The Assam Apartments (Construction and Transfer of Ownership) Act, 2006
assam · 2007
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called as Assam Apartments (Construction and Transfer of Ownership) Act,2006
- S. 2Section 2 mandates application of the Act to apartment buildings and related parties by submitting declarations to the Competent Authority.
- S. 3Section 3 defines key terms used in the Assam Apartments Act, including "apartment," "Association of Apartment Owner," "building," and "Common areas and facilities."
- S. 4Section 4 grants exclusive ownership and possession of sold or leased apartments to buyers, with specified undivided interest in common areas.
- S. 5Section 5 of the Assam Apartments Act, 2006, establishes apartments and their undivided interests as heritable property, outlines ownership through purchase or lease, and mandates market value determination for transactions.
- S. 6Section 6 prevents claims for title by the person paying consideration when the apartment is transferred to another for their own benefit.
- S. 7Section 7 outlines the undivided interest of apartment owners in common areas and facilities, their consent for changes, and maintenance responsibilities.
- S. 8Section mandates apartment owners to adhere to bye-laws and covenants, with non-compliance allowing for legal action for damages.
- S. 9Section 9 prohibits apartment owners from making changes that could harm the building's safety or value without written consent from all owners.
- S. 10During the period the property remains subject to this Act, no encumbrance of any nature shall be created against the p
- S. 11Section 11 distributes common property profits and expenses among apartment owners based on their undivided interest percentages.
- S. 12Section 12 details the required contents and submission process for a declaration about an apartment project to the Competent Authority.
- S. 13Section 13 outlines the submission, examination, acceptance, rejection, and appeal process for property declarations under the Assam Apartments Act.
- S. 14Section 14 allows all apartment owners to collectively withdraw a building from the Act, reverting ownership to undivided shares in common areas.
- S. 15Section 15 allows re-submission of withdrawn properties to the Act's provisions after compulsory registration.
- S. 16Section 16 mandates compulsory registration of instruments related to apartment declarations, amendments, or withdrawals under the Act.
- S. 17Section 17 mandates the administration of properties through bye-laws approved by the State Government, detailing governance of apartment owners' associations.
- S. 18Section 18 deems single-unit owners in apartments as separate units for municipal rate assessment.
- S. 19Section 19 establishes that common expense assessments by the apartment owners' association are first charges on each apartment, except for municipal rates and taxes.
- S. 20Section 20 makes the purchaser jointly liable with the vendor for unpaid common expense assessments at the time of apartment sale.
- S. 21Section 21 integrates the Transfer of Property Act, 1882, for apartment ownership transfers, overriding conflicting local laws.
- S. 22Section 22 extends the Act's provisions to apartments constructed by government or semi-government bodies.
- S. 23Section 23 requires promoters to disclose detailed information about their apartment building plans to a Competent Authority before construction.
- S. 24Section 24 mandates promoters or builders to enter into a registered sale agreement and execute a registered sale deed for apartments upon completion.
- S. 25Section 25 prohibits promoters or builders from altering disclosed plans without written consent from all affected transferees.
- S. 26Section penalizes promoters for false disclosures or contravening provisions, with imprisonment up to one year or fine up to ₹50,000.
- S. 27Section 27 holds company officers and directors liable for promoter or builder offenses under the Act.
- S. 28Section 28 protects government officials from legal actions for actions taken in good faith under the Act.
- S. 29Section 29 mandates that no court can hear offenses under the Act without prior approval from Competent Authorities.
- S. 30The section allows the State Government to issue orders to resolve any issues in implementing the Act.
- S. 31Section 31 mandates promoters to transfer ownership of apartments upon payment, and prohibits profit-making in common areas after selling 60% of flats.
- S. 32Section 32 mandates that all apartment owners and users are bound by the Act and bye-laws, and decisions by the Association are binding.
- S. 33Section 33 allows the President or Association to cut off essential supplies to apartment owners for valid reasons after seven days' notice.
- S. 34Section 34 makes the purchaser jointly liable with the vendor for unpaid common expenses until sale.
- S. 35Section mandates insurance for apartment property against fire and other risks, managed by association or society trustees.
- S. 36The promoters or owners of apartment shall not sell or tease out or misuse any common areas and facilities
- S. 37Section mandates apartment owners in multi-floor buildings to install fire safety devices as prescribed by the Director General of Fire Service.
- S. 38Section 38 mandates apartment owners to pay fees and provide construction compliance for permanent utilities.
- S. 39Every owner of the apartment shall be provided with an overhead tank in the manner prescribed
- S. 40Section mandates rainwater harvesting for apartment complexes using underground water, conforming to local bye-laws or approved methods.
- S. 41Section 41 ensures that provisions of the Act override any conflicting agreements between promoters and apartment owners.
- S. 42(1) The State Government may make rules for carrying out the purpose of the Act
- S. 1908Section outlines duties of a President, maintenance of common areas, expense collection, and other property administration matters.