HOUSING DEPARTMENT

NOTIFICATION

Shimla-171002, the 9th September, 2005

NO. HSG-A(3)3/2005. - Whereas, the draft Himachal Pradesh Apartment and Property Regulatin Rules, 2005 were published in the Rajpatra, Himachal Pradesh (Extra Ordinary) on 25th July, 2005 vide this department notification No:HSG-A(3)3/2005, dated 23rd July, 2005 for inviting objections and suggestions from the persons likely to be affected thereby as required under sub-section(1) of section 43 of the Himachal Pradesh Apartment and Property Regulation Act, 2005;

And whereas only one objection/suggestion has been received and he same has been duly considered within the specified period and accepted.

Now, therefore, in exercise of the powers confered by section 43 of the ibid, the Governor of Himachal Pradesh is pleased to make the following rules, namely: -

1. Short title and commencement .- (1) These rules may be called the Himachal Pradesh Apartment and property Regulation Rules,2005.

(2) They shall come into force from the date of their publication in the Official Gazette.

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

(a) "Act" means the Himachal Pradesh Apartment and Property Regulation Act, 2005;

(b) “amenity” includes roads, water supply, street lighting, drainage, sewerage, public parks, schools, hospitals, community centres and other community building, landscaping and any other public utility service;

(c) “family” in relation to a person means the individual, wife or husband, as the case may be, of such individual and his or her unmarried minor children;

(d) “Form” means the form appended to these rules known as APR Form;

(e) “Government” means the State Government of Himachal Pradesh;

(f) “layout plan” means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(g) "Prescribed Authority" means the authority prescribed as such under sub-rule(2) of rule 11; and

(h) “section” means a section of the Ordinance.

(2) All other words and expressions used in these rules but not defined shall have the same meanings as has been respectively assigned to them in the Ordinance.

3. Disclosure regarding design and material to be used.- The promoter shall disclose the following particulars on reasonable notice or demand in respect of designs and materials to be used in the construction, namely:-

(a) In respect of design,-

(i) location Plan of the building;

(ii) design of the building and of the apartment;

(iii) elevation;

(iv) cross sections; and

(v) structural design.

(b) In respect of materials to be used in the construction of,-

(i) foundation;

(ii) super structure;

(iii) flooring;

(iv) joineries; and

(v) electric and sanitary fittings.

4. Reservation of residential apartments and plots for person belonging to economically weaker sections of the society.- (1) For the purpose of sub-section (8) of section 5, a person whose family income from all sources does not exceed fifty thousand rupees per annum or such other income limit, as may be fixed by the competent authority from time to time, keeping in view the income limit, as determined by the Government from time to time, for low income group housing, shall be deemed to be a person belonging to the economically weaker sections of the society.

(2) No person belonging to the economically weaker section of the society shall be eligible for allotment of a residential apartment or a residential plot in a colony if,-

(i) he himself or his spouse or minor child owns a free-hold or lease-hold or on hire-purchase basis a residential plot or a residential apartment in a colony developed in the State of Himachal Pradesh under the Himachal Pradesh Housing and Urban Development Authority Act, 2004 or under a housing scheme of a local authority or under the Ordinance.

(ii) he is less than eighteen years of age on the date of applications are invited for such allotment; and

(iii) his family income from all sources exceeds the income limit specified in sub-rule (1).

(iv) he has not been working for gain for more than 25 years in teh State of Himachal Pradesh or he is not having his permanent home in Himachal Pradesh, on the date on which applications are invited for such allotment.

(3) The promoter shall, reserve at least five percent of number of residential plots and apartments, for being sold or leased to the eligible persons belonging to the economically weaker sections of the society.

(4) The constructed size of the apartment or the area of plot to be reserved for being sold or leased to the persons belonging to the economically weaker sections of society, shall not be less than thirty six square metres in the case of the apartments and shall not be less than eighty square metres of the plot in the case of the colony or such area, as may be determined by the competent authority from time to time with the prior approval of the State Government.

