This article is written by Ankit Juneja. The article gives a definitive idea of the standard procedure adopted by the professionals while registering a project in the State of Rajasthan and is empirical.

How to register a project with RERA

The Real Estate sector is the backbone of the Indian economy, as it contributes to Gross Value Added (GVA) at current prices for services sector is estimated at 73.79 lakh crore INR in 2016-17 towards growth of our economy. Due to its major influence, for changing legislation as well as implementation of a specialized regulator and to bring uniformity and transparency, there has always been a requirement for its regulation through a uniform code of law and changes in the relevant existing laws governing this sector.

The Government of India, Ministry of Law and Justice (Legislative Department) published the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) in the Gazette of India as on 25th March 2016, to address and overcome the difficulties surrounding this sector. It aims to ensure transparency, accountability, standardization, and consistency by regulating the sale of real estate and timely completion of projects. The RERA Act intends to protect the interests of home buyers and enhance transparency in the real estate sector and thus the corporates in India drastically changing their business policies accordingly.

The general meaning and key definitions as mentioned under the RERA Act, 2016 are stated below to understand the basic differences between them:

Authority: Section 2 (i) of RERA Act, 2016 defines that “authority” means the Real Estate Regulatory Authority established under sub-section (1) of section 20.

Project: Section 2(zj) defines that “project” means the real estate project as defined in clause (zn).

Promoter: As per Section 2(zk) a “promoter” means;

• a person who constructs or causes to be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees; or

• a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon; or

• any development authority or any other public body in respect of allottees of-

• buildings or apartments, as the case may be, constructed by such authority or body on lands owned by them or placed at their disposal by the Government; or

• plots owned by such authority or body or placed at their disposal by the Government,for the purpose of selling all or some of the apartments or plots; or

• an apex State level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its Members or in respect of the allottees of such apartments or buildings; or

• any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or

• such other person who constructs any building or apartment for sale to the general public.

Explanation—For the purposes of this clause, where the person who constructs or converts a building into apartments or develops a plot for sale and the persons who sells apartments or plots are different persons, both of them shall be deemed to be the promoters and shall be jointly liable as such for the functions and responsibilities

Real Estate Project: Section 2 (zn) states “real estate project” means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartment, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, all improvements and structures thereon, and all easement, rights, and appurtenances belonging thereto.

The process before applying for RERA registration to be followed by the promoter(s) and co-promoter(s) of a project in this regard:-

1. Approval of Board of Directors in a duly conveyed meeting to authorize its Director(s)/KMP(s)/Official(s) for following:

1. To open a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose pursuant to the provisions of Sec. 4 (2) (l) (D) of Real Estate (Regulation and Development) Act, 2016. (ANNEXURE-I)
2. To file the RERA registration of the project with regulatory authority.
3. To approve the draft of following documents to be executed with customer/buyer: (ANNEXURE-II)]

• Allotment Letter,
• Agreement to Sale (prescribed format in Form-G), and
• Conveyance/ Sale Deed

2. Obtaining the title search report of the land on which the real estate project is proposed (ANNEXURE-III)

3. Obtaining various approvals/sanctions/NOCs/licenses from the local body and state government (as the case may be) such as:

1. OC from Fire Department
2. NOC for Height from Airport Authority of India (“AAI”)
3. Environment Clearance from Rajasthan State Pollution Control Board (“RSPCB”)
4. NOC from National Highway Authority of India (“NHAI”)
5. Design and structural approval from National Building Code (NBC-2205)
6. Approval from National Authority Disaster Management Authority (“NDMA”)
7. Any other approval as may be necessary and expedient as per the basis of nature of land and type of its development (Group Housing Project/Township, Plotted Development, Commercial or Mixed Development)

4. Preparing checklist forming part of Form-A: (ANNEXURE-IV)

5. Documents of the promoter entity:

• Certificate of Incorporation/Registration
• PAN of the Promoter
• LLP Agreement(s) of the LLP /Memorandum of Association (“MOA”) and Articles of Association (“AOA”) of the Company
• Cancelled Cheque of Bank A/c
• Land Title Papers / Chain Documents
• List of Projects Completed in Last 5 years
• List of Agency/ Contractors/ Subcontractors taking up external development works
• Registration Fee (Online/ Cheque/ RTGS/ NEFT)

6. Documents related to the Promoter/Developer in the context of project:

• PAN of the Promoter
• Audited Balance Sheet of preceding financial year
• Legal title deed reflecting the title of the promoter of the land on which the real estate project is proposed to be developed along with legally valid documents for chain of title with authentication of such title.
• Documents of Loans/ Encumbrances/ Lien/ Mortgage, if any.
• Development Agreement / Power of Attorney, etc.
• Documents of Approvals and Commencement Certificate from Competent Authority
• Approved Maps, Layout, etc.
• Facilities Proposed:
  1. Fire Fighting Facility
  2. Drinking Water Facility (wherever applicable)

