The Assam Apartments (Construction and Transfer of Ownership) Act, 2006
##### Registered No. 768/97

# THE ASSAM GAZETTE

## EXTRAORDINARY

### PUBLISHED BY THE AUTHORITY

#### 315 f w p , CTTW3, 8 ’-sretPR, 2007, 16 ^ll^T, 1929 (*Rs)
 No. 315 Dispur, Monday, 8th October, 2007, 16th Asvina, 1929 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

##### NOTIFICATION

#### The Sth October, 2007

##### No. LGL. 194/2005/36. -T h e followingAct of the Assam Legislative Assembly which

#### received the assent of the President is hereby published for general information.


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#### THE ASSAM GAZETTE. EXTRAORDINARY, OCTOBER 8, 2007

 ASSAM ACT NO. XXI OF 2007

 (Received the assent of the President on 24th September, 2007)

 THE ASSAM APARTMENTS (CONSTRUCTION AND TRANSFER OF
 OWNERSHIP) ACT, 2006

 AN

 ACT

to provide for the construction and transfer of apartment and to provide for ownership

right for an individual apartment to the purchaser/lease holder and make such right as heritable
and transferable.

Preamble Whereas it is expedient to provide for the regulation of the

haphazard and unplanned construction of apartment/ buildings in the
areas covered by Guwahati Metropolitan Development area and all urban
areas of Assam, to specify modalities of transfer of such apartment
buildings and for the matters connected therewith and incidental thereto
and to regulate the promotion of construction and sale of apartments in
multistoried buildings on ownership basis and to provide for transferability
and heritability by the individual purchaser not only for particular
apartment but also the fractional interest to it on the common area and
facilities.

It is hereby enacted in the Fifty-seventh Year of the Republic of

India as follows

Short title, extent 1. (1) This Act may be called as Assam Apartments (Construction

and commence­ and Transfer of Ownership) Act,2006.

ment (2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State

Government may, by notification in the Official Gazette,

appoint, in respect of the areas, cities and towns as may be
specified in such notifications ;

Provided that different dates may be appointed for

different areas, cities and towns or group of areas or cities or
towns as the Government may deem fit and proper.

Application of 2. (1) This Act shall apply to every apartment and / or building defined

the Act. as such under section 3 of this A ct;

Provided that sole owner or all the owners of every such

building shall submit the same to the provisions of this Act by
duly executing and registering a declaration setting out the
particulars referred to in section 12.

(2) This Act shall also apply to all the promoters/ builders/ land

owners/ purchasers and construction of all apartment buildings
undertaken by such promoters /builders/ land owners/

purchasers who are required to execute and submit declaration
before the Competent Authority in such manner as may be
prescribed that he intends to submit the property wherein the
apartment is or to be located, to the provisions of this Act.


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#### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2107

Definitions 3. In this Act unless the context otherwise requires, -

(a) "apartment" means part of a property intended for any type of

independent use, including one or more rooms or enclosed
spaces located on one more floor or part or parts thereof in a
building intended to be used for residential, commercial or
business or such other type of independent use as may be
prescribed and with a direct exit to a public street, road, or
highway or to a common area leading to such street, road, or
highway;

(b) "Association of Apartment Owner" or "Society of Apartment

Owner" means the Association formed in accordance with the
provisions made in the bye-laws ;

(c) "building" means any construction for whatsoever purpose and of

whatsoever materials and every part thereof, whether used as
human habitation or not and includes plinth walls, chimney,
drainage work, fixed platforms, verandah, balcony, cornice or
projection or anything affixed thereto or any walls, earth bank,
fence or other construction enclosing or delimiting or intended to
enclose or delimit any land or space;

(d) "Common areas and facilities” includes,

(1) the land on which the building is located and all

assessments along with free spaces,

(2) the foundations, columns, girders, beams, supports, main

walls, roofs, halls, corridors, lobbies, stairs, stairways, fire
escapes and entrances and exits at the building,