5. Mode of allotment of reserved apartments and plots.- (1) The promoter shall invite applications for allotment of residential apartments or residential plots reserved for the persons belonging to the weaker sections of the society under rule 4 by publishing a public notice in at least two newspapers widely in circulation in the area where the apartments or plots are situated and a copy of the public notice so published, shall be filed in the office of the competent authority.

(2) All applications received by the promoter in response to the public notice published under sub-rule (1), shall be entered serially in a register maintained for this purpose in the office of the promoter and acknowledgement of the receipt thereof, in the office of the promoter, shall be sent to the applicant.

(3) No application shall be rejected merely on the ground that it is incomplete in any respect and the defect or deficiency, if any, found in the application shall be got rectified by the promoter from the applicant.

(4) The allotment of plots or apartments, as the case may be, to the eligible applicants, shall be made by draw of lots under the supervision of the competent authority or any of its representative duly authorised by it in this behalf.

6. Price to be paid for allotment of apartments and plots.- The price payable for allotment of plots and apartments reserved to be sold or leased to the persons belonging to the economically weaker sections of the society shall be at least twenty five percent less than the price fixed for the allotment of such plots or apartments to other categories of persons and unless the allottee voluntarily agrees to pay the price so fixed in lump sum, the price shall be payable in installments to be fixed by the promoter in such a way that it would be recoverable within a period of at least three years from the date of allotment of the apartment or the plot, as the case may be.

7. Disclosure regarding registration and licence.- The promoter shall disclose the number of his certificate of registration granted under sub-section (2) of section 19 and also the validity of licence issued under sub-section (3) of section 5 of the Ordinance and display the certificate of registration and the licence so granted at a conspicuous place in his office and make it available for inspection to the persons taking or intending to take an apartment or a plot in the colony and to a person authorised by the competent authority.

8. Supply of copies of documents.- The promoter shall, on demand supply true copies, on payment of reasonable charges as may be determined by the competent authority, of the following documents, namely:-

(a) title deed of land, certified by an Assistant Collector First Grade or Second Grade, as the case may be, as referred to in clause (a) of sub-section (2) of section 3 and copies o the advertisement issued under section 4;

(b) copy of the consent of the land owner, if the land does not belong to the promoter as referred to in clause (a) of sub-section (2) of section 3;

(c) design of apartment, agreement with an architect and a contractor, as referred to in clause (f) of sub-section (2) of section 3;

(d) copy of occupation certificate as referred to in section 12; and

(e) certificate of registration granted under sub-section (2) of section 19 and the permission granted under sub-section (2) of section 5.

9. Additional information to be supplied by the promoter.- The promoter, alongwith the information specified under sub-section (3) of section 4, shall also disclose the information regarding the following matters in the advertisement or prospectus to be issued under sub-section (1) of section 4, namely:-

(a) the earnest money to be deposited;

(b) the mode of allotment;

(d) the interest to be charged;

(e) the general specifications as approved by the competent authority;

(f) the common areas, amenities and facilities to be provided as approved by the competent authority including its maintenance and management;

(g) the infrastructure to be provided; and

(h) the likely date by which the possession shall be handed over.

10. Application for licence and documents to be used and fee to be paid for the grant of licence.- (1) Every promoter who desires to develop any land into a colony or desires to construct apartment upon any land shall make an application in writing in Form APR-I to the competent authority for the grant of a licence under section 5 and shall furnish therewith:-

(a) a demand draft for a sum calculated at the rate of rupees five thousand per bigha or part thereof subject to a minimum of twenty five thousand rupees as licence fee in favour of the competent authority and drawn on any Scheduled Bank

(b) income tax clearance certificate;

(d) particulars of experience as a Promoter showing number and details of the colony or colonies already developed or being developed; and

(e) the following plans and documents in triplicate, namely:-

(i) copy or copies of all the title deeds and other documents showing the interest of the Promoter in the land under the colony alongwith a list of such deeds and documents, and if the land is owned by another person the consent of the owner of such land;