• Emergency Evacuation Services

1. Use of Renewable Energy

• Demarcation with Longitude and Latitude (NOC from the Airport Authority of India)
• Proforma to be executed with allottees:

1. Allotment Letter
2. Agreement to Sale

• Conveyance / Sale Deed
• Carpet Area (Excluding Common Areas)
• List of No. of Garage for Sale in project
• List of No. of Parking Areas

1. Open,
2. Basement,
3. Stilt,
4. Mechanical

• List of Real Estate Agents for proposed projects
• List of Contractors / Architect / Engineers and other persons involved in Construction
• a Declaration in Form – B

Procedural requirements for obtaining RERA Registration:

1. Preparation of a checklist and collection of documents relevant to application.
2. Obtaining bank account number opened with compliance to the Sec. 4 (2) (l) (D) of RERA Act from a scheduled bank.
3. Form-A: Application for registration of project pursuant to Section 4 of Real Estate (Regulation and Development) Act, 2016 (ANNEXURE-IV)
4. Form-B: Declaration pursuant to Section 4 (2) (C) of Real Estate (Regulation and Development) Act, 2016 read with Rule 3 (4) of Rajasthan RERA Rules, 2017 (ANNEXURE-V)
5. Form-G: Draft agreement to sale and allotment letter accordingly.
6. Submitting an affidavit certifying that the draft agreement to sale (Form-G) is not inconsistent or contrary to the provisions of Real Estate (Regulation and Development) Act, 2016 and Rajasthan RERA Rules, 2017. (ANNEXURE-VI)
7. Submitting another affidavit certifying that no booking amount is being taken from the prospective customers pursuant to the provisions of Section 3 of Real Estate (Regulation and Development) Act, 2016 and Rajasthan RERA Rules, 2017. (ANNEXURE-VII)
8. Payment of applicable fees as prescribed under Rule 3 (3) of Rajasthan RERA Rules, 2017.
   • Enclosing the duly signed hard copy of online submitted project summary and web-based project profile along with the payment challan
9. Dispatching a physical hard copy of all above documents (including annexures) in original or true copy (as the case may be) duly signed, either by hand or through registered post to RERA authority office of competent jurisdiction after the application submitted on official website as provided under sub-section (3) of section 4 of Real Estate (Regulation and Development) Act, 2016.
10. Form-C: Obtaining registration certificate of project granted under Section 5 of the Real Estate (Regulation and Development) Act, 2016.

ANNEXURE-I

CERTIFIED TRUE COPY OF THE EXTRACT OF THE BOARD RESOLUTION OF MEETING (S. NO. / <YEAR>) OF THE BOARD OF DIRECTORS OF XYZ PRIVATE LIMITED HELD AT THE REGISTERED OFFICE OF THE COMPANY SITUATED AT <ADDRESS> AS ON <DAY>, <DATE> AT <TIME>

Item No.#

To open a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose pursuant to the provisions of Sec. 4 (2) (l) (D) of Real Estate (Regulation and Development) Act, 2016

“RESOLVED THAT

1. The Company do open a banking account in the name and style of _________________ PRIVATE LIMITED – <PROJECT NAME> – RERA A/c with ABCD Bank Ltd. (“the Bank”) at its branch located at ___________, _________, Rajasthan and further severally authorized X (DIN: ____________) as Whole-time Director of the company (or) Mr. Y (DIN:_______) as Director of the company to seal, sign, execute and deliver necessary application forms and other documents therefore and do all acts and deeds as may required by ABCD Bank in connection with opening / activating the account and that the company do accept the terms and conditions applicable for such banking account as may be contained in the Application Forms and displayed on the website www.abcdbank.com (“Website”) or any other terms and conditions as may be notified by ABCD Bank from time to time in connection with the provision of products and services offered in respect of the such banking account.
2. ABCD Bank be instructed to accept and credit to the Account all moneys deposited with or collect and credit into the Account all cheques that are deposited and notes, bills, other negotiable instruments, orders or receipts in the name of the company that are endorsed/signed/issued by X (DIN: ____________) as Whole-time Director of the company (or) Mr. Y (DIN:______________) as Director of the company for the time being, SEVERALLY on behalf of the company.
3. ABCD Bank be instructed to honour all cheques, promissory notes, and other instruments drawn by and all bills accepted on behalf of the company up to the Limit of UNLIMITED per instrument/bill, so long as the Account being in credit balance or within the overdraft limit, where overdraft facility is provided by ABCD Bank in respect of the Account, and are endorsed/signed/issued by Mr. X (DIN: __________) as Whole-time Director (or) Mr. Y (DIN:____________) as Director on behalf of the company and such signature(s) shall be sufficient authority to bind the director (“COMPANY”) in all transactions between the Company and the ABCD Bank including those specifically referred to herein AND ABCD Bank further be instructed to honour all tax payments made through internet banking for and on behalf of the company upto a limit of Rs. ___NIL____ up to any number of transactions, per day, so long as the account being in credit balance or within the overdraft facility is provided by ABCD Bank in respect of the account by __N.A.___ as __N.A.___ (“Director” / “Authorized Signatory” / “User” / “Approver” of the Company for the time being, singly) on behalf of the Company and such approval shall be sufficient authority to bind the director (“COMPANY”) in all such transactions between the Company and the ABCD Bank including those specifically referred herein.
4. The company do also operate the Account through the mode of Phone Banking, Internet Banking, Email Banking, fax mode, mobile banking, Debit Card, ATM Card offered by ABCD Bank for operation of the Account from time to time and the following Officials are authorized to operate the Account under different Limits in the manner set out below,