(3) the basements, cellars, yards, guard wall, gardens,

parking areas, shopping centres, schools, garages,

storages spaces, common hall and common room,

(4) the premises for lodging of janitors or person employed for

the management of property,

(5) installations of common services, such as power, light,

gas, hot and cold water, heating and refrigerating and air
conditioning if centrally designed, sewerage etc.,

(6) the elevators, tanks, pumps, motors, fans, compressor,

pipes and ducts and in general all installations existing for
common use,

(7) such other common facilities as may be specially provided

for in the declaration,

(8) all other parts of the property necessary or convenient to

its existence, maintenance and safety, or normally in
common use ;

(e) "common expenses” means expenses of administration,

maintenance, repair or replacement of the common area and
facilities and all other sums assessed against the apartment
owners by the Association of Apartment Owners ;

(f) ‘common profits’ means the balance of all income, rents, profits

and revenues from the common area and facilities remaining after
the deduction of common expenses ;

(g) “Competent Authority” means the Guwahati Municipal Corporation

and Guwahati Metropolitan Development Authority respectively
and in respect of other towns and areas, such officer or Authority
as may be notified by the Government from time to time ;

(h) “declaration" means the instrument by which property is submitted


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#### 2108 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007

to the provisions of this Act, as hereinafter provided ;

(1) "Government” means the Government of Assam ;

(j) "limited Common area and facilities” means those common area

and facilities may be duly noted in the declaration as reserved for
use of certain apartment or apartments to the exclusion of other
apartments ;

(k) "owner” in relation to any property or part thereof or apartment

includes -
(i) any person owning such property or part thereof or an

apartment, or

(ii) any person deemed to be owning such property or apartment,

or

(ili) any promoter, or
(iv)a lessee of such property or part thereof or apartment, where

the lease is for a period of thirty years or more :

Provided that any person who has executed an agreement

for purchase or for taking lease for a period of thirty years or more, of any
property or part thereof or apartment and has paid the consideration or
part thereof, shall be deemed to be owning such property or part thereof
or apartment, even though the document for purchase or lease of such
property or part thereof or apartment has not been registered :

Provided further that where a society, company or other

association of individuals is the owner of the property, the Manager,
Director, President, Secretary or other officers of the society, company or
other association of individuals shall be deemed to be the owner of such
property within the meaning of the provisions of this A ct;

(l) “property” comprises the land, the building and the common areas

and facilities ;

(m) “ promoter” or “ builder” means a person who has already

constructed or intends to construct apartments for the purpose of
transfer of such apartments building by a sale, lease or
otherwise to any other persons, Government and Undertakings
and includes his successor or assign ;

(n) “person” includes a company, firm, a joint family, other

association of persons and group housing co-operative society
as the case may be ;

(o) “prescribed" means prescribed by rules made under this Act.

Ownership 4. (1) Every person to whom an apartment is sold or leased by the

of apartments. promoter on or after the commencement of this Act, shall, subject

to the provisions of this Act, be entitled to the exclusive ownership

and possession of the apartment so sold or leased to him.

(2) Every person to whom any apartment was sold or leased by the

promoter before the commencement of this Act, shall, subject to
the provisions of this Act, be entitled on and from such
commencement to the exclusive ownership and possession of
such apartment so sold or leased to him.

(3) Every person who becomes entitled to the exclusive ownership

and possession of an apartment under sub-section (1) or sub­

section (2) shall be Entitled to such percentage of undivided
interest in the comndon areas and facilities as may be specified in
the declaration and such percentage shall be computed by taking,

as a basis, the value of the Apartment in relation to the value of the
property.


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#### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2109

An apartment to 5. (1) An apartment together with its undivided interest on the common
be transferable area and facilities, shall constitute heritable and transferable

and heritable immovable property within the meaning of the relevant law for

property the time being in force.

Provided that no apartment and the percentage of

undivided interest in the common area and facilities of apartment
shall be partitioned or sub-divided for any purpose whatsoever
unless the property is withdrawn from the provisions of this Act
under section 14.