(ii) copy of the Shajra Plan showing the location of the colony alongwith the names of revenue estates, khasra numbers and area of each field;

(iii) a guide map on a scale of not less than ten centimetres to one kilometre showing the location of the colony in relation to surroundings geographically features to enable the identification of the land;

(iv) a survey plan of the land under the proposed colony on a scale of not less than 1:1000 showing the spot levels at a distance of thirty metres and where necessary contour plans showing the boundaries and dimensions of the said land, the location of streets, buildings and premises within a distance of at least thirty metres of the said land, existing means of access to and from existing roads;

(v) layout plan of the colony on a scale of not less than 1:1000 showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots reserved for the economically weaker sections of the Society, sites reserved for open spaces, community buildings, schools etc. with area under each and proposed building lines on the front and sides of the plots;

(vi) an explanatory note explaining the salient features of the proposed colony, in particular the source of whole-some water supply arrangements and site for disposal and treatment of storm and sullage water;

(vii) plans showing the cross-sections of the proposed roads indicating, in particular the width of the proposed drainage ways, cycle tracks and footpaths, green verges, position of electric poles, telephone poles and of any of other works connected with such roads;

(viii) plans as required under sub-clause (vii) indicating, in addition the position of sewers, storm water channels, water supply and any other public health services;

(ix) detailed specifications and structural design of apartments with the estimated cost;

(x) detailed specifications and designs of road, works shown under sub-clause (vii) and component wise estimated cost with cost analysis thereof;

(xi) detailed specifications and designs of sewerage, storm water, and water supply schemes with estimated costs of each component with cost analysis thereof;

(xii) detailed specifications and design for disposal and treatment of storm and sullage water and estimated costs of works component wise with cost analysis of each component;

(xiii) detailed specification and design for electric supply including street lighting with component wise estimated cost with cost analysis of each component;

(xiv) an undertaking regarding the structural design and construction thereof; and

(xv) undertaking to the effect that while constructing the apartment, the promoter shall abide by and conform to the Himachal Pradesh Public Works Department specifications for the quality of material to be used and quality of constructions.

(2) The plans in triplicate specified in clause (e) of sub-rule (1) shall be clear and legible azo-prints with the set mounted on cloth.

(3) If the Promoter wants to be exempted from providing anyone or more of the amenities in a colony, he shall furnish detailed explanatory note in triplicate alongwith the application and if necessary indicating the reasons as to why the said amenities or amenities need not or cannot be provided.

(4) In cases where the promoter applies for withdrawal of application before the issue of letter of intent under rule 11 (3) of these rules, licence fee to the extent of 5% or rupees five thousand which ever is more, shall be retained as processing fee in the office of the competent authority and the remaining amount shall be refunded to the promoter within one month from the receipt of application.

(5) In cases where letter of intent has been issued to the promoter and he fails to complete the formalities or is not interested for the grant of licence, 10% of the licence fee or rupees twenty thousand whichever is higher, not exceeding entire deposited licence fee, shall be retained as processing fee in the office of the competent authority and remaining amount shall be refunded to the promoter.

11. Inquiry by the competent authority.- (1) On receipt of the application in prescribed form and complete in all respects under rule 10, the competent authority shall enquire into the following matters and such other matters, as it may consider necessary, namely:-

(a) the title of the Promoter to the land which is proposed to be converted into a colony;

(b) extent and situation of land;

(d) financial and managerial capacity of the Promoter to develop the colony;

(e) plan regarding the development works to be executed in the colony; and

(f) conformity of development of the colony with neighbouring areas.

(2) The competent authority may after making inquiry as specified in sub-rule (1) and after giving the Promoter a reasonable opportunity of being heard, and also taking into consideration the opinion of concerned Town Planner of the State of Himachal Pradesh who shall be the prescribed authority for the purpose of sub-section (2) of section 5, by an order in writing, reject the application to grant the licence if ,-

(a) it does not conform to the requirement of these rules;

(b) the plans and designs of the development of works submitted with the application are not technically sound and workable;

(c) the estimated expenditure on water supply mains or extra mural and outfall sewerage is not commensurate with the size of the colony;

(d) the proposed colony/housing scheme is not in conformity with prescribed norms of Town and Country Planning Department of Himachal Pradesh.