Corporate Internet Banking (CIB):

Name of the Official (User)	Limit (Rs.) From-To	To be approved by Official (approver should be a user in CIB)
–	–	–	–
–	–	–	–

1 Option

Phone Banking, Email Banking:

S. No.	Name of the official (user)	Limits
–	–	–
–	–	–

ATM Card, Debit Card:

S. No.	Name of the Official (user)
–	–

and the aforesaid authorized Officials be and are hereby authorized to complete the relevant formalities as may be stipulated by ABCD Bank Mr. X (DIN: _________) as Whole-time Director (or) Mr. Y as Director is severally authorized to act as interface between the authorized Officials and ABCD Bank in completing the formalities including collecting the applications and other documents from authorized Officials, submit the same to ABCD Bank and collect the Login ID and Password(s) / Debit Cards / ATM Cards, as the case may be, from ABCD Bank and deliver the same to the respective authorized Officials.

1. The company do opt for SMS alert service offered by ABCD Bank in respect of debits / credits of amounts exceeding ________/- (Rupees ___________ Only) in respect of the account and register the Mobile No. +91-xxxx-xxxxx for that purpose, with the understanding that the company, on behalf of company is responsible for maintaining safety and confidentiality of SMSs sent to that Mobile number under all circumstances and with further understanding that SMS sent is merely an Alert Mechanism from ABCD Bank and is not part of Banker – Customer communication for accuracy and the SMS alert service may be withdrawn by ABCD Bank without any prior intimation and without assigning any reason.
2. Notwithstanding the mode of operation and authorization given above, the Director/ Managing Director/ Executive Director/ Finance Director of the Company are severally authorised to additionally authorize such other Official(s) to operate the Account in any of the modes indicated in Item (4) above/ evaluate and decide on adopting any other mode of operation of the Account either in addition to or in substitution of, like (but not limited to) opting for Cash Management Service (CMS) in various modes as may be offered on such terms and conditions by ABCD Bank from time to time and details of every such additional authorization / adoption of mode of operation shall be placed before the next following Meeting of Board of Directors for information.
3. The Company do avail and the Director/ Managing Director / Executive Director / Finance Director are severally authorized to avail from ABCD Bank facilities in the normal course of business in the form of Overdraft, Cash credit, Demand Loan, Bill purchase / discount, Letters of Credit, Letter of Undertaking (Buyers Credit), Bank Guarantee and such other Fund based / non-Fund based Facility(ies) as may be offered by ABCD Bank from time to time up to the Limit of Rs. —A.— in aggregate / individually (delete inapplicable), secured / backed by 100% Fixed Deposit with ABCD Bank generated from the amount standing in the Account, on such terms and on such conditions as may be stipulated by ABCD Bank and any two Shri —.N.A.—, Shri. —.N.A.—, Shri —N.A.— and Shri —N.A.— are severally (delete inapplicable) authorised to negotiate, finalise, settle, execute and deliver with / to ABCD Bank such Documents as may be required by ABCD Bank and complete all formalities for creating Fixed Deposit out of the Account and creating security thereon in favour of ABCD Bank in the manner required by them for availing the Facility(ies).
4. The company do authorize the Director/ Managing Director/ Executive Director/ Finance Director of the company severally to open one or more current account(s), fixed deposit accounts in future, based on their assessment of the business requirement of the company in any location within the Country, either in the name of the said company or in the name of any Division / Unit of the Company, as may be necessary, and authorize such Official(s) to complete the formalities of opening such current account(s), fixed deposit accounts and authorize such set of Official(s) in such combination as to initiator / approver (where required) for operation of such current account(s) besides exercising all the powers set out in this Resolution in respect of such current account(s) opened including raising facilities as stipulated in Clause (7) above up to the Limit set therein and details of every such current account opened with scope of operation and raising of facilities shall be placed before the next following Meeting of Board of Directors for information.
5. The company do convey to ABCD Bank that the transactions done under the mode of operations adopted by the company in respect of the current account(s) are binding on the Company notwithstanding any fraud, negligence, allowing unauthorized use, failure to maintain confidentiality of Login ID and / or Password or default on the part of the authorized Official(s) in the operation of the Account and the Company agrees to hold ABCD Bank harmless and its interest protected on execution of every transaction and shall not hold ABCD Bank liable for any such unauthorized or fraudulent transactions.
6. Copies of the foregoing Resolutions certified to be true copies by the Chairman/ director/ Managing Director/ Secretary of the Company be furnished to ABCD Bank and it be requested to act”.

