The West Bengal Housing Industry Regulation Act, 2017

ASVINA 25] 	
TUESDAY, OCTOBER 17, 2017 	 [SAKA 1939 
KrIkea 6ayttt 
RIklitiq \IQ 
Extraordinary 
Published by Authority 
Registered No. WB/SC-247 	 No. WB(Part-III)/2017/SAR-51 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1189-L.-17th October, 2017.—The following Act of the West Bengal Legislature, having been assented to by 
the Governor, is hereby published for general information:— 
West Bengal Act XLI of 2017 
THE WEST BENGAL HOUSING INDUSTRY REGULATION 
ACT, 2017. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 17th October, 2017.] 
An Act to establish the Housing Industry Regulatory Authority for regulation and 
promotion of the housing sector and to ensure sale of plot, apartment or building, as 
the case may be, or sale of real estate project, in an efficient and transparent manner 
and to protect the interest of consumers in the real estate sector and to establish a 
mechanism for speedy dispute redressal and for matters connected therewith or 
incidental thereto. 
WHEREAS it is expedient to establish the Housing Industry Regulatory Authority 
for regulation and promotion of the housing sector and to ensure sale of plot, apartment 
or building, as the case may be, or sale of real estate project, in an efficient and 
transparent manner and to protect the interest of consumers in the real estate sector 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART III 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter I.— Preliminary.— Sections 1, 2.) 
and to establish a mechanism for speedy dispute redressal and for matters connected 
therewith or incidental thereto. 
It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
CHAPTER I 
PRELIMINARY 
Short title, extent 
and 
commencement. 
Definitions. 
1. (1) This Act may be called the West Bengal Housing Industry Regulation 
Act. 2017. 
(2) It extends to the whole of West Bengal. 
(3) This section shall come into force at once and the remaining sections 
shall come into force on such date or dates as the State Government may, by notification 
in the Official Gazette, appoint and different dates may be appointed for different 
sections of this Act. 
2. 	 In this Act, unless the context otherwise requires,— 
(a) "advertisement" means any document described or issued as 
advertisement through any medium and includes any notice, circular or 
other documents or publicity in any form, informing persons about a 
real estate project, or offering for sale of a plot, building or apartment or 
inviting persons to purchase in any manner such plot, building or 
apartment or to make advances or deposits for such purposes; 
(b) "agreement for sale" means an agreement entered into between the 
promoter and the allottee; 
(c) "allottee" in relation to a real estate project, means the person to whom 
a plot, apartment or building, as the case may be, has been allotted, sold 
(whether as freehold or leasehold) or otherwise transferred by the 
promoter, and includes the person who subsequently acquires the said 
allotment through sale, transfer or otherwise but does not include a person 
to whom such plot, apartment or building, as the case may be, is given 
on rent; 
(d) "apartment" whether called block, chamber, dwelling unit, flat, office, 
showroom, shop, godown, premises, suit, tenement, unit or by any other 
name, means a separate and self-contained part of any immovable 
property, including one or more rooms or enclosed spaces, located on 
one or more floors or any part thereof, in a building or a plot of land, 
used or intended to be used for any residential or commercial use such 
as residence, office, shop, showroom or go-down or for carrying on any 
business, occupation, profession or trade, or for any other type of used 
ancillary to the purpose specified; 
(e) "Appellate Tribunal" means the West Bengal Housing Industry 
Appellate Tribunal established under section 43; 
(f) "architect" means a person registered as an architect under the provisions 
of the Architects Act, 1972; 
(g) "Authority" means the Housing Industry Regulatory Authority 
established under sub-section (1) of section 20; 
(h) "building" includes any structure or erection or part of a structure or 
erection which is intended to be used for residential, commercial or for 
20 of 1972. 
• 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 3 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter 1.— Preliminary.— Section 2.) 
(the purpose of any business, occupation, profession or trade, or for any 
other related purposes; 
"car parking area" means such area as may be prescribed; 
a) "carpet area" means the net usable floor area of an apartment, excluding 
the area covered by the external walls, areas under services shafts, 
exclusive balcony or verandah area and exclusive open terrace area, but 
includes the area covered by the internal partition walls of the apartment. 
