Bare ActsThe Meghalaya Apartment Ownership Act, 2016 (Meghalaya Act NO.5 of 2016)

Section 30

Powers and duties of Competent authority.

Amendment status not verified — confirm the current text below against the official source.

(1) The competent authority shall have the following powers and duties, namely,- (a) to decide, under section 7, dispute about the amount payable by an allottee to a promoter; (b) to decide, under section 8, the action for recovery of sums as damages or injunctive relief or both; (c) to decide under sub-section (4) of section 11 appeals against notice given by the lessee to apartment owner regarding a breach of the terms and conditions of the sub-lease of regarding the amount of the composition fees demanded in lieu thereof; (d) to permit, under the first proviso to sub-section (1) of section 13, further time to the promoter to execute deeds of apartments; (e) to receive, under the second proviso to section 2, section 9, sub-section (1) of section 11, sub-section (3) of section 13 and sub-section (4) of section 16, the certified copies of declarations, instruments of undertaking, deeds of sublease, documents of transfer of management, deeds of apartments and endorsements thereon, and hire-purchase agreements; (f) to impose penalty for delay in or failure to execute instruments as specified in sub-section (1) of section 14; (g) under sub-section (5) of section 14, to issue certificate to registration officer; (h) under section 15, to decide disputes as to succession to an apartment and to record succession, on the certified copy of the deed of apartment and to send true copy thereof of the concerned registrar for registration; (i) to register, under sub-section (2) of section 17, the association of apartment owners either as co-operative society or as a limited company, after ascertaining the desire of the majority; (j) under section 18, to approve and register the bye-laws of an association, any deviation from the model bye-laws and amendments to the bye laws; (k) to allow, under section 19, further time beyond sixty days to an association to repair, reconstruct or rebuild a property which is damaged or destroyed; (l) under section 21, to give direction to an association, to supersede the management committee and to appoint an administrator; (m) to resolve disputes between an association and a member thereof; (n) to ensure the annual audit of the accounts of an association; (o) to receive audit reports on the accounts and the annual reports on the working of an association; (p) to ensure compliance by promoters, associations and apartment owners of the obligations under the Act, rules or bye laws, by issue of suitable directions; (q) to issue directions to associations and apartment owners, consistent with the Act, rules and bye-laws; and (r) any other function which the government may by notification entrusted to the competent authority. (2) In discharging his functions under the Act, the competent authority will have the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: - (a) summoning Find enforcing the attendance of any person and examining him on oath or affirmation; (b) receiving evidence on affidavits; (c) requiring the discovery and production of documents; (d) subject to the provision of section 123 and 124 of Indian Evidence Act 1872, requisitioning any public record or document or copies of such record or document from any office; (e) issuing commissions for the examination of witness or documents; and (f) any other matters which may be prescribed by Government.

Section 30 – The Meghalaya Apartment Ownership Act, 2016 (Meghalaya Act NO.5 of 2016) | DailyLaw.ai