RESOLVED FURTHER THAT the aforesaid authority shall be valid and effective (or) shall be exercised by Mr. X (DIN: ____________) as Whole-time Director (or) Mr. Y (DIN:______________) as Director so long as they are associated with the company or intimated otherwise.”

“RESOLVED FURTHER THAT a certified copy of the foregoing board resolution be provided to the parties concerned and interested in the matter(s) as stated above by anyone of the directors or company secretary of the Company.”

CERTIFIED TO BE TRUE

BY THE ORDER OF THE BOARD

For XYZ Private Limited

Sd/-                                     Sd/-

Name: X                              Name: Y

Whole-time Director           Director

DIN:                                     DIN:

Address:                              Address:

Date:

Place:

ANNEXURE-II

CERTIFIED TRUE COPY OF THE EXTRACT OF THE BOARD RESOLUTION OF MEETING (S. NO. / <YEAR>) OF THE BOARD OF DIRECTORS OF XYZ PRIVATE LIMITED HELD AT THE REGISTERED OFFICE OF THE COMPANY SITUATED AT <ADDRESS> AS ON <DAY>, <DATE> AT <TIME>

Item No.#

Approval for authorizing directors/ signatories for issuing allotment letter, executing agreement to sale, sale deed and obtaining other applicable approvals and facilities for its project named “__________” at __________, Rajasthan:

“RESOLVED THAT the consent of board of directors of ___________ Private Limited (hereinafter referred as “the Company” or “the Promoter” or “the developer”) be and hereby is given in accordance with the terms and conditions of the Development Agreement and Power of Attorney executed between _______________(hereinafter referred as “the Land Owner”) and the Company dated __________, 2017 and registered with sub-registrar dated ___________, 2018 to severally authorize following person(s):

• X (DIN: _____________) as Whole-time Director, and
• Y (DIN: _____________) as Director

of the Company to do the following acts for and on behalf of the Company and the Company shall ratify the same in respect of project “_____________” situated at Plot No. ________ at Khasra No. _______________________, Village: ___________, Tehsil: __________, __________, Rajasthan:

1. To seal, sign and execute Form-A (application for registration of project), Form-B (declaration cum affidavit), Form-G (draft agreement to sale), applications, affidavits, forms, annexures, schedules, maps and any other applicable document(s) as may be necessary and expedient for the purpose of registration (or) furnishing/ updating the further approvals, certifications, other documents, if any, as have been specified by the rules and regulations made under Real Estate (Regulation & Development) Act, 2016 (“the Act”) and other applicable laws, as may be amended (or) modified (or) notified from time to time.
2. To seal, sign and submit authenticated copy of title search report, encumbrance details, allotment letter, agreement to sale (“ATS”), sale deeds, memorandum of understanding (“MOU”), demand letter, permission to mortgage, tripartite agreement (or) any other necessary and ancillary document(s) and also to provide documents to banks (or) financial institutions for loan facility as or when availed by any of the customer(s)/client(s) for the said affordable group housing project named “________________” situated at Plot No. _____________ at Khasra No. _________________, Village: ____________, Tehsil: __________, ___________, Rajasthan.
3. To make requisite payments and submit any other applications, affidavits, forms, annexures, schedules, estimated cost details, maps, drawings, specifications and applicable document(s) to the RERA Authority.
4. To evaluate, negotiate and appoint various consultants such as contractor, architect, structural engineer, landscaping consultant, plumbing and electrical consultants, etc. for the aforesaid project.
5. To apply, submit, obtain, amend or modify (as the case may be), the consent, approvals, licenses, permission, certifications or No Object Certificates (NOCs) from various departments such as Fire, Airport Authority of India (AAI), Environment Clearance (RSPCB), National Highway (NHAI), Railway, Soil Test, Water Ground Level, Electricity (RSEB/JVVNL), etc.
6. To submit any other papers or documents as may be necessary and expedient for the purpose of registration and updating of Rajasthan RERA website rera-rajasthan.gov.in with the further approvals, consent, permission, certification, maps, development and progress reports, etc. (if any) as specified under the rules and regulations made under Real Estate (Regulation & Development) Act, 2016 as may be amended (or) modified (or) notified from time to time.
7. To authorize, delegate powers and give effect to any subsequent changes, amendment (or) modifications in any other applicable laws, as may be amended (or) modified (or) notified from time to time, for and on behalf of the Company and the Company shall ratify the same in respect of its aforesaid project.
8. Further, to do all such acts, deeds, matters and things as may be considered necessary, proper (or) expedient, in order to deal with the various central government, state government, semi-government, local development authorities, UIT/ Nagar Nigam, municipal corporation, private (or) public sector corporate organization/s for;

