PAPRA-General-Rules-1995 Licensing
PAPRA-General-Rules-1995 Licensing
PAPRA-General-Rules-1995 Licensing
Notification
th
The 20 November, 1995.
1. Short title and commencement.- (1) These rules may be called the Punjab
Apartment and Property Regulation Rules, 1995.
(2) They shall come into force from the date of their publication in the Official
Gazette.
6. Price to be paid for allotments for 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 fifteen 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 instalments 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.
10. Application for licence and documents to be used and fee to be paid for
grant of licence.- (1) Every promoter who desires to develop any land into colony
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
hundred rupees per hectare or part thereof subject to a minimum of
two thousand rupees as licence fee in favour of the competent
authority and drawn on any Scheduled Bank;
(b) income tax clearance certificate;
(c) particulars of experience as promoter showing number and details of
the colony or colonies already developed or being developed;
(d) particulars about financial position of the promoter; 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 applicant 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 owner of such land;
(ii) copy of the Shajra Plan showing the location of the colony alongwith
the names of revenue estates, Khasra number and area of each
field;
(iii) a guide map on a scale of not less than ten centimeter to one
kilometer showing the location of the colony in relation to
surrounding geographical features to enable the identification of the
land;
(iv) a survey plan of the land under the proposed colony on a scale 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 access to and from existing roads;
(v) layout plan of a 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 and schools with area under each and
proposed building lines on the front and sides of the plots;
(vi) an explanatory not explaining the salient features of the colony, in
particular the source of whole-some water supply arrangement 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 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 designs of road works shown under sub-
clause (vii) and estimated cost thereof;
(x) detailed specifications and designs of sewerage, storm water, and
water supply schemes with estimated costs of each;
(xi) detailed specifications and designs for disposal and treatment of
storm and sullage water and estimated costs of works;
(xii) detailed specifications and designs for electric supply including street
lighting.
Explanation. (i) In the layout plan of the colony, other than an industrial
colony, the land reserved for roads, open spaces, schools, public and
community buildings and other common uses, shall not be less than forty five
percent of gross area of the land under the colony:
Provided that the competent authority may reduce this percentage,
to thirty-five percent where, in its opinion, the planning requirements and size
of the colony so justify;
(ii) In the layout plan of an industrial colony, the land reserved for the
purposes mentioned in Explanation (i) shall not be less than thirty-five per
cent of the gross area of the land under the colony :
Provided that the competent authority may reduce this percentage to
twenty five percent where, in its opinion the planning requirements and the
size of the colony so justify.
(2) The triplicate plans specified in clause (e) of sub-rule (1) shall be
clear and legible azo-prints with the set mounted on cloth.
(3) If the applicant wants to be exempted from providing any one 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 amenity or amenities need not or cannot be provided.
14. Renewal of Licence.- (1) In case the promoter fails to complete the
development works within a period of three years 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 atleast 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 per cent of the
fee prescribed in rule 10 for issuing 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 licence.
(2) On receipt of an application under sub-rule (1), the competent
authority, shall, if satisfied after making such enquiry, as it may consider necessary,
that the delay in execution of development works was for reasons beyond the control
of the promoter and there has been no violation of any provision of the Act and the
rules made there-under, renew the licence for a period of one year.
(3) In case the competent authority is not so satisfied, it shall reject the
application 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.
22. Release of Bank Guarantee.- After the layout and the development
works in a colony 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 furnished by the promoter after adjusting the amount
incurred by the competent authority under sub-section (13) of section 5.
Provided that one-fifth of the bank guarantee shall be kept unreleased to
ensure the up-keep and maintenance of the colony 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.
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 certification of registration; provided 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
atleast three months before the expiry of the period of certificate of registration.
26. Form and manner of maintaining accounts and registers and
records.- (1) Every registered promoter shall maintain:-
(a) a separate ledge account of each of the allottees of the apartment or
plot specifying the name and postal address of the allottees, amount
realized from each apartment owner or plot holder;
(b) accounts showing the details of expense incurred by him or
constructing the buildings or apartments or on development works in
the colony with the details thereof in accordance with the provisions
of section 9; and
(c) a register in Form APR 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 XVII indicating
category of plot and apartment, area of plot and apartment, names and addresses 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 Forms 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 21.
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 auditor’s 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 amount collected by the promoter for a particular purpose have not been
utilized for any other purpose as provided in section 9 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.