Explanation.—For the purpose of this clause, the expression "exclusive 
balcony or verandah area" means the area of the balcony or verandah, 
as the case may be, which is appurtenant to the net usable floor area of 
an apartment, meant for the exclusive use of the allottee, and "exclusive 
open terrace area" means the area of open terrace which is appurtenant 
to the net usable floor area of an apartment, meant for the exclusive use 
of the allottee; 
(k) "Chairperson" means the Chairperson of the Housing Industry 
Regulatory Authority appointed under section 21; 
(1) "commencement notice" means the commencement notice or the 
building permit or the construction permit, by whatever name called 
issued by the competent authority to allow or permit the promoter to 
begin development works on an immovable property, as per the 
sanctioned plan; 
(m) "common areas" mean— 
(i) the entire land for the real estate project or where the project is 
developed in phases and registration under this Act is sought for a 
phase, the entire land for that phase; 
(ii) the staircases, lifts, staircase and lift lobbies, fire escapes and 
common entrances and exits of buildings; 
(iii) the common basements, terraces, parks, play areas, open parking 
areas and common storage spaces; 
(iv) the premises for the lodging of persons employed for the 
management of the property including accommodation for watch 
and ward staffs or for the lodging of community service personnel; 
(v) installations of central services such as electricity, gas, water and 
sanitation, air-conditioning and incinerating, system for water 
conservation and renewable energy; 
(vi) the water tanks, sumps, motors, fans, compressors, ducts and all 
apparatus connected with installations for common use; 
(vii) all community and commercial facilities as provided in the real estate 
project; 
(viii) all other portion of the project necessary or convenient for its 
maintenance, safety, etc. and in common use; _ . 
(n) "company" means a company incorporated and registered under the 
Companies Act, 2013 and includes,— 	 18 of 2013. 
(i) a corporation established by or under any Central Act or State Act; 
(ii) a development authority or any public authority established by the 
Government in this behalf under any law for the time being in force; 
(o) "competent authority" means the local authority or any authority created 
or established under any law for the time being in force which exercises 
authority over land under its jurisdiction, and has powers to give 
permission for development of such immovable property; 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART III 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter I.— Preliminary.— Section 2.) 
(p) "completion certificate" means the completion certificate, or such other 
certificate, by whatever name called, issued by the competent authority 
certifying that the real estate project has been developed according to 
the sanctioned plan, layout plan and specifications, as approved by the 
competent authority under the local laws; 
(q) "day" means the working day, in the State notified by the State 
Government from time to time; 
(r) "development" with its grammatical variations and cognate expressions, 
means carrying out the development of immovable property, engineering 
or other operations in, on, over or under the land or the making of any 
material change in any immovable property or land and includes re-
development; 
(s) "development works" means the external development works and 
internal development works on immovable property; 
(t) "engineer" means a person who possesses a bachelor's degree or 
equivalent or Diploma from an institution recognised by the All India 
Council of Technical Education or any University or any Institution 
recognized under a law or is registered as an Engineer under any law 
for the time being in force; 
(u) "estimated cost of real estate project" means the total cost involved in 
developing the real estate project and includes the land cost, land 
development cost, taxes, cess, development and other charges; 
(v) "external development works" includes roads and road systems 
landscaping, water supply, sewerage and drainage systems, electricity 
supply transformer, sub-station, solid waste management and disposal 
or any other work which may have to be executed in the periphery of, or 
outside, a project for its benefit, as may be provided under the local 
laws; 
(w) "family" includes husband, wife, minor son and unmarried daughter 
wholly dependent on a person; 
(x) "garage" means garage and parking space as sanctioned by the Competent 
Authority; 
(y) "housing industry" means the industry which deals with development, 
construction, sale of houses and plots of land for any purpose; 
(z) "immovable property" includes land, buildings, rights of ways, lights 
or any other benefit arising out of land and things attached to the earth 
or permanently fastened to anything which is attached to the earth, but 
not standing timber, standing crops or grass; 
(za) "interest" means the rates of interest payable by the promoter or the 
allottee, as the case may be; 
Explanation. —For the purpose of this clause— 
(i) the rate of interest chargeable from the allottee by the promoter, in 
case of default, shall be equal to the rate of interest which the promoter 
shall be liable to pay the allottee, in case of default; 
(ii) the interest payable by the promoter to the allottee shall be from the 
date the promoter received the amount or any part thereof till the date 
the amount or part thereof and interest thereon is refunded, and the interest 
payable by the allottee to the promoter shall be from the date the allottee 
defaults in payment to the promoter till the date it is paid; 
(zb) "internal development works" means roads, footpaths, water supply, 
sewers, drains, parks, tree planting, street lighting, provision for 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 5 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter I.— Preliminary.— Section 2.) 