Utility Facilities such as:

• Electricity: Rajasthan State Electricity Board (RSEB), Jaipur Vidhyut Vitran Nigam Ltd. (JVVNL), their engineers and officials, etc. for obtaining electricity connection/s, etc.

• Water: Water Board for water connection/s, Public Health Engineering Department (PHED), etc.

• Environment Clearance (as applicable, if any): Rajasthan State Pollution Control Board (RSPCB).

• Internet & Telephone Services: BSNL, Airtel, Reliance, Vodafone, Idea, Tata Docomo, and other IT service providers for obtaining telephone, internet, broadband lease line(s), Primary Rate Interface (“PRI”) services, Integrated Services Digital Network (“ISDN”), Virtual Private Network (“VPN”) line(s), Wi-Fi, cable connection/s, etc.

• Gas: LPG Connection/s for domestic purpose.

• Sewerage connection/s, Drainage system, septic tank/s, etc.

• Security system/s, Fire Systems/extinguishers, etc.”

“RESOLVED FURTHER THAT the consent of board of directors be and is hereby accorded that the aforesaid documents such as agreement to sale/ sale deed/ allotment letter/ demand letter/ permission to mortgage/ tripartite Agreement or any other necessary paper as signed and executed by the authorized signatories mentioned herein shall be represented severally by anyone of the following as an authorized representative of the Company:-

• Q (Aadhar: xxxx-xxxx-xxxx) designated as ________________, or
• R (Aadhar: xxxx-xxxx-xxxx) designated as _______________

specifically and only to get the agreement to sale/ sale deed registered with sub-registrar of competent jurisdiction in respect of flats/ units constructed/ to be constructed in the project named _________________.”

“RESOLVED FURTHER THAT the aforesaid authority shall be valid and effective or shall be exercised by the said officials so long they are associated with the Company or intimated otherwise.”

“RESOLVED FURTHER THAT a certified copy of the foregoing board resolution be provided to the parties concerned and interested in the matter(s) as stated above by anyone of the directors or company secretary of the Company.”

CERTIFIED TO BE TRUE

BY THE ORDER OF THE BOARD

Specimen signatures of Mr. Q: ……………………………………..

Specimen signatures of Mr. R: …………………………………….

For XYZ Private Limited

Sd/-                                     Sd/-

Name: X                          Name: Y

Whole-time Director           Director

DIN:                                 DIN:

Address:                              Address:

Date:

Place:

ANNEXURE-III

Ref. No.:_________                                                                              Date:

TITLE SEARCH REPORT

Subject: Title report for the Converted Colony for Residential use, property situated at Khasra No. ____________ Total Area ____________ Hectares or Sq. Mtrs., Village: ______________, Tehsil and District: __________, Rajasthan India on the name of Mr. ______________ S/o Mr. __________________, Caste: ____________, resident of Village: _____________Tehsil _______________District: _____________, Rajasthan, India.

1.	Name of the Mortgagor/Constitution
2.	Full address of the Mortgagor/Constitution
3.	Name of the applicant and constitution (In case different from the mortgagor)
4.	Full address if the applicant (In case of different from the mortgagor )
5.	Type of Property

6. Detailed description of the Property;

Khata No.
Plot No. / S. No. / G. No. / Khasra No.
Extent of property
Area
Locality / Landmark
Village / Town/ City
Tehsil
District
State
PIN
Date of conversion order passed
Signing Authority