(2) Notwithstanding anything contained in the Transfer of Property Central

Act, 1882, or in any other law for the time being in force, but Act, 4 of
subject to the provisions of section 14 of this Act, any person 1862
shall be the owner of the apartment, by, -

(a) purchase through a registered sale deed duly registered Central

under section 17 of Registration Act, 1908. Act, 16

of 1908.

(b) taking lease for a period of not less than thirty years or more

of an apartment comprised in a property, by a registered Central
deed of lease registered under Section 17 of the Act, 16

Registration Act, 1908. of 1908.

(3) To effect sale or purchase or lease for more than one year of the

said apartment, the Competent Authority shall determine and
fix the proper market value of the apartments for sale or
purchase and the annual rent for the purpose of transfer of the
apartment on lease to the intending buyers or lease holders as
the case may be, so that during transaction none of the parties
i.e. the seller or the buyer or the lease holder as the case may
be, could conceal proper valuation of the apartment to evade
due payment of stamp duty and registration fee.

(4) An instrument of sale or purchase or lease shall be registered in

such manner and within such period as may be prescribed,
undertaking to comply strictly with the bye-laws and with
covenants, conditions and restriction set forth in the

declaration.

Benamidar of an 6. Where an apartment is transferred to one person for a consideration Central
apartment to be paid or provided by any other person for his own benefit, the transferee Act 4 of
deemed to be shall not withstanding anything in the Transfer of Property Act, 1882 or 1882

the real owner in any other law for the time being in force, be deemed to be the real
thereof owner of such apartment, and no court shall entertain any claim of the

person, paying or providing the consideration, for title in such
apartment on the ground that he did not intend to pay or provide such
consideration for the benefit of the transferee and that the transferee is
benamidar, or on any other ground.

Common areas 7. (1) Each apartment owner shall be entitled to an undivided interest in

and facilities. the common areas and facilities in the percentage expressed in

the declaration, Such percentage shall be computed by taking,
as basis, the value of the apartment in relation to the value of the
property, and such percentage shall reflect the limited common
area and facilities.


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#### 2110 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
x -

                                        -                                        -

(2) The percentage of the undivided interest of each apartment owner

in the common areas and facilities as expressed in the
declaration shall not be altered without the consent of all the
apartment owners expressed in an amended declaration duly
executed and registered as provided in this Act. The percentage
of individual interest in the common areas and facilities shall not
be separated from the apartment to which it appertains and shall
be deemed to be conveyed or encumbered with the apartment
even though such interest is not expressly mentioned in the
conveyance or other instrument.

(3) The common areas and facilities shall remain undivided and no

apartment owner or any other person shall bring any action for
partition or division of any part thereof, unless the property has
been withdrawn from the provisions of this Act under section 14.

(4) Each apartment owner shall use the common areas and facilities

for the purpose for which they are intended without effecting or
encroaching upon the lawful rights of other apartment owners.

(5) The works relating to the maintenance, repair and replacement of

the common areas and facilities and the making of any additions
or improvement thereto shall be carried out in accordance with
the provisions of this Act and the Bye-Laws made there under
and other building bye-laws in force for according building
construction permission.

(6) The Association of Apartment Owners or the Society of Apartment

Owners shall have irrevocable right to be exercised by the
Secretary 1 President of the society on behalf of the association

or society as the case may be, considers necessary to have
access to each apartment from time to time during reasonable
hours, as may be necessary for the maintenance, repair and
replacement of any of the common areas and facilities therein or
accessible there from or for making emergency repairs therein to
prevent any damage to the common areas and facilities or to
other apartments.

Compliance with 8. Each apartment owner shall comply strictly with the bye-laws,

bye-laws, covenants, conditions and restrictions set forth in the declaration.

covenants etc. Failure to comply with any of the same shall be a ground for an action

to recover damages or for other relief at the instance of the President
and Secretary on behalf of the Association or Society of Apartment
Owners or in a proper case by an aggrieved apartment owner.