community buildings and for treatment and disposal of sewage and 
sullage water, solid waste management and disposal, water conservation, 
energy management, fire protection and fire safety requirements, social 
infrastructure such as educational health and other public amenities or 
any other work in a project for its benefit, as per sanctioned plans; 
(zc) "local authority" means the Municipal Corporation or Municipality or 
Panchayats or Industrial Township Authority or any other Local Body 
constituted under any law for the time being in force for providing 
municipal services or basic services, as the case may be, in respect of 
areas under its jurisdiction; 
(zd) "Member" means the member of the Housing Industry Regulatory 
Authority appointed under section 21 and includes the Chairperson; 
(ze) "notification" means a notification published in the Official Gazette; 
(zf) "occupancy certificate" means the occupancy certificate, or such other 
certificate by whatever name called, issued by the competent authority 
permitting occupation of any building, as provided under local laws, 
which has provision for civic infrastructure such as water, sanitation 
and electricity; 
(zg) "Person" includes,— 
(i) an individual; 
(ii) a Hindu undivided family; 
(iii) a company; 
(iv) a firm under the Indian Partnership Act, 1932 or the Limited Liability 9 of 1932. 
Partnership Act, 2008, as the case may be; 	 6 of 2009. 
(v) a competent authority; 
(vi) an association of persons or a body of individuals whether 
incorporated or not; 
(vii) a co-operative society registered under any law relating to co-
operative societies; 
(viii) any such other entity as the State Government may, by notification, 
specify in this behalf; 
(zh) "prescribed" means prescribed by rules made under this Act; 
(zi) "project" means the real estate project as defined in clause (zm); 
(zj) "promoter" means,— 
(i) 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 
(ii) 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 
(iii) any development authority or any other public body in respect of 
allottees of— 
(A) 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 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART HI 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter I.— Preliminary.— Section 2.) 
(B) 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 
(iv) 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 
(v) any other person who acts himself as a builder, colonizer, 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 
(vi) 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 specified, under this 
Act or the rules and regulations made thereunder; 
(A) "prospectus" means any document described or issued as a prospectus 
or any notice, circular, or other document offering for sale of any real 
estate project or inviting any person to make advances or deposits for 
such purposes; 
(zl) "real estate agent" means any person, who negotiates or acts on behalf 
of one person in a transaction of transfer of his plot, apartment or 
building, as the case may be, in a real estate project, by way of sale, 
with another person or transfer of plot, apartment or building, as the 
case may be, of any other person to him and receives remuneration or 
fees or any other charges for his services whether as commission or 
otherwise and includes a person who introduces, through any medium, 
prospective buyers and sellers to each other for negotiation for sale or 
purchase of plot, apartment or building, as the case may be, and includes 
property dealers, brokers, middlemen by- whatever name called; 
(zm) "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; 
(zn) "regulations" means the regulations made by the Authority under this 
Act; 
(zo) "rule" means the rules made under this Act by the State Government; 
(zp) "sanctioned plan" means the site plan, building plan, building permit, 
service plan, parking and circulation plan, landscape plan, layout plan, 
zoning plan and such other plan and includes structural designs, if 
applicable, permissions such as environment permission and such other 
permissions, which are approved by the competent authority prior to 
start of a real estate project; 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 7 
The West Bengal Housing Industry Regulation Act, 2017. 
