MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
Date : 06/07/2021
Circular No. 35
No. MahaRERA/Secy/File No.27/ 130/2021
Sub : In the matter of real estate agent registration and renewal of such registration.
Whereas, the Government of Maharashtra has been pleased to make Rules called as the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects. Registration of real estate agents, rates of interests and disclosures on website) Rules, 2017 as amended upto date, hereinafter referred to as “the said Rules”.
And whereas under sub-rule (1) of Rule 11 of the said Rules, every real estate agent required to be registered as per sub-section (2) of section 9 of the Real Estate (Regulation and Development) Act, 2016 (“the Act”) shall make an application in writing,- in case of registered real estate projects, forthwith and in any case prior to engaging in any activity relating to marketing, advertising sale or purchase of any apartments.
And whereas, sub-rule (2) of Rule 11 of the said Rules, mandates, that an application to be made by a real estate agent for registration should be in Form ‘G’ and further lists the documents to be submitted alongwith the application.
And whereas, clauses (e) & (g) of sub-rule (2) of Rule 11 of the said Rules states as follows :
“(e) authenticated copy of the proof of address of the principal place of business. number of branch offices if any along with contact details including Telephone Numbers, Fax Numbers and email address; and”
“(g) details of all civil or criminal cases pending against him if an individual or any of the partners, directors, trustees etc. in case of other entities;”
And whereas under sub-rule (1) of Rule 13 of the said Rules, real estate agent to whom registration has been granted under section 9 of the Act may make an application for renewal of his registration atleast 60 days prior to the expiry of his registration in Form
And whereas, sub- rule (2) of Rule 13 of the said Rules, mandates for that renewal of registration also the real estate agent shall submit all the updated documents set out in clause (a) to (i) of sub-rule (2) of Rule 11 of the said Rules at the time of making application for renewal.
And whereas under Section 25 of the Act. Chairperson, MahaRERA is empowered with the powers of the general superintendent and directions in the conduct of the affairs of MahaRERA.
And whereas, it is noticed that many a times, real estate agents while making an application for registration or for that matter at the time of renewal of the registration, do not give the particulars and the required documents as per the mandate stated in clauses (e) and (g) of sub-rule (2) of Rule 11 of the said Rules.
And whereas, for the purpose of removal of any doubt and to have clarity on the aspects of the above referred clauses of sub-rule (2) of the Rule 11 of the said Rules. it is made clear that the particulars and documents required to be submitted as set out in clauses (a) to (i) of sub-rule (2) of Rule 11 of the said Rules, are mandatory in nature, both at the time when a real estate agent seeks registration as well as for renewal of registration.
Therefore, henceforth, for the purpose of clauses (e) and (g) of sub-rule (2) of Rule 11 of the said Rules the following details shall be submitted by real estate agents both at the time of registration and also while seeking renewal of the registration as the case may be.
For the above referred clause (e) both in Form ‘G’ and Form ‘J’
In addition to the information called for in clause (e) of sub-rule (2) of Rule 11 of the said Rules, the applicant shall submit authenticated copy of any one of the following documents to establish the proof of address of his/ their principal place of business.
(a) Electricity Bill (b)Telephone Bill (c) Agreement
(d) Lease Deed (e) Tenancy Agreement (f) Leave & Licence Agreement.
For the above referred clause (g) both in Form `G’ and Form ‘J’
In addition to the information called for, in clause (g) of sub-rule (2) of Rule 11 of the said Rules, the applicant should submit a self attested Declaration, declaring as follows:
“There are no criminal proceedings filed against the applicant and that the applicant has not been convicted by any Court in India OR the following criminal proceedings are filed / pending against the applicant viz.:
(a) Case No. ——- in ——- court at ——, (b) Case No. ——- in ——- court at ——
(c) Case No. ——– in —— court at ——- (d) Case No. ——- in ——- court at ——-
and that the applicant has not been convicted in any of the above referred matters OR th following criminal proceedings arc filed / pending against the applicant viz.
(a) Case No. —– in ——- court al —– (b) Case No’ ——- in ——- court at —-
(c) Case No. ——- in ——- court at —– (d) Case No’ ——- in ——- court at —–
and that applicant has been convicted in the case referred to at serial number(s) , an above.
The above information is true and correct.
Dated this_____ day of __ , 20___
The word “applicant” referred to in the above Declaration means as follows :-
Name(s) of the individual in case the application is submitted in individual capacity or by a Proprietor, of respective Partners, Directors, Trustees, Managing Committee Members in the event the application is submitted by a Partnership Firm, Company, Trust or a Registered Society as the may be.
The above directions shall come into effect from the date of issue of this circular. All concerned shall adhere and comply with the above directions.
(As approved by the Hon’ble Chairperson, MahaRERA)
(Dr. Vasant Prabhu)