Amendment status not verified — confirm the current text below against the official source.
(1)If within sixty days of the date of damage or destruction of whole, or any part of the property, or within such further time as the Competent Authority may, having regard to the circumstances of the case, allow and the association of allottees does not proceed to repair, reconstruct or rebuild, then in that event,– Insurance. Verification of structural stability of old building. Disposition of Property, destruction or damage. 19 (a) the property shall be deemed to be owned in common by the apartment owners; (b) the undivided interest in the property owned in common which shall appertain to each apartment owner, shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities; (c) any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the undivided interest of the apartment owner in the property as provided therein; and (d) the property shall be subject to partition in a suit filed by any apartment owner, in which event, the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in equal to the percentage of undivided interest of each apartment owner in the property after paying out all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. (2) In the event of damage caused to any service or utility line of an apartment or of any other sort of damage that may be a cause of concern to other apartment owners or to the association of allottees, the owner of the apartment where such damage is caused shall repair or rectify or replace or make good such event within five days in case of minor repair and within one month in case of major repair. (3)The magnitude of damage shall be as mutually agreeable between the owners of the apartment and in case of any difference of opinion the decision of the Executive Committee of the association of allottees shall stand final. (4) The liability of making good the damage lies with the apartment owner where the damage has occurred and if the apartment owner fails to rectify the damage within the time prescribed in sub-section (2), the Executive Committee of the association of allottees shall proceed to rectify the same immediately and the cost of same shall be recovered from the owner of the apartment where the damage had occurred. 20 CHAPTER VI COMPETENT AUTHORITY AND APPELLATE AUTHORITY 23.(1)The State Government may, by notification, appoint one or more officers, not below the rank of Deputy Collector, as the Competent Authority to exercise the powers conferred on it and to perform the functions within the local limit as assigned to it under this Act. (2) The Competent Authority shall have the following powers, namely:– (a) on a complaint, or suo motu, call upon any promoter or association of allottees or apartment owner to furnish in writing such information and explanation, and if he considers necessary, hold an inquiry or direct any person to hold an inquiry into the affairs of the project including constitution, working and financial condition of the association of allottees; (b) at any time, but at reasonable hours, without notice enter into any apartment and property appurtenant thereto in order to satisfy himself as to whether any provision of this Act or the bye-laws has been complied or not; (c) to issue direction and pass orders consistent with the provisions of this Act and rules; (d) to hear appeal preferred under sub-section (2) of Section 21;and (e) to exercise such powers as may be prescribed. (3) The Competent Authority shall have the following functions, namely:― (a) register the association of allottees along with bye-laws on receipt of such application from the promoters, allottees or apartment owners, as the case may be; (b) scrutinize and maintain register of the declarations as per section 9 including amendment thereto; (c) approve the amendment to bye-laws as provided under sub-section (4) of Section 16; (d) ensure compliance by promoter and association of allottees , the provisions of this Act, rules and the bye-laws by issuing suitable direction; (e) resolve any other dispute which may arise under the provisions of this Act, rules and the bye-laws; and (f) to perform any other functions as may be prescribed. Competent Authority and its powers and functions. 21 (4) The Competent Authority shall, for the purpose of its powers and functions under this Act have the same power as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely :─ (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents ; (c) issuing commissions for examination of witness; and (d) any other matter which may be prescribed; (5) all proceedings before the Competent Authority shall be deemed to be judicial proceedings within the meaning of Section 193 and Section 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 and the Competent Authority shall be deemed to be a civil court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.