Prior 
registration of 
real estate 
project with 
Real Estate 
Regulatory 
Authority. 
Application for 
registration of 
real estate 
projects. 
(Chapter II.— Registration of Real Estate Project and Registration of Real 
Estate Agents.— Sections 3, 4.) 
(zq) "State Government" means the State Government in the Housing 
Department; 
(zr) words and expressions used herein but not defined in this Act and defined 
in any law for the time being in force or in the municipal laws or such 
other relevant laws of the State Government shall have the same 
meanings respectively assigned to them in those laws. 
CHAPTER II 
REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF 
REAL ESTATE AGENTS 
3. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite 
persons to purchase in any manner any plot, apartment or building, as the case may be, 
in any real estate project or part of it, without registering the real estate project with 
the Housing Industry Regulatory Authority established under this Act: 
Provided that projects that are ongoing on the date of commencement of this Act 
and for which the completion certificate has not been issued, the promoter shall make 
an application to the Authority for registration of the said project within a period of 
three months from the date of commencement of this Act. 
(2) Notwithstanding anything contained in sub-section (1), no registration of 
the real estate project shall be required — 
(a) where the area of land proposed to be developed does not exceed five 
hundred square metres or the number of apartments proposed to be 
developed does not exceed eight inclusive of all phases: 
Provided that, if the State Government considers it necessary, it may 
reduce the threshold below five hundred square meters or eight 
apartments, as the case may be, inclusive of all phases, for exemption 
from registration under this Act; 
(b) where the promoter has received completion certificate for a real estate 
project prior to commencement of this Act; 
(c) for the purpose of renovation or repair or re-development which does 
not involve marketing, advertising, selling or new allotment of any 
apartment, plot or building, as the case may be, under the real estate 
project. 
Explanation. —For the purpose of this section, where the real estate project is 
to be developed in phases, every such shall be considered a stand alone real estate 
project, and the promoter shall obtain registration under this Act for each phase 
separately. 
4. (1) Every promoter shall make an application to the Authority for registration 
of the real estate project in such form, manner, within such time and accompanied by 
such fee as may be specified by the regulations made by the Authority. 
(2) The promoter shall enclose the following documents along with the 
application referred to in sub-section (1), namely:— 
(a) a brief details of his enterprise including its name, registered address, 
type of enterprise (proprietorship, societies, partnership, companies, 
competent authority) and the particulars of registration and the names 
and photographs of the promoter; 
(b) a brief detail of the projects launched by him, in the past 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, details of type of land and 
payments pending;.  
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART III 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter II.— Registration of Real Estate Project and Registration of Real 
Estate Agents.— Section 4.) 
(c) an authenticated copy of the approvals and commencement certificate 
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 from 
the competent authority for each of such phases; 
(d) 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; 
(e) 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, emergency evacuation services, use 
of renewable energy; 
(f) 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; 
(g) proforma of the allotment letter, agreement for sale and the conveyance 
deed proposed to be signed with the allottees; 
(h) 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 apartment with the apartment, if 
any; 
(i) the number and areas of garage for sale in the project; 
(j) the names and addresses of his real estate agents, if any, for the proposed 
project; 
(k) the names and addresses of the contractors, architect, structural engineer, 
if any, and other persons concerned with the development of the proposed 
project; 
(1) a declaration, supported by an affidavit, which shall be signed by the 
promoter or any person authorised by the promoter, stating:— 
(A) that he has a legal title to the land on which the development is 
proposed along with legally valid documents with authentication of 
such title, if such land is owned by another person; 
(B) that the land is free from all encumbrances, or as the case may be, 
details of the encumbrances on such land including any rights, title, 
interest or name of any party in or over such land along with details; 
(C) the time period within which he undertakes to complete the project 
or phase thereof, as the case may be; 
(D) that seventy per cent, of the amounts realised for the real estate project 
from the allottees, from time to time, shall be deposited in a separate 
account to be maintained in a scheduled Bank to cover the cost of 
construction and the land cost and shall be used only for that purpose: 
Provided that the gromoter shall withdraw the amounts from the 
separate account, to cover the cost of the project, in proportion to the 
percentage of completion of the project: 
Provided further that the amounts from the separate account shall 
be withdrawn by the promoter after it is certified by an engineer, an 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 9 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter II.— Registration of Real Estate Project and Registration of Real 
Estate Agents.— Sections 5, 6.) 