Certain work 9. No apartment owner shall do any work which would be prejudicial to

prohibited the soundness or safety of the property or would reduce the value

thereof or impair any easement or hereditament or shall add any

materials structure or excavate an additional leasement or cellar

without first obtaining the consent, in writing of all the other apartment

owners.

Encumbrances 10. During the period the property remains subject to this Act, no

against encumbrance of any nature shall be created against the property.

apartments During such period an encumbrance may, however, be created only

against each apartment and the percentage of undivided interest
from the common areas and facilities of the apartment, in the same
manner as in relation to any other separate part of the property
subject to individual ownership.


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#### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2111

Common profit 11. Common profits of the property shall be distributed among and the

and expenses common expenses shall be charged to the apartment owners

according to the percentages of the undivided interest in the
common areas and facilities.

Contents of 12. (1) The declaration referred to in section 2 shall be submitted in such

declaration form and in such manner, as may be prescribed, before the

Competent Authority and shall contain the following

particulars, namely

(a) Description of the property ;

(b) Nature of Interest of the owner or owners in the property ;
(c) Existing encumbrance if any, affecting the property;
(d) Description of each apartment containing its location, actual

built up area, numbers of rooms, immediate common area to
which it has access and any other data necessary for its
proper identification;

(e) Description of common areas and facilities;
(f) Description of the limited common areas and facilities, if any,

stating to which apartment their use is reserved ;

(g) Value of the property and each apartment and the percentage

of undivided interest of the common areas and facilities
appertaining to each apartment and its owner;

(h) Such other particulars as may be prescribed.

(2) The declaration referred to in sub-section (1) may be amended under

such circumstances and in such manner as may be prescribed ;

A declaration or 13. (1) Any declaration referred to in section 2 or any amendment thereto
an instrument to as any instrument referred to in sub-section (4) of section 5
be submitted shall, in the first instance be submitted, in duplicate, within

before the fourteen days from the date of its execution, to the Competent

competent Authority along with copies of site plans, building plans and
Authority and to relevant title deeds.
be dealt with by (2) On receipt of a declaration or an amendment thereto or an
him. instrument referred to the sub-section (1), the Competent

Authority shall, -
(a) after holding such inquiry, if any as it may consider

necessary for the purpose, examine the declaration, the
amendment or the instrument, as the case may be, to be
ascertain whether -

(i) the property concerned comes within the purview of this

Act, and

(ii) the declaration, the amendment or the instrument is in

order.

(b) by an order in writing giving reasons therefore, accept or

reject the declaration, the amendment or the instrument,
and

(c) in case of acceptance, immediately return the declaration,

the amendment or the instrument, along with all the
enclosures to the owner or owners, as the case may be,
for registration, within fifteen days from the date of return.

(d) In case of rejection, forthwith communicate the order of

rejection to the owner or owners.


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#### 2112 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007

(3) Any person, being aggrieved by an order of rejection under sub­

section (2), may within thirty days from the date of such order
appeal before the State Government, whose order on appeal
shall be final;

Provided that the appellate authority may allow, on

sufficient grounds being shown in this behalf, to file an appeal
after a period of thirty days, if it is satisfied that the delay was
caused due to a situation which was beyond the control of the
aggrieved person.

(4) Any order referred to in clause (b) of sub-section (2) or in sub­

section (3) shall not be called in question in any court of law.

Withdrawal from 14. (1) All the apartment owners in respect of a building, may withdraw a
provisions of the property from the provisions of this Act at a time by an

Act instrument executed to the effect, upon which the property

shall be deemed to be the owner in common by the apartment
owners and the share of each such owner in the property shall
be the percentage of undivided interest previously owned by „

such owner in the common area and facilities.

(2) Any encumbrance affecting any of the apartments shall be

deemed to be transferred in accordance with the existing
property to the percentage of the undivided interest of the
apartment owner in the property as provided in this Act.

Withdrawal is no 15. The withdrawal of the property from the provisions of this Act under

bar for re­ sub-section (1) of section 14 shall in no way be a bar for subsequent

submission of re-submission of the property to the provisions of this Act.

property to the

Act.