(3) After scrutiny of the plans and other necessary inquiries which the competent

authority may deem fit, if the competent authority is satisfied that the Promoter is fit for the grant of licence, it shall, before granting licence, call upon the Promoter to fulfill the conditions laid down in rule 12 of these rules within a period of thirty days from the date of the services of notice in Form APR-II:

Provided that on an application within the aforesaid period of thirty days, for the extension of time limit, the competent authority, if satisfied, may extend such time limit further upto thirty days.

(4) If the Promoter fails to fulfill the conditions referred to in sub-rule (3) within the specified or extended period, if any, the grant of licence shall be refused and intimation of such refusal shall be communicated to the applicant in Form APR-III.

(5) The competent authority shall finalise the process of rejecting the application as provided in sub-rule (2) or for the grant of licence as provided in sub-rule (3) within a period not exceeding three months from the date of receipt of the application.

12. Conditions required to be fulfilled by the Promoter.- (1) The Promoter, who is found fit for the grant of a licence under rule 11, shall be asked by the competent authority to,-

(a) furnish a bank guarantee or security equal to twenty five percent of the estimated cost of the development works certified by the competent authority; and

(b) furnish an undertaking to enter into an agreement in Form APR-IV for carrying out and completion of development works in accordance with the conditions of the licence to be granted as under:-

(i) to maintain a separate account in any Scheduled Bank of all sums, taken by him from the persons intending to take or who has taken the plots or apartment, as an advance or deposit towards the sale price or for any other purpose as required under section 7, and utilize this amount for meeting the cost of development works in the colony and shall, on demand, in writing, by the competent authority make full and true disclosure of all transactions in respect of that account;

(ii) to pay development charges, if the mainlines of roads, drainage, sewerage, water supply and electricity are to be laid out and constructed by the State Government or any local authority;

(iii) take responsibility for maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of the issue of completion certificate under the building regulations unless earlier relieved of this responsibility and thereupon to transfer such roads, open spaces, public parks and public health services free of costs to the State Government or the local authority, as the case may be;

(iv)to construct or to get constructed at his own cost schools, hospitals, community centers and other community building on the land set apart for this purpose or transfer such land to the State Government either free of cost or on payment of actual cost of development of land as may be decided by the State Government in which case, the State Government shall be at liberty to transfer such land to any local authority or person or institution on such terms and conditions, as it may deem fit; and

(v) to permit the competent authority or any other officer authorized by it to inspect the execution of layout and development works in the colony and to carry out all directions issued by it for ensuring due compliance of execution of layout and development works in accordance with the licence granted.

(2) If the competent authority having regard to the amenities which exist or are proposed to be provided in the locality, decides that it is not necessary or possible to provide such amenities, the applicant will be informed accordingly and sub-clauses (ii), (iii) and (iv) of clause (b) of sub-rule (1) shall be deemed to have been modified to that extent.

13. Grant of licence.- (1) The competent authority shall grant a licence in Form APR-V after the promoter has furnished a bank guarantee or security equal to twenty five percent of the estimated cost of the development works duly certified by competent authority and the promoter has entered into an agreement in Form APR-IV for the completion of development works so granted and agrees to deposit the service charges as provided under section 30 of the Ordinance.

(2) The licence granted under sub-rule (1) shall be valid for a period of three years and shall be renewable for a period of two years at a time on payment of the prescribed fee.

