleads guilty, the
the adjudicating officer date and time for further (c) the notice shall specify a adjudicating officer shall
shall explain to the hearing and the date and time date and time for further record the plea, and
promoter about the for the hearing shall also be hearing; award such compensation
contravention alleged communicated to the (d) on the date so fixed, the as he thinks fit in
to have been complainant; adjudicating officer shall accordance with the
committed in relation (d) On the date so fixed, the explain to the promoter provisions of the Act or
to any of the provisions adjudicating officer shall about the contravention the rules and regulations,
of the Act or the rules explain to the respondent alleged to have been made there under;
and regulations made about the contravention committed in relation to (ii) does not plead guilty
thereunder and if the alleged to have been any of the provisions of the and contests the
promoter: committed in relation to any of Act or the rules and complaint the
(i) pleads guilty, the the provisions of the Act or the regulations made there adjudicating officer shall
adjudicating officer rules and regulations made under and if the promoter: demand an explanation
shall record the plea, thereunder and if the (a) pleads guilty, the from the promoter;
and award such respondent,- adjudicating officer shall (c) In case the
compensation as he (i) pleads guilty, the record the plea, and award adjudicating officer is
thinks fit in accordance adjudicating officer shall such compensation as he satisfied on the basis of
with the provisions of record the plea, and by order thinks fit in accordance the submissions made
the Act or the rules and in writing, order payment of with the provisions of the that the complaint does
regulations, made there interest as specified in rule 15 Act or the rules and not require any further
under; and such compensation as he regulations, made inquiry it may dismiss the
(ii) does not plead thinks fit, as the case may be, thereunder; complaint;
guilty and contests the in accordance with the (b) does not plead guilty (d) In case the
complaint the provisions of the Act or the and contests the complaint adjudicating officer is
adjudicating officer rules and regulations, made the adjudicating officer satisfied on the basis of
shall demand and thereunder; shall demand an the submissions made
explanation from the (ii) does not plead guilty and explanation from the that the there is need for
promoter; contests the complaint, the promoter; further hearing into the
(d) In case the adjudicating officer shall (e) in case the adjudicating complaint it may order
adjudicating officer is demand and explanation from officer is satisfied on the production of documents
satisfied on the basis of the respondent; basis of the submissions or other evidence on a
the submissions made (e) in case the adjudicating made that the complaint date and time fixed by
that the complaint does officer is satisfied on the basis does not require any him;
not require any further of the submissions made that further inquiry it may (e) The adjudicating
inquiry it may dismiss the complaint does not require dismiss the complaint; officer shall have the
the complaint; any further inquiry it may (f) in case the adjudicating power to carry out an
(e) In case the dismiss the complaint; officer is satisfied on the inquiry into the complaint
adjudicating officer is (f) in case the adjudicating basis of the submissions on the basis of documents
satisfied on the basis of officer is satisfied on the basis made that there is need for and submissions;
the submissions made of the submissions made that further hearing into the (f) On the date so fixed,
that the there is need the there is need for further complaint it may order the adjudicating officer
for further hearing into hearing into the complaint it production of documents upon consideration of the
the complaint it may may order production of or other evidence on a date evidence produced before
order production of documents or other evidence and time fixed by him; him and other records and
documents or other on a date and time fixed by (g) the adjudicating officer submissions is satisfied
evidence on a date and him; shall have the power to that the promoter is
time fixed by him; (g) the adjudicating officer carry out an inquiry into (i) liable to pay
(f) The adjudicating shall have the power to carry the complaint on the basis compensation, the
officer shall have the out an inquiry into the of documents and adjudicating officer may,
power to carry out an complaint on the basis of submissions; by order in writing, order
inquiry into the documents and submissions; (h) the adjudicating officer payment of such
complaint on the basis (h) the adjudicating officer shall have the power to compensation, as deemed
of documents and shall have the power to summon and enforce the fit by the promoter to the
submissions; summon and enforce the attendance of any person complainant; or
(g) On the date so fixed, attendance of any person acquainted with the facts (ii) not liable to any
the adjudicating officer acquainted with the facts and and circumstances of the compensation, the
upon consideration of circumstances of the case to case to give evidence or to adjudicating officer may,
the evidence produced give evidence or to produce produce any documents by order in writing,
before him and other any documents which in the
records and opinion of the adjudicating
submissions is satisfied officer, may be useful for or
that the promoter is relevant to the subject matter
(i) liable to pay of the inquiry, and in taking
compensation, the such evidence, the
adjudicating officer adjudicating officer shall not
may, by order in be bound to observe the
writing, order payment provisions of the Indian
of such compensation, Evidence Act, 1872 (11 of
as deemed fit by the 1872);
promoter to the (i) on the date so fixed, the
complainant; or adjudicating officer upon
(ii) not liable to any consideration of the evidence
compensation, the produced before him and
adjudicating officer other records and submissions
may, by order in is satisfied that the respondent
writing, dismiss the is,-
complaint, with reasons (i) liable to pay interest and
to be recorded in compensation, as the case may
writing. be, the adjudicating officer
(h) If any person fails, may, by order in writing, order
neglects or refuses to payment of interest as
appear, or present specified in rule 15 and such
himself as required compensation as he thinks fit,
before the adjudicating as the case may be, in
officer, the adjudicating accordance with the provisions
officer shall have the of the Act or the rules and
power to proceed with regulations, made thereunder;
the inquiry in the or
absence of such person (ii) not liable to any interest
or persons after and compensation, as the case
recording the reasons may be, the adjudicating
for doing so officer 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
which in the opinion of the dismiss the complaint,
adjudicating officer, may with reasons to be
be useful for or relevant to recorded in writing.
the subject matter of the (g) If any person fails,
inquiry, and in taking such neglects or refuses to
evidence, the adjudicating appear, or present himself
officer shall not be bound as required before the
to observe the provisions adjudicating officer, the
of the Indian Evidence Act, adjudicating officer shall
1872 (Central Act 11 of have the power to
1872); proceed with the inquiry
(i) on the date so fixed, the in the absence of such
adjudicating officer upon person or persons after
consideration of the recording the reasons for
evidence produced before doing so.
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.
(j) if any person fails,
neglects or refuses to
appear, or present himself
as required before the
adjudicating officer, the
adjudicating officer shall
 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.
BUDGET AND REPORT
DESCRIPTION ANDHRA PRADESH TELANGANA
Section 36:
Budget, Section 53:
(1) At the end of the financial
Account and
The regulatory year of every year, the
Audit
authority shall prepare Authority shall prepare a
a budget, maintain budget, maintain proper
proper accounts and accounts and other relevant
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.
KARNATAKA TAMIL NADU ANALYSIS
Section 48: Section 39:
(1) At the end of the financial Same as Andhra
year, the Authority shall Pradesh
prepare a budget, maintain
proper accounts and other
relevant records and prepare
 other relevant records records and prepare an annual
and prepare an annual statement of accounts in Form
statement of accounts ‘O’ annexed to this order.
as provided in section (2) The Authority shall
77 as per Form ‘O’. 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.
Section 54: Section 37:
Annual report
The regulatory (1) The Authority shall prepare
authority shall prepare its annual report in Form ‘P’.
its annual report as (2) The Authority may also
provided in section 78 include in the Annual Report
as per Form ‘P 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
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.
Section 49: Section 40:
Same as Telangana Same as Andhra
The Authority shall prepare its Pradesh
annual report in Form-T.
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.