7. Complete details of the documents scrutinized by the advocate;

S. No.	Date of Document	Document No.(if any)	Nature of Document	Original / Copy

8.	a. In case of Housing Co-operative Societies, whether NOC from Society is available.
	b. If in builders possession, whether NOC from builder is available
9.	Whether the property is mutated in the name of the person creating mortgage
10.	Whether the property has been notified for acquisition by the Government authorities:
11.	Whether up to date paid land revenue/municipal tax receipts have been verified and it is ensured that there are no arrears of land revenue/Municipal taxes, as the case may be, over the property
12.	Whether the possession of the property offered as security is in unhindered possession of the mortgagor and the period for which he/she is in such possession
13.	In case of Partition/Settlement deeds whether the original thereof is available for deposit
14.	In case of partition deeds, whether the same is registered under the law for time being in force
15.	Whether the local laws or any other law restricts the creation of the mortgage/sale of the property to be mortgaged to the Bank
16.	Whether the occupancy right is inheritable and assignable
17.	Whether any restrictive condition is required to be mentioned in the mortgage deed
18.	Whether the Property is enforceable under SARFAESI Act, 2002.
19.	Flow of title of the property (___ years/ ___ years), should contain how the party acquired the title, details of parent / link documents, etc. This is to certify that a search has been conducted by me in the office of Sub- Registrar, ___________ for a period of last ______ years from ________ to _______ of the Property, Inspection Receipt No. _____________ dated ___________. The details and description of the property as mentioned above Point No. 6, and documents mentioned above point no. 7. The aforesaid property at present belonging to Mr./Mrs. ____________________ S/o or D/o Mr. ____________, Caste: __________, resident of Village ___________,Tehsil: ____________, District:____________, PIN: _______ Rajasthan India and the above land is free from all sorts of the encumbrances, charges, liabilities of any kind whatsoever and title of the owner to the said property is clear, free marketable and channel of title is complete. I certify that the said immovable property as far as I have been able to ascertain is not subject to any attachment or any process of the court nor the same is the subject matter of any litigation pending before any court. I, confirm that the said property has not been notified or any acquisition by neither the concerned authorities nor it comes within any Ceiling Laws. I have also seen the Original Jamabandi of Tehsil Office concerned to verify the title rights and possession of the concerned farmer over the land and found it correct and in order. Thus, the applicant has got good, clear, absolute owner and marketable title of the property. I have also perused the record of Sub-Registrar _____________ and verified that the above land can be mortgaged in favour of ___________Bank Ltd.
20.	Physical search conducted
	Sub-Registrar	For period	Copy of search report enclosed		Copy of receipt of fee paid enclosed
21.	Also, Online Search Conducted
22.	Nature of Title: Free Hold/ Lease Hold/ Full Ownership Right/ Occupancy / Possessory right or any other tenure
23.	If the property is leasehold property
	a. Whether lease deed has been registered as required under the law
	b. Residual period of lease
	c. Whether there are any prejudicial clauses or restrictive covenants in the lease deed which is likely to affect the leasehold interests offered as security
	d. Whether the consent/permission from the lessor is required to mortgage the property. If yes, whether the permission/consent has been obtained.
	e. Whether the property is granted under Government grant or any other grant. If Yes please specify if any permission is obtained.
	f. Whether any adverse conditions in the grant. If yes, mention in detail
24.	Encumbrances & Litigations pending ( If Yes mention in detail )
25.	Whether minor interest is involved? If yes, explain steps to be taken for creating effective mortgage and safeguard the Bank Interest.
26.	Whether the landholding of the title holder affected by land ceiling legislation in force. If yes remedial measures to safeguard the Bank interest.
27.	Opinion on Type of mortgage to be created
28.	Complete details of the documents to be deposited for creation of valid mortgage: (i) (ii) (iii)
29.	I Hereby certify that the title of the said property is clear, marketable, valid and binding on the mortgagor subject to following conditions (Please specify if any or write ‘Not Applicable’). I have personally scrutinized the title of applicant to the property detailed in point No. 6 from the office of Sub Registrar ____________, records of Patwari & Tehsil office and other relevant record. I hereby state that the land measuring ___________ Hectares is absolutely owned and possessed by the applicant and property is free from all type of liens, charges, and encumbrances. I confirm that _______________Bank Ltd. (“the bank”) has sole & undisputed charge on the above property i.e. a residential property bearing details as mentioned under point 07 of this report. I have also perused the record of registrar __________ and verified that the above land has not been declared surplus under the SARFAESI Act, 2002.

Date:

Place:

XYZ

(Advocate)

ANNEXURE-IV

FORM-A

[see Rule 3(2)]

APPLICATION FOR REGISTRATION OF PROJECT

To

The Real Estate Regulatory Authority

Rajasthan, Jaipur

Sir,

I/We hereby apply for the grant of registration of my/our project to be set up at Khasra No. _______________, ____________________, Rajasthan, India.