14. Renewal of licence.- (1) In case the Promoter fails to complete the development works within a period of three years as specified in sub-section (4) of section 5, he may make an application to the competent authority in Form APR-VI for the renewal of his licence at least thirty days before the expiry period of the licence and the application so made shall be accompanied by,-

(i) a demand draft for a sum calculated at the rate of fifty percent of the fee prescribed in rule 10 for issuing a licence as renewal fee in favour of the competent authority and drawn on a Scheduled Bank;

(ii) income tax clearance certificate;

(iii) an explanatory note indicating the details of development works, which have been completed or are in progress or are yet to be undertaken;

(iv) reasons for non-completion of development works as required in terms of the licence granted to him; and

(v) the original licence.

(2) On receipt of an application under sub-rule (1) the competent authority, shall, if satisfied after making such enquiry that there has been delay in execution of development works by the Promoter and there has been no violation of any provision of the Ordinance and rules made thereunder, renew the licence for a period of two years by speaking order after charging penalty of rupees five thousand per bigha.

(3) In case the competent authority is not so satisfied, it shall reject the application by speaking order and in that case, an intimation in this regard will be sent to the Promoter in Form APR-VII :

Provided that before rejecting the application, the competent authority shall give the Promoter an opportunity of being heard.

15. Recovery of charges incurred on development works.- After the development works caused to be carried out, at the risk of the Promoter by the competent authority under sub-section (12) of section 5, charges incurred by it for carrying out such development works, shall be recovered by adjusting the amount received as a result of enforcement of the bank guarantee or security, as the case may be, and the balance, if any, shall be recovered from the promoter, subject to the condition that the amount so recovered, shall not exceed the amount the promoter has actually recovered from the allottees by deducting the amount actually spent on development works, and on the allottee subject to condition that the amount so recovered, shall not exceed the amount, which they have to pay to the promoter towards the expenses of such development works under the terms of the agreement of sale or transfer.

16. Agreement of sale.- The agreement of sale to be executed by the promoter with the intending purchasers under sub-section (1) of section 6, shall be in Form APR-VIII and shall be accompanied by the following documents, namely:-

(i) the certificate of title to land having been duly certified by the Assistant Collector First Grade or Second Grade, as the case may be, of the concerned area;

(ii) certified copy from the relevant revenue record showing the nature of title of the promoter to the plot of land on which the building or apartments is constructed or is to be constructed and if the land is owned by another person, the consent of the owner of such land to the development of colony or construction of the building; and

(iii) the plans and specifications of the apartments as approved by the authority, which is required so to do under any law.

17. Rate of interest on refund of advance money upon cancellation of agreement.- The promoter shall refund full amount collected from the prospective buyers under sub-section (2) of section 6 together with interest thereon at the rate of twelve percent per annum payable from the date of receipt of amount so collected till the date of re-payment.

18. Fee for settlement of disputes to rectify the defects or change.- The application under sub-section (2) of section 9 for referring the dispute to the competent authority, shall be accompanied by a fee of rupees two per square metre of the covered area of the apartment or building subject to a minimum of five hundred rupees in the form of a demand draft drawn on any Scheduled Bank in favour of the competent authority.

19. Particulars to be given and documents to be attached with conveyance deed .- The conveyance deed to be executed under section 13, shall contain the following particulars and shall be accompanied by the following documents, namely:-

(a) the name, address and other particulars of the allottees;

(b) the description of the land on which the building and the common area and facilities are located, and whether the land is free-hold or lease-hold and if lease-hold, the period of such lease;

(c) a floor plan of the building showing the layout and location of the apartment, alongwith the verified statement of an architect certifying that is an accurate copy of the portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located;

(d) the description of the building, stating the number of storeys and basement, the number of apartments in that building and the main material of which it is constructed;

(e) the apartment number or statement of the location of the apartment, its approximate area, number and dimensions of the rooms, immediate common areas to which it has access, and any other details necessary for its proper identification;

(f) the description of the common areas and facilities appurtenant to such apartment;

(g) the description of the limited common areas and facilities, if any, stating as to which apartments their use is reserved;

(h) the value of the property and of the apartments and percentage of undivided interest respectively, in the common areas and facilities and the limited common areas and facilities, if any, appurtenant to such apartment and a statement that the apartment and such undivided interest, are not encumbered in any manner whatsoever on the date of execution of the conveyance deed of apartment;

(i) the statement of the purposes for which the building and each of the apartments are intended and restricted as to use;

(j) the name of the person to receive service or process, together with the residence of place of business of such persons; and

(k) any other particulars or documents, which the parties to the conveyance deed of apartment, may deem desirable to set forth.

