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Madhya Pradesh RERA Rules 2017

The Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017 outlines the regulatory framework for real estate projects and agents in the state. It includes provisions for project registration, promoter disclosures, and the roles and responsibilities of regulatory authorities. Additionally, it details procedures for complaints, appeals, and the maintenance of records and accounts.

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0% found this document useful (0 votes)
96 views49 pages

Madhya Pradesh RERA Rules 2017

The Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017 outlines the regulatory framework for real estate projects and agents in the state. It includes provisions for project registration, promoter disclosures, and the roles and responsibilities of regulatory authorities. Additionally, it details procedures for complaints, appeals, and the maintenance of records and accounts.

Uploaded by

divyansha
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Madhya Pradesh Real Estate (Regulation and Development ) Rules,2017

Index
Sl. No Contents Page No
1 Short tile and commencement 1
2 Definitions 1
3 Information and documents to be furnished by the 1
promoter for registration of real estate project
4 Disclosure by promoters of Existing projects 3
5 Withdrawal of sums deposited in separate account 3
6 Grant or rejection of registration of the project 3
7 Extension of registration of the project 3
8 Revocation of Registration of the project 4
9 Agreement of sale 4
10 Application for registration by the real estate agent 4
11 Grant of registration to the real estate agent 5
12 Renewal of registration of real estate agent 5
13 Revocation of registration of real estate agent 5
14 Maintenance and preservation of books of accounts , 5
records and documents
15 Other functions of a real estate agent 5
16 Details to be published on the website 6
17 Rate of interest payable by the promoter and the allottee 10
18 Timelines for refund 10
19 Manner of selection of chair person and members of the 10
Authority
20 Salary and allowances payable and other terms and 11
conditions of service of Chairperson and members of the
regulatory authority
21 Administrative powers of the Chairperson of the 11
regulatory authority
22 Salary and allowances payable and other terms and 12
conditions of service of the officer and other employees
of the regulatory authority and experts and consultants
engaged by the regulatory authority
23 Functioning of the authority 12
24 Additional powers of the authority 12
25 Manner of recovery of interest, penalty and 13
compensation
26 Manner of implementation of order, direction or 13
decisions of the adjudicating officer, the authority or the
Appellate Tribunal
27 Form for filing Appeal and the fees payable 13
28 Manner of selection of members of the Appellate 14
Tribunal
29 Salary and allowances payable and other terms and 14
conditions of service of Chairperson and Members of the
Appellate Tribunal
30 Procedure for Inquiry of the charges against the 14
Chairperson or the Member of the Authority or the
Appellate Tribunal
31 Salary and allowances payable and other terms and 15
conditions of service of the officers and other employees
of the Appellate Tribunal
32 Additional power of the Appellate Tribunal 15
33 Administrative power of the Chairperson of the 16
Appellate Tribunal
34 Terms and conditions and the fine payable for 16
compounding of offence
35 Manner of filing a complaint with the regulatory 17
authority and the manner of holding an inquiry by the
regulatory authority
36 Manner of filing a complaint with the adjudicating officer 18
and the manner of holding an inquiry by the adjudicating
officer
37 Budget, account and audit 19
38 Report and Returns 19
39 Annexure-A= Agreement For Sale 19
40 Form-A= Application for Registration of Project 19
41 Form-B= Declaration, supported by an affidavit, which 22
shall be signed by the promoter or any person authorized
by the promoter
42 Form-C= Registration Certificate of Project 24
43 Form-D= Intimation of rejection of application for 25
registration of project/ Rejection of application for
extension of registration of project/ Revocation of
registration of project
44 Form-E= Application for Extension of registration of 26
project
45 Form-F= Certificate for extension of registration of 27
project
46 Form-G= Application for registration of real estate agent 28
47 Form-H= Registration Certificate of real estate agent 30
48 Form-I= Intimation of rejection of application for 31
registration of real estate agent/ Rejection of application
for renewal of registration of real estate agent /
Revocation of registration of real estate agent
49 Form-J= Application for renewal of registration of real 32
estate agent
50 Form-K=Certificate Renewal of registration of real estate 33
agent
51 Form-L= Appeal to appellate tribunal 34
52 Form-M= Complaint to regulatory Authority 36
53 Form-N= Application to adjudicating officer 38
54 Form-O= Annual statement of account 40
55 Form-P= Annual report to be prepared by regulatory 45
authority

Common questions

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The registration and compliance of real estate agents are comprehensively handled under Rules 10 to 13 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. Real estate agents must obtain registration (Form-H), renew (Form-K), and comply with the regulatory requirements or face revocation (Form-I). Additional responsibilities include managing records and complying with statutory obligations to maintain their registration .

The extension or rejection of a real estate project registration is governed by Rules 7 and 6 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. Conditions for extension include justifying delays due to force majeure, while rejection may occur on grounds such as incomplete documentation or non-compliance with initial approval conditions. Form-D is used to communicate rejections, and Form-F issues extensions .

Revocation of a project's registration can be initiated as outlined in Rule 8 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017 if the promoter contravenes the terms or conditions of the approval given by the authority. The process involves an inquiry and due consideration by the Authority which may lead to the registration being revoked. Notifications like Form-D might be utilized to inform the promoter about the rejection of application or revocation of registration .

Interest rates play a crucial role in the agreement of sale as specified in Rule 17 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. Both the promoter and the allottee are bound by predefined interest rates in case of payment delays. This ensures fairness and financial discipline, deterring delays and promoting smooth transactions .

The Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017 specify that a real estate agent is responsible for maintaining and preserving books of accounts, records, and documents as stipulated in Rule 14. Additionally, they have other functions as outlined in Rule 15, which includes representing the interests of the buyer, providing all necessary information and documentation, and ensuring compliance with the statutory obligations imposed by the real estate regulation act .

The Real Estate Regulatory Authority's structure and responsibilities are elucidated in Rules 19 to 24 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. The Authority is composed of a Chairperson and members whose selection criteria, salaries, and powers are defined therein. Its responsibilities include oversight of projects, handling complaints, ensuring compliance with the Act, and resolving disputes between stakeholders .

The management and enforcement of interest, penalty, and compensation are detailed in Rule 25 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. This rule specifies the procedures for recovering dues from promoters or allottees, alongside Rule 17, which sets out the specific interest rates applicable. The regulatory authority ensures enforcement through inquiries and decisions that are binding on both parties .

Complaints with the regulatory authority are governed by Rule 35 of the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. Complaints are to be made using Form-M, with specific details about the grievance. The Authority then conducts an inquiry to resolve the complaint, maintaining transparency and fair treatment in all proceedings .

Appeals under the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017 are facilitated by the Appellate Tribunal as described in Rules 28 to 31. The procedure includes the selection of tribunal members and administrative powers. Forms such as Form-L are utilized for filing appeals to the tribunal, ensuring there's a systematic method for addressing disputes arising from decisions made by the regulatory authority .

The accountability of a promoter is ensured through several mechanisms under the Madhya Pradesh Real Estate (Regulation and Development) Rules, 2017. Rules 3 and 5 require promoters to furnish detailed project information and manage finances transparently, including withdrawing funds only for project-specific purposes. Regular disclosures and the possibility of registration revocation for violations (Rule 8) further secure accountability .

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