architect and .a chartered accountant in practice that the withdrawal is 
in proportion to the percentage of completion of the project: 
Provided also that the promoter shall get his 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; 
Explanation.— For the purpose of this clause, the term "schedule bank" 
means a bank included in the Second Schedule to the Reserve Bank of 
India Act, 1934; 
(E) that he shall take all the pending approvals on time, from the 
competent authorities; 
(F) that he has furnished such other documents as may be prescribed 
by the rules or regulations made under this Act; and 
(m) such other information and documents as may be prescribed. 
(3) The Authority shall operationalise a web based online system for 
submitting applications for registration of projects within a period of one year from 
the date of its establishment. 
2 of 1934. 
Grant of 
registration. 
Extension of 
registration. 
5. (1) On receipt of the application under sub-section (1) of section 4, the Authority 
shall within a period of thirty days, — 
(a) grant registration subject to the provisions of this Act and the rules and 
regulations made thereunder, and provide a registration number, including 
a Login ID and password to the applicant for accessing the website of the 
Authority and to create his web page and to fill therein the details of the 
proposed project; or 
(b) reject the application for reasons to be recorded in writing, if such 
application does not conform to the provisions of this Act or the rules or 
regulations made thereunder: 
Provided that no application shall be rejected unless the applicant has 
been given an opportunity of being heard in the matter. 
(2) If the Authority fails to grant the registration or reject the application, as 
the case may be, as provided under sub-section (1), the project shall be deemed to 
have been registered, and the Authority shall within a period of seven days of the 
expiry of the said period of thirty days specified under sub-section (1), provide a 
registration number and a Login Id and password to the promoter for accessing the 
website of the Authority and to create his web page and to fill therein the details of the 
proposed project. 
(3) The registration granted under this section shall be valid for a period 
declared by the promoter under section 4 for completion of the project or phase thereof, 
as the case may be. 
6. The registration granted under section 5 may be extended by the Authority on 
an application made by the promoter due to force majeure, in such form and on 
payment of such fee as may be specified by regulations made by the Authority: 
Provided that the Authority may in reasonable circumstances, without default 
on the part of the promoter, based on the facts of each case, and for reasons to be 
recorded in writing, extend the registration granted to a project for such time as it 
considers necessary, which shall, in aggregate, not exceed a period of one year: 
10 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART III 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter II.— Registration of Real Estate Project and Registration of Real 
Estate Agents.— Section 7.) 
Revocation of 
registration. 
Provided further that no application for extension of registration shall be rejected 
unless the applicant has been given an opportunity of being heard in the matter. 
Explanation.— For the purpose of this section, the expression 'force majeure" 
shall mean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity 
caused by nature affecting the regular development of the real estate project or any 
other circumstances as may be prescribed. 
7. (1) The Authority may on receipt of a complaint or suomotu in this behalf 
or on the recommendation of the competent authority, revoke the registration granted 
under section 5, after being satisfied that— 
(a) the promoter makes default in doing anything required by or under 
this Act or the rules or the regulations made thereunder; 
(b) the promoter violates any of the terms or conditions of the approval 
given by the competent authority; 
(c) the promoter is involved in any kind of unfair practice or irregularities. 
Explanation.— For the purposes of this clause, the term "unfair practice" means 
a practice which, for the purpose of promoting the sale or development of any real 
estate project, adopts any unfair method or unfair or deceptive practice including any 
of the following practices, namely:— 
(A) the practice of making any statement, whether in writing or by visible 
representation which,— 
(i) falsely represents that the services are of a particular standard or 
grade; 
(ii) represents that the promoter has approval or affiliation which such 
promoter does not have; 
(iii) makes a false or misleading representation concerning the services; 
(B) the promoter permits the publication of any advertisement or 
prospectus whether in any newspaper or otherwise of services that 
are not intended to be offered; 
(C) the promoter indulges in any fraudulent practices. 