20. Form of application for enforcement of conveyance deed.- The application for enforcement of conveyance deed under sub-section (I) of section 14 shall be made in Form APR-IX.

21. Application of building regulations/bye-laws.- In the areas falling within the jurisdiction of a municipality, the rules or regulations or bye-laws of the municipality regulating the matters specified in section 18, shall be applicable and in the areas falling outside the jurisdiction of a municipality, the building regulations or bye-laws made under the Himachal Pradesh Town and Country Planning Act,1977 or under the Himachal Pradesh Housing and Urban Development Authority Act, 2004 ( Act No.9 of 2004), shall mutatis mutandis be applicable.

22. Release of Bank Guarantee or security.- After the layout and the development works in a colony or a building have been completed, and a completion certificate in respect thereof has been issued, the competent authority, may, on an application in this behalf from the promoter, release within a period of three months of the date of application, the bank guarantee or security furnished by the promoter after adjusting the amount incurred by the competent authority under sub-section (12) of section 5:

Provided that thirty percentum of the bank guarantee or security shall be kept unreleased to ensure the up-keep and maintenance of the colony or building for a period of five years from the date of issue of the completion certificate or till such time, as the promoter is relieved of the responsibilities in this behalf, by the State Government or a local authority, as the case may be, whichever is earlier.

23. Certificate of registration.- (1) An application for registration as promoter or as an estate agent, shall respectively be made in Form APR-X and Form APR-XI, and shall be accompanied by a fee of twenty thousand rupees in the case of a promoter and five thousand rupees in the case of an estate agent in the form of a demand draft drawn on a Scheduled Bank in favour of the competent authority.

(2) The certificate of registration shall be issued by the competent authority in the case of a promoter in Form APR-XII and in the case of an estate agent in Form APR-XIII.

24. Qualifications for registration as promoter and estate agent.- (1) In case the application is for registration as a promoter, the applicant himself, if he is an individual or one of his employees or one of the partners in case of a firm, or one of the directors in the case of a company, or one of the members of the managing committee in case of a co-operative society, as the case may be,-

(a) should not be less than eighteen years of age;

(b) should have at least five years experience in the field of development of colonies or construction of buildings whether as a construction engineer, architect, a town planner or as a contractor ;

(d) should not be of an unsound mind;

(e) should not have been black-listed by any authority under any law for the time being in force;

(f) should not have been convicted of an offence under the Act or under any law involving moral turpitude, or, if convicted a period of five years has elapsed since his conviction.

(g) should not be in the employment of the Government or a State undertaking or a local authority; and

(h) should not have been dismissed from the service of a Government or a State Undertaking or a local authority;

(2) In case the application is for registration as an estate agent, the applicant.-

(a) should not be less than eighteen years of age;

(b) should not be in the employment of the Government or a State undertaking or a local authority;

(d) should not be an un-discharged insolvent;

(e) should not be of an unsound mind;

(f) should have atleast five years experience as an estate agent; and

(g) should not have been convicted of an offence under the Act or under any law involving moral turpitude, or, if convicted a period of five years has elapsed since his conviction.

(3) The application for registration of promoter shall be accompanied by an undertaking that while executing the project, the promoter shall engage the services of qualified technical experts namely Construction Engineer and Architect/Town Planner till the completion of project.

(4) The applicant shall furnish to the competent authority a bank guarantee or security of fifty thousand rupees for registration as a promoter and ten thousand rupees for registration as an estate agent.