Instruments of 16. All instruments relating to the declaration or any amendment thereto Central

declaration etc. referred to in sub-section (2) Of section 12 or the withdrawal of a Act No.

compulsory property from the provisions of this Act as referred to in sub-section 16 of
registerable (4) of section 5 shall be deemed to be instruments compulsorily 1908.

registerable within the meaning of clause (b) of sub-section (1) of
section 17 of the Registration Act, 1908.

Bye-Laws 17. (1) Every property shall be administered in accordance with such

bye-laws as may be framed by the Competent Authority with
the prior approval of the State Government.

(2) The bye-laws shall provide for the following amongst other

matters, namely -

(a) the manner in which the Association of Apartment Owners is

to be formed, the election of member of Board or society
from among the apartment owners, the number of persons
constituting the Board, the number of members of such
Board or society to retire annually, the powers and duties of
the Board or society, the honorarium, if any, of the members
of the Board or Society, the method of removal from office of
the members of the Board or Society, the power of the
Board or Society to engage the services of a Secretary or
Manager, delegation of power and duties to such Secretary
or Manager,

(b) method of calling meeting of the apartment owners and the

number to constitute a quorum,


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#### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2113

(c) election of a President who shall preside over the meetings

of the Board or Society and of the Association of Apartment
Owners,

(d) Maintenance, repair and replacement of the common areas

and facilities and payments thereof;.

(e) manner of collecting share of the common expenses from the

apartment owners;

(f) any other matter considered to be necessary for the

administration of the property ;

Separate 18. Notwithstanding anything to the contrary in any other law for the time

assessment being in force, each apartment or a property, Including its percentage

of undivided interest in the common areas and facilities thereof, the
owner of which does not own any other apartment in such property,
shall be deemed to be a separate unit for the purpose of assessment
of municipal rates and taxes.

Charges for 19. All sums assessed by the Association of Apartment Owners for the

common common expenses charge-able to any apartment shall constitute a

expenses of the charge on such apartment prior to all other charges, except charge,

property if any on the apartment as payment of municipal rates and taxes.

Liability for 20. Upon the sale of an apartment, the purchaser of the apartment shall

unpaid common be jointly and severally liable with the vendor for all unpaid

expenses assessments against the latter for his share of the common

expenses up to the time of the sale.

Removal of 21. For removal of doubts, it is hereby declared that the provisions of Central

doubts Transfer of Property Act, 1882, shall, in so far as they are not Act No.

inconsistent with the provisions of this Act, apply to every apartment 4 of
together with its undivided interest in the common areas and facilities 1882
as these provisions apply in relation to any other immovable property
and the provision of the Act shall have effect Notwithstanding
anything to the contrary contained in any other law.

Act to apply to 22. The provisions of the Act shall also apply to the apartment being
housing Board constructed by Assam State Housing Board, Housefed and any

and Housefed other Government or Semi Government Department and

organizations.

General 23. All the promoters or builders who intend to construct an apartment

Liabilities of building shall submit before a Competent Authority details about

promoters themselves and about building to be undertaken by them in following

manner. The Competent Authority shall display the same on notice
board for the benefit of intending buyers of apartment. The
Competent Authority after satisfying itself with the contents of said
disclosures may allow the promoter to go ahead with the
construction

(a) Make full and true disclosure in writing of the nature of his

interest in the land and on the building, if any, in which the
apartments are to be constructed, and plan and specifications
approved by the Local Authority as the case may be, or by the
Urban Development Authority of the entire building of which the
apartment forms a part;

(b) Make full and true disclosure in writing of all encumbrances, if

any affecting such land or building ;

(c) Disclosure and allow inspection of plans and the specification of


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#### 2114 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007

the entire building of which the proposed apartments form part

and furnish copies thereof.

(d) Disclosure in writing the particulars in respect of the materials,

which have been or are proposed to be used in the construction
of the building together with the details of all agreements entered
into by him with the architects and contractors.