(2) The registration granted to the promoter under section 5 shall not be revoked 
unless the Authority has given to the promoter not less than thirty days' notice, in 
writing, stating the grounds on which it is proposed to revoke the registration, and has 
considered any cause shown by the promoter within the period of that notice against 
the proposed revocation. 
(3) The Authority may instead of revoking the registration under sub-section 
(1), permit it to remain in force subject to such further terms and conditions as it thinks 
fit to impose in the interest of the allottees, and any such terms and conditions so 
imposed shall be binding upon the promoter. 
(4) The Authority, upon the revocation of the registration, 
(a) shall debar the promoter from accessing its website in relation to that 
project and specify his name in the list of defaulters and display his 
photograph on its website and also inform the other Real Estate 
Regulatory Authority in other States and Union territories about such 
revocation or registration; 
(b) shall facilitate the remaining development works to be carried out in 
accordance with the provisions of section 8; 
(c) shall direct the bank holding the project bank account to freeze the 
account, and thereafter take such further necessary actions, including 
consequent de-freezing of the said account, towards facilitating the 
remaining development works in accordance with the provisions of 
section 8; 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 11 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter II.— Registration of Real Estate Project and Registration of Real 
Estate Agents. 	 Sections 8, 9.) 
Obligation of 
Authority 
consequent upon 
lapse of or on 
revocation of 
registration. 
Registration of 
real estate agents. 
(d) may, to protect the interest of allottees or in the public interest, issue 
such directions as it may deem necessary. 
8. Upon lapse of the registration or on revocation of the registration under this 
Act, the Authority, may consult the State Government to take such action as it may 
deem fit including the carrying out of the remaining development works by competent 
authority or by the association of allottees or in any other manner, as may be determined 
by the Authority: 
Provided that no direction, decision or order of the Authority under this section 
shall take effect until the expiry of the period of appeal provided under the provisions 
of this Act: 
Provided further that in case of revocation of registration of a project under this 
Act, the association of allottees shall have the first right of refusal for carrying out of 
the remaining development works. 
9. (1) No real estate agent shall facilitate the sale or purchase of or act on behalf 
of any person to facilitate the sale or purchase of any plot, apartment or building, as the 
case may be, in a real estate project or part of it, being the part of the real estate project 
registered under section 3, without obtaining registration under this section. 
(2) Every real estate agent shall make an application to the Authority for 
registration in such form, manner, within such time and accompanied by such fee and 
documents as may be prescribed. 
(3) The Authority shall, within such period, in such manner and upon satisfying 
itself of the fulfilment of such conditions, as may be prescribed— 
(a) grant a single registration to the real estate agent for the entire State, 
as the case may be; 
(b) reject the application for reasons to be recorded in writing, if such 
application does not conform to the provisions of this Act or the rules 
or regulations made thereunder: 
Provided that no application shall be rejected unless the applicant has been 
given an opportunity of being heard in the matter. 
(4) Whereon the completion of the period specified under sub-section (3), if 
the applicant does not receive any communication about the deficiencies in his 
application or the rejection of his application, he shall be deemed to have been registered. 
(5) Every real estate agent who is registered as per the provisions of this Act or 
the rules and regulations made thereunder, shall be granted a registration number by 
the Authority, which shall be quoted by the real estate agent in every sale facilitated by 
him under this Act. 
(6) Every registration shall be valid for such period as may be prescribed, and 
shall be renewable for a period in such manner and on payment of such fee as may be 
prescribed. 
(7) Where any real estate agent who has been granted registration under this 
Act commits breach of any of the conditions thereof or any other terms and conditions 
specified under this Act or any rules or regulations made thereunder, or where the 
Authority is satisfied that such registration has been secured by the real estate agent 
through misrepresentation or fraud, the Authority may, without prejudice to any other 
provisions under this Act, revoke the registration or suspend the same for such period 
as it thinks fit: 
Provided that no such revocation or suspension shall be made by the Authority 
unless an opportunity of being heard has been given to the real estate agent. 