25. Fee for renewal of registration.- The fee for renewal of registration as a promoter or an estate agent, shall be the same as is payable, under rule 23 for granting the certificate of registration:

Provided that the application is made in Form APR-XIV in the case of a promoter and in Form APR-XV in the case of an estate agent at least three months before the expiry of the period of certification of registration.

26. Form and manner of maintaining accounts and registers and records.- (1) Every registered promoter shall maintain,-

(a) a separate ledger account of each of the allottees of the apartment or plot specifying the name and postal address of the allottees, amount realised from each apartment owner or plot holder;

(b) accounts showing the details of expense incurred by him on constructing the buildings or apartments or on development works in the colony with the details thereof in accordance with the provisions of section 7; and

(c) a register in Form XVI containing the details of plots or apartments sold by him to the allottees, date of the agreement of sale of such plots or apartments, details of the payment of the sale price and date of handing over the possession and execution of the conveyance deed.

(2) Every Estate Agent shall maintain a Register in Form APR-XVII indicating category of plot and apartment, area of plot and apartment, name and address of sellers and buyers consideration money, date of sale and registration of sale deed.

(3) The competent authority shall maintain registers in Form APR XVIII showing particulars of all cases in which licence under sub-section (3) of section 5 is granted or refused and in Form APR XIX and APR XX showing the particulars of all cases in which certificate of registration is granted or refused to promoters and estate agents respectively under section 19.

27. Audit.- (1) Every promoter and estate agent shall get his accounts audited after the close of every financial year by a Chartered Accountant and shall furnish a statement of accounts duly certified and signed by such chartered accountant alongwith the audit report to the competent authority within a period of six months of the close of the financial year.

(2) While auditing the accounts, the Chartered Accountant shall also verify that amounts collected by the promoter for a particular purpose have not been utilized for any other purpose as provided in section 7 and a certificate to that effect shall be recorded by the Chartered Accountant and a copy of the certificate so recorded, shall be sent by the promoter to the competent authority.

28. Returns.- (1) The promoter shall furnish to the competent authority six monthly return in Form APR XXI, showing the amount received from the prospective allottees of apartments and plot holders during that period, and amount spent on construction of apartments and on the development of plots, and the balance amount deposited in a bank for development works in the colony or for construction of apartment or for apartments constructed and sold, plots developed and sold and apartments under construction and colonies under development.

(2) The estate agent shall furnish annual return to the competent authority in Form APR XXII within a period of three months of the close of Financial Year indicating the names and addresses of the sellers and purchasers of the plots and apartments and dates of execution of conveyance deeds.

29. Utilisation of Development Fund.- The Development Fund shall, in addition to the purposes specified in sub-section (4) of section 30, also be utilised for,-

(i) the upgration and modernization of technology in town planning, housing and urban affairs;

(ii) providing training facilities in urban management, housing and town and country planning; and

(iii) organising and participating in seminars, workshops and conferences on town and country planning, housing, urban affairs and urban management within and out side the country.

30. Form and manner of filing appeal.- An appeal against an order of the competent authority under the Ordinance, shall be preferred in writing, signed by the appellant or his duly authorised agent before the appellate authority as provided under section 31 of the Ordinance and shall be accompanied by the following documents, namely:-

(i) a certified copy of the order appealed against;

(ii) a precise statement of the facts of the case;

(iii) statement of facts and law in support of the case; and

(iv) any other material document of evidentiary value relied upon.

FORM APR-I

[See rule 10(1)]

FORM OF APPLICATION FOR THE GRANT OF A LICENCE

The Competent Authority,

_________________________

Sir,

1. I/we beg to apply for the grant of licence to set up a residential/commercial colony at ____________ Tehsil ________________District ______________State_____.

The requisite particulars are as under:

(i) Status of the applicant, whether individual/firm/cooperative society/company.

(ii) In case of individual –

(a) Name

(b) Father’s name

(d) Permanent address

(iii) In case of Firm/Cooperative societies/companies

(a) Name

(b) Address

(d) Major activities

(e) Name and address of Partners/Chief Executive/Full time Directors.