(e) Specifying in writing the date by which possession of the

apartment is to be handed over to such transferee.

(f) Supplying in writing a list of all apartment which have already

been taken or agreed to be taken together with their distinctive
numbers, names and address of the transferee either actual or
intended, the prices paid or charges by or upon the area and any
other particulars or may be prescribed.

(g) Make a full and true disclosure in writing of all outgoings including

ground rent, if any, municipal or other local taxes, taxes on
income, water charges and electricity charges, revehue

assessment, interest on any mortgage or other encumbrance, if
any, in relation to the land, building and the apartments.

(h) Make a full and true disclosure in writing of such other

information and documents including true copies of such
documents as may be prescribed.

(i) Deposit Earnest money @ Rs.0.5% of the apartment building,

construction cost (excluding land cost) in the form of bank
guarantee, fixed deposit at Nationalize Bank as the case may
be, with the Competent Authority of which 0.5% shall be
returned after the ,year from the date of completion of the
building, subject to conditions that no complaints regarding
construction defects is received within one year. The defects if
any shall be rectified by the promoters or builders at his own
cost. If defects are not rectified by the promoters immediately,
the same shall be rectified by the buyers by utilizing the earnest

money. In such event the earnest money shall be forfeited.

Agreement 24. (1) Not withstanding anything contained in any other law for the time

before accepting being in force, a promoter or a builder who intends to transfer

advance any apartment shall before accepting any changes from an
payment intending transferee as advance payment or deposit, enter into a

written agreement for sale with such transferee which shall be Central
registered.under clause (b) of sub-section(l) of section 17 of the Act. 16
Registration Act, 1908. of 1908

(2) On completion of the apartment building the prorrfcter or builder of

apartment shall execute a registered deed of sale in favour of
transferee as per provision of Registration Act, 1908. The
execution and registration of the sale deed to be completed in
such a manner and within a period as may be prescribed, from
the date of handing over possession of the apartment to the
transferee and full sum of consideration amount is received by
the promoter/ builder. The transferor and transferee are bound to
quote the value in the sale deed as fixed by Competent Authority
as per Assam Public Works Department Schedule of Rates.

J>

No additions or 25.After the plans, specifications and the nature of the fixture, fittings

alterations after and amenities are disclosed to an intending transferee under section

disclosure of 23, the promoter or builder shall not make any alteration therein.

plans etc. (j) if it affects a single apartment, without the previous consent in writing

of that transferee who intends to take the said apartment, and

(ii) if it affects more than one apartment, without the previous consent in

Writing of all the transferees who intends to take those apartments.


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#### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2115

Offences by 26. Any promoter who knowingly makes a false disclosure in respect of

promoter and any of the matters referred to in clause (a), (b), (g) and (h) at section

builder 23 or contravenes the provisions of section 25, shall on conviction,

be punished with imprisonment for a term which may extend to one
year, or with fine which may extend up to fifty thousand rupees, or
with both.

                              -

Offences by 27. (1) If the promoter or a builder committing an offence under this Act

companies is a company, every person at the time of the offence was

committed in charges of and was responsible to the company for
the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act, has been committed with the consent or
connivance of or Ip attributable to any negligence on the part of
any Director or Manager, Secretary or other Officer, shall be
deemed to be guilty of that offence and liable to be proceeded
against and punished accordingly.

Explanation : For the purposes of this Section

a) 'Company’ means a body corporate and includes a

firm or other association of individuals.

b) ‘Director* in relation to a firm means a partner in the

firm.

Indemnity 28. No suit or other legal proceeding shall lie against the Government and

no suit, prosecution or other legal proceeding shall lie against any
Officer or Servant of the Government for anything which is in good
faith done or intended to be done under this Act or the rules made
thereunder.

Cognizance of 29. No court shall take cognizance of any offence under this Act except

offence on complaint made with previous sanction of the Competent

Authorities.

Power to remove 30. If any difficulty arises in giving effect to the provisions of this Act, the

difficulties State Government may make such order or do such thing, not

inconsistant with the provisions of this Act, as appears to it to be
necessary on expedient for removing the difficulty.