12 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART III 
The West Bengal Housing Industry Regulation Act, 2017. 
Functions of real 
estate agents. 
(Chapter II. 	 Registration of Real Estate Project and Registration of Real Estate Agents.— 
Section 10.— Chapter 	 Functions and Duties of Promoter.— Section 11.) 
10. Every real estate agent registered under section 9 shall— 
(a) not facilitate the sale or purchase of any plot, apartment or building, 
as the case may be, in a real estate project or part of it, which is not 
registered with the Authority; 
(b) maintain and preserve such books of account, records and documents 
as may prescribed; 
(c) not involve himself in any unfair trade practices, namely:— 
(i) the practice of making any statement, whether orally or in writing 
or by visible representation which— 
(A) falsely represents that the services are of a particular standard 
or grade; 
(B) represents that the promoter or himself has approval or affilia-
tion which such promoter or himself does not have; 
(C) makes a false or misleading representation concerning the ser-
vices; 
(ii) permitting the publication of any advertisement whether in any news-
paper or otherwise of services that are not intended to be offered; 
(d) facilitate the possession of all the information and documents, as the 
allottee, is entitled to at the time of booking of any plot, apartment or 
building, as the case may be; 
(e) discharge such other functions as may be prescribed. 
CHAPTER III 
Functions and 
duties of 
promoter. 
FUNCTIONS AND DUTIES OF PROMOTER 
11. (1) The promoter shall, upon receiving his Login Id and password under clause 
(a) of sub-section (1) or under sub-section (2) of section 5, as the case may be, create 
his web page on the website of the Authority and enter all details of the proposed 
project as provided under section 4, in all the fields as provided, for public viewing, 
including— 
(a) details of the registration granted by the Authority; 
(b) quarterly up-to-date list of number and types of apartments or plots, 
as the case may be, booked; 
(c) quarterly up-to-date list of number of garages booked; 
(d) quarterly up-to-date list of approvals taken and the approvals which 
are pending subsequent to commencement certificate; 
(e) quarterly up-to-date status of the project; and 
(f) such other information and documents as may be specified by the 
regulations made by the Authority. 
(2) The advertisement or prospectus issued or published by the promoter shall 
mention prominently the website address of the Authority, wherein all details of the 
registered project have been entered and include the registration number obtained from 
the Authority and such other matters incidental thereto. 
(3) The promoter at the time of the booking and issue of allotment letter shall 
be responsible to make available to the allottee, the following information, namely: 
(a) sanctioned plans, layout plans along with specifications approved by 
the competent authority, by display at the site or such other place as 
may be specified by the regulations made by the Authority; 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 13 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter 	 Functions and Duties of Promoter.— Section 11.) 
(b) the stage wise time schedule of completion of the project, including 
the provisions for civic infrastructure like water, sanitation and 
electricity. 