(iv) Whether applicant is income tax payee/assessee, if so, give PAN No__________

(v) Name and address of the bank or banker with which account in terms of section 9 will be maintained_______________;

(vi) Particulars about financial position, -

(a) latest audited accounts in the case of company/firm/cooperative society; and

(b) furnish income tax return of last 3 years.

(vii) Details of immovable property held by the applicant_________

(viii) Whether the applicant had ever been granted permission to set up a colony under any other law, if so; details thereof.

(ix) Whether the applicant has ever established a colony or is establishing a colony and if so;details thereof……

(x) Agency to take up external development works……

Self Development Authority Local Authority

(xi) Agency to take up internal development works……

Self Development Authority Local Authority

(xii) Any other information the applicant may like to furnish.

2. I/we enclose the following documents in triplicate, namely:-

(i) Copy or copies of all the title deeds and other documents showing the interest of the applicant in the land under the proposed colony alongwith a list of such deeds and other documents and if the land is owned by another person, the consent of owner of such land to the development of the colony or construction of the building;

(ii) A copy of the shajra plans showing the location of the colony alongwith the name of the revenue estate, Khasra numbers of each field and the area of each field;

(iii) A guide map on a scale of not less than 10 cm to one km showing the location of the colony in relation to surrounding geographical features to enable the identification of the land;

(iv) A survey map of the land under the colony on a scale of not less than 1:1000 showing the spot levels at a distance of thirty metres and where necessary contour plans showing the boundaries and dimensions of the said land, the location of streets, buildings and premises within a distance of atleast thirty metres of the said land, existing means of access to and from existing roads;

(v) Layout plan of the colony on a scale of not less than 1:1000 showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots reserved for the economically weaker section of the society, sites reserved for open spaces, community buildings and schools with area of each and proposed building lines on the front and sides of plots;

(vi) An explanatory note explaining the salient features of the proposed colony, in particular the sources of the water supply, arrangement and site for disposal and treatment of storm water and sullage water;

(vii) Plan showing the cross sections of the proposed roads, indicating in particular width of the proposed carriage way, cycle, tracks and footpaths, green verges, position of electric poles, telephone poles and of any other works connected with such roads;

(viii) Plans as required under clause (vii) indicating in addition the position of the sewer, storm water channels, water supply and other public health services;

(ix) Detailed specifications and structural design of apartments with the estimated cost;

(x) Detailed specification and designs of road work as shown in clause (vii) and estimated cost of each component with cost analysis of each component thereof;

(xi) Detailed specifications and designs of storm water and water supply scheme with estimated cost of each component with cost analysis of each component;

(xii) Detailed specifications and designs for disposal and treatment of storm and sullage water and estimated cost of each component with cost analysis of works;

(xiii) Detailed specifications and designs of electric supply including street lighting; and estimated cost of each component with cost analysis; and

(xiv) Names and qualification of engineers and the consent to execute the development work where the promoter himself is to execute such works;

(3). I/we enclose further the following documents, namely: -

LICENCE FEE

(i) Demand draft No.____________dated______________ for Rs.___________ drawn on ________________bank.

(ii) A copy of the latest statement of annual accounts duly audited by a Chartered Accountant in the case of a company or a firm or a co-operative society and disclosure of the account maintained alongwith the name of the bank in the case of an individual; and

(iii) Income tax clearance certificate issued by the Income tax authorities.

(4). It is further submitted that I/we may be exempted from providing the following amenity or amenities in the proposed colony and an explanatory note in triplicate alongwith plans marked A,B,C (so on) as to why the said amenity or amenities are not required to be provided in the colony is enclosed.

(5). I/we solemnly affirm and declare that the particulars given in para 1 are correct to the best of my/our knowledge and belief.

Yours faithfully,

Dated:

Place:

Signature of applicant(s)

alongwith full name(s)

FORM APR-II

[See rule 11(3)]

FORM OF NOTICE FOR CALLING UPON THE APPLICANT

TO FULFIL CONDITIONS<