1. The requisite particulars are as under:-

2. Status of the applicant, whether individual / company / proprietorship firm / society/trust/ limited liability partnership / competent authority: XYZ Private Limited

1. (In case of individual)                           -N.A.-

(a) Name:

(b) Father’s Name:

(c) Occupation:

(d) Permanent address:

(e) Photograph:

(f) Contact details (Phone No., e-mail, Fax No.):

Or

(In case of firm / society / trust / company / limited liability partnership/competent authority etc.)

1. Name: ___________________________
2. Address: _________________________

1. Copy of registration certificate as firm / society / trust /company /limited liability partnership / competent authority etc;

1. Main objects;

1. Contact Details (Phone No., Email, Fax No. etc.);

1. Name, photograph, and address of chairman/partner/director and authorized person etc.;

Name of the Director/Authorised Signatory
Photograph
Address

1. PAN Number of the promoter;

1. Name and address of the bank or banker with which account in terms of sub-clause (D) of clause (l) of sub-section (2) of section 4 of the Real Estate (Regulation and Development) Act, 2016 will be maintained;

Beneficiary

Name: XYZ Pvt. Ltd. <Project Name> – RERA A/c

                   Name of the Bank       :___________________

                   Account No.                : ____________________

                   IFSC                           : ____________________

                   Address :______________________________

(v)    Details of project land;

Situated
at Khasra No. _________________, Rajasthan, India

(Total Area of Land: ___________Hectares i.e _________ Sq. Mtrs)

1. Brief details of the projects launched by the promoter in the last five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending related to project land, details of type of land and payments pending etc. ___________________________;

1. Agency to take up external development works ___________ Local Authority/Self Development;

1. Registration fee by way of a demand draft/bankers cheque dated ___ drawn on _____________________ bearing number ______ for an amount of Rs._______________/- calculated as per sub-rule (3) of Rule 3 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 or through online payment as the case may be. (give details of online payment such as transaction number, date etc.);
2. Any other information the applicant may like to furnish.

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

1. Authenticated copy of the PAN card of the promoter; ___________
2. Audited balance sheet of the promoter for the preceding financial year;
3. Copy of the legal title deed reflecting the title of the promoter to the land on which the real estate project is proposed to be developed along with legally valid documents for chain of title with authentication of such title;
4. the details of encumbrances on the land on which development is proposed including any rights, title, interest or name of any party in or over such land along with details;
5. where the promoter is not the owner of the land on which development is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, duly executed, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land proposed to be developed;
6. `an authenticated copy of the approvals and commencement certificate (wherever required under local law) from the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approvals and commencement certificate (wherever required under local law) from the competent authority for each of such phases.

S. No.	Type of Approvals and Commencement Certificate	Date of Approval (DD/MM/YYYY)
1.	Lease Deed (Patta) from __________ Development Authority / UIT (as the case may be)
2.	Map Approvals from ______________ Development Authority / UIT (as the case may be)
3.	Other approvals/licenses/sanctions/NOCs/consent;

• the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority;

• the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire-fighting facilities, drinking water facilities (wherever applicable) emergency evacuation services, use of renewable energy;

1. the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project;

1. proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be executed with the allottees;

1. the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas with the apartment, if any;

• the number and areas of garage for sale in the project;
• the number of parking areas in each type of parking such as open, basement, stilt, mechanical parking etc. available in the real estate project;
• the names and addresses of his real estate agents, if any, for the proposed project;

1. the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development of the proposed project:

• a declaration in Form-B.(Note: If any of the above items is not applicable write “N.A.” against the appropriate items)

1. I/We enclose the following additional documents and information regarding ongoing projects, as required under Rule 4 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 and other provisions of the Act, rules, and regulations made thereunder, namely:-

1. I/We solemnly affirm and declare that the particulars given in herein are correct to my /our knowledge and belief.

Yours faithfully,

Signature and seal of the

applicant(s)

Date:

Place:

ANNEXURE-V

FORM-B

[see Rule 3(4)]

DECLARATION

Affidavit cum Declaration of Mr./Mrs. _____________________, Director of XYZ Private Limited (CIN: ________________) as promoter of the proposed project / duly authorized by the promoter of the proposed project vide its board resolution and authorization dated ___________:

I, __________________ (DIN: ____________) S/o Mr.__________________ aged ________ years resident of _________________________________Rajasthan, India promoter of the proposed project/ duly authorized by the promoter of the proposed project do hereby solemnly declare, undertake and state as under:

1. That I / promoter have / has a legal title to the land on which the development of the project is proposed

or

the land is owned by Mr./Mrs. ______________________________ who have/has a legal title to the land on which the development of the proposed project is to be carried out and a legally valid authentication of title of such land along with an authenticated copy of the agreement between such owner and promoter for development of the real estate project or phase thereof, as the case may be, is enclosed with application.