(4) The promoter shall— 
(a) be responsible for all obligations, responsibilities and functions under 
the provisions of this Act or the rules and regulations made thereunder 
or to the allottees as per the agreement for sale, or to the association 
of allottees, as the case may be, till the conveyance of all the 
apartments, plots or buildings, as the case may be, to the allottees, or 
the common areas to the association of allottees or the competent 
authority, as the case may be: 
Provided that the responsibility of the promoter, with respect to 
the structural defect or any other defect for such period as is referred 
to in sub-section (3) of section 14, shall continue even after the 
conveyance deed of all the apartments, plots or buildings, as the case 
may be to the allottees are executed; 
(b) be responsible to obtain the completion certificate or the occupancy 
certificate, or both, as applicable, from the relevant competent authority 
as per local laws or other laws for the time being in force and to make 
it available to the allottees individually or to the association of allottees, 
as the case may be; 
(c) be responsible to obtain the lease certificate, where the real estate 
project is developed on a leasehold land, specifying the period of 
lease, and certifying that all dues and charges in regard to the leasehold 
land has been paid, and to make the lease certificate available to the 
association of allottees; 
(d) be responsible for providing and maintaining the essential services, 
on reasonable charges, till the taking over of the maintenance of the 
project by the association of the allottees; 
(e) enable the formation of an association or society or co-operative 
society, as the case may be, of the allottees, or a federation of the 
same, under the laws applicable: 
Provided that in the absence of local laws, the association of 
allottees, by whatever name called, shall be formed within a period of 
three months of the majority of allottees having booked their plot or 
apartment or building, as the case may be, in the project; 
(f) execute a registered conveyance deed of the apartment, plot or 
building, as the case may be, in favour of the allottee along with the 
undivided proportionate title in the common areas to the association 
of allottees or competent authority, as the case may be, as provided 
under section 17 of this Act; 
(g) pay all outgoings until he transfers the physical possession of the real 
estate project to the allottee or the associations of allottees, as the 
case may be, which he has collected from the allottees, for the payment 
of outgoings (including land cost, ground rent, municipal or other 
local taxes, charges for water or electricity, maintenance charges, 
including mortgage loan and interest on mortgages or other 
encumbrances and such other liabilities payable to competent 
authorities, banks and financial institutions, which are related to the 
proj ect): 
14 	 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 	 [PART III 
The West Bengal Housing Industry Regulation Act, 2017. 
(Chapter 	 Functions and Duties of Promoter.— Sections 12-14.) 
Obligations of 
promoter 
regarding 
veracity of the 
advertisement or 
prospectus. 
No deposit or 
advance to be 
taken by promoter 
without first 
entering into 
agreement for 
sale. 
Adherence to 
sanctioned plans 
and project 
specifications by 
the promoter. 
Provided that where any promoter fails to pay all or any of the 
outgoings collected by him from the allottees or any liability, mortgage 
loan and interest thereon before transferring the real estate project to 
such allottees, or the association of the allottees, as the case may be, 
the promoter shall continue to be liable, even after the transfer of the 
property, to pay such outgoings and penal charges, if any, to the authority 
or person to whom they are payable and be liable for the cost of any 
legal proceedings which may be taken therefor by such authority or 
person; 
(h) after he executes an agreement for sale for any apartment, plot or 
building, as the case may be, not mortgage or create a charge on such 
apartment, plot or building, as the case may be, and if any such mortgage 
or charge is made or created then notwithstanding anything contained 
in any other law for the time being in force, it shall not affect the right 
and interest of the allottee who has taken or agreed to take such 
apartment, plot or building, as the case may be. 
(5) The promoter may cancel the allotment only in terms of the agreement 
for sale: 
Provided that the allottee may approach the Authority for relief, if he is aggrieved 
by such cancellation and such cancellation is not in accordance with the terms of the 
agreement for sale, unilateral and without any sufficient cause. 
(6) The promoter shall prepare and maintain all such other details as may be 
specified, from time to time, by regulations made by the Authority. 
12. Where any person makes an advance or a deposit on the basis of the information 
contained in the notice advertisement or prospectus, or on the basis of any model 
apartment, plot or building, as the case may be, and sustains any loss or damage by 
reason of any incorrect, false statement included therein, he shall be compensated by the 
promoter in the manner as provided under this Act: 
Provided that if the person affected by such incorrect, false statement contained 
in the notice, advertisement or prospectus, or the model apartment, plot or building, as 
the case may be, intends to withdraw from the proposed project, he shall be returned his 
entire investment along with interest at such rate as may be prescribed and the 
compensation in the manner provided under this Act. 
13. (1) A promoter shall not accept a sum more than ten per cent of the cost of the 
apartment, plot, or building, as the case may be, as an advance payment or an application 
fee, from a person without first entering into a written agreement for sale with such 
person and register the said agreement for sale, under any law for the time being in 
force. 
(2) The agreement for sale referred to in sub-section (1) shall be in such form as 
may be prescribed and shall specify the particulars of development of the project including 
the construction of building and apartments, along with specifications and internal 
development works and external

Excerpt shown. Open the full act in Lexace.

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