2. That the said land is free from all encumbrances.

Or

That details of encumbrances on such land including details of any rights, title, interest or name of any party in or over such land, along with details.

3. That the time period within which the project or phase thereof, as the case may be, shall be completed by promoter: is

Sl. No.	Name of the Phase	Date of Completion
1.	<Phase-I>

4. That seventy percent of the amounts realised by promoter for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose.

5. That the amounts from the separate account, to cover the cost of the project, shall be withdrawn in proportion to the percentage of completion of the project.

6. That the amounts from the separate account shall be withdrawn only after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project.

7. That I / promoter shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project.

8. That I /promoter shall take all the pending approvals on time, from the competent authorities.

9. That I /promoter have/has furnished such other documents as have been specified by the rules and regulations made under the Real Estate (Regulation and Development) Act, 2016.

10. That I /promoter shall not discriminate on the basis of caste, religion, region, language, sex or marital status against any allottee at the time of allotment of any apartment, plot or building, as the case may be, on any grounds.

Date:

Place:

__________

Deponent

Verification

I, _______________ (DIN: _____________) S/o Mr._________________ aged ____ years, resident of _______________________________________ Rajasthan, do hereby verify that the contents in para No. 1 to 10 of my above Affidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom.

Verified by me at ________ on this ____ day of _______.

Date:

Place:

___________

Deponent

ANNEXURE-VI

AFFIDAVIT CUM DECLARATION

Affidavit cum Declaration of Mr. ________ (DIN:________), Whole-time Director of XYZ Private Limited (CIN: ____________) as promoter of the proposed project / duly authorized by the promoter of the proposed project vide its board resolution dated ___________:

I, _____________ (DIN: ____________) S/o Mr._________________ aged _____ years resident of __________________________ Rajasthan, promoter of the proposed project/ duly authorized by the promoter of the proposed project do hereby solemnly declare, undertake and state as under:

1. That Agreement for Sale for the project named ___________ has been prepared on the basis of substance of the proforma of Agreement of Sale provided under Rajasthan Real Estate (Regulation and Development) Rules, 2017 (“Rajasthan RERA Rules”) by customizing the same as per the requirement of our project and the contractual terms offered by us to the customers, while observing the framework of Real Estate (Regulation and Development) Act, 2016 (“RERA”) and the Rajasthan Rules.
2. We undertake that such additions/amendments are not contrary to the provisions of Real Estate (Regulation and Development) Act, 2016 and Rajasthan RERA Rules, 2017.
3. That if any clause of the Agreement for Sale is found and declared to be in violation of the RERA, 2016 and Rajasthan RERA Rules, 2017, the same shall be deemed to be non-existent.

Date:

Place:

__________

Deponent

Verification

I, _______________ (DIN: _____________) S/o Mr._________________ aged ____ years, resident of _______________________________________ Rajasthan, do hereby verify that the contents in para No. 1 to 3 of my above Affidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom.

Verified by me at ________ on this ____ day of _______.

Date:

Place:

___________

Deponent

ANNEXURE-VII

AFFIDAVIT CUM DECLARATION

Affidavits cum Declaration of Mr. _____________, as Whole-time Director for and on behalf of XYZ Private Limited, duly authorized by the promoter of the proposed project vide its Board Resolution dated __________:

I,__________, son of Mr._________________, aged________years, resident of _______________________, Rajasthan, India duly authorized by the promoter of the proposed project, do hereby solemnly declare and undertake under:

1. That our project named as “_______________” is a new project and as on ______________ <date> in compliance to the provisions of Section 3 of Real Estate (Development and Regulation) Act, 2016 no booking amount has been taken from any prospective customer/applicant in the said project.

Date:

Place:

__________

Deponent

Verification

I, _______________ (DIN: _____________) S/o Mr._________________ aged ____ years, resident of _______________________________________ Rajasthan, do hereby verify that the contents in para No. 1 of my above Affidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom.

Verified by me at ________ on this ____ day of _______.

Date:

Place:

___________

Deponent

The above discussion gives the comprehensive and concise idea regarding the registration of real estate project especially in State of Rajasthan. The procedure as mentioned above consists of a corollary method which could be used while registering a real estate project for a private limited company.

The article gives a definitive idea of the standard procedure adopted by the professionals while registering a project in the State of Rajasthan and is empirical. But it is advisable to take expert advice before consummate the same.

Sources:

1. Real Estate (Regulation and Development) Act, 2016
2. Rajasthan Real Estate (Regulation and Development) Rules, 2017

References:

1. http://rera.rajasthan.gov.in/
2. https——————————————————————————————————————//maharera.mahaonline.gov.in/
3. http://statisticstimes.com/economy/sectorwise-gdp-contribution-of-india.php