                                         -

Delivery of 31. (1) A promoter or builder shall on payment of the amount due by a

possession to purchaser or lessee in respect of the price of the apartment,

the purchaser or execute and register a proper conveyance of the apartment in Assam

lessee free of accordance with the agreement executed under this Act after • Act No.

encumbrances discharging all encumbrances including the liability, if any, under 8 of

the Assam Value Added Tax Act, 2003, and give possession of 2005
the apartment to the transferee.

(2). The Registering Authority shall not register any such

instrument of transfer unless the promoter produces
the relevant documents in support of non-encumbrance
or payment of tax etc. in respect of the apartment.


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#### 2116 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007

(3) The promoter or builder shall be solely responsible for transfer or of

title of land of the Association / Society of the Apartment Owners
immediately after saie of 60% of the flats. The right over the land
as the builder or promoter shall cease to exist immediately after
selling off 60% of the flats. No promoter or builder can carry out
any business of profit by establishing business establishment in
the common areas after selling off 60% of the flats.

Act to be binding 32. (1) All apartment owners, their tenant or employees or any other

on Apartment person that may in any manner use the property or any part

owners, tenants thereof submitted to the provisions of section 2 shall be

etc. subject to this Act and the declaration or bye-laws shall be

deemed to be binding on all the apartment owners.

(2) All agreements, decisions and determinations lawfully made by

the Association of Apartment Owners in accordance with the
voting percentage specified in the declaration or bye-laws shall
be deemed to be binding on all the apartment owners.

(3) No apartment owner shall use the apartment for any purpose

other than that for which the apartment has been constructed or
permission was obtained.

President / 33. The President or Secretary of an Association or a Society of

Secretary to cut Apartment Owners may, after due notice of not less than seven

off, withhold, days, for just and sufficient cause, cut off, withhold or in any

curtail or reduce manner curtail or reduce any essential supply or service enjoyed

essential supply by an apartment owner.

or service

Explanation : In this section, essential suddIv or service includes the
supply of water, electricity, rights in passage and on stair cases and
rights and conservancy of sanitary service.

Joint and 34. Upon the sate of any apartment, the purchaser of the apartment shall

Several liability. be jointly and severally liable with the vendor for all unpaid

assessment against the tetter for his share of the common expenses
upto the time of the sale without prejudice to the purchaser's right to
recover the vendor the amount paid by him.

Insurance 35. The President or Secretary of an Association or a Society of

Apartment Owners, if so required by the declaration or the bye-laws
or by a majority of the apartment owners, shall have the authority to
and shall obtain insurance coverage for the property against loss or
damage by fire and such other hazards and under such terms and
for such amounts as shall be required. Such insurance shall be in
the name of the President or Secretary of the Association or Society
of Apartment Owners as trustee for each of the apartment owners in
the percentage established in the declaration.

Prohibition of 36. The promoters or owners of apartment shall not sell or tease out or

selling , leasing misuse any common areas and facilities.

and misuse of

common areas

or facilities

Owner to 37. Every owner of an apartment in a building consisting of a ground

provide fire floor, together with three or more floors on it shall be required to

devices provide ail the fire preventive devices in consultation with the

Director General of Fire Service in the manner prescribed.


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#### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2117

Electricity, water 38. Every owner of an apartment shall be entitled to have electricity,

and drainage water and drainage connection on a permanent basis only on

connection payment of such fee as may be prescribed and on production of a

certificate from the Competent Authority to the effect that the
apartment has been constructed in accordance with the sanctioned
plan.

Provision of 39. Every owner of the apartment shall be provided with an overhead

overhead tanks tank in the manner prescribed.

Provision for 40. Every apartment / group housing scheme using underground water as

Harvesting rain their source of water shall provide provision for harvesting of rain

water water in the manner specified in the building bye-laws of that area or

any other method approved by Competent Authority.

Act to override 41. If any conflict or inconsistency arises between any provision of this

the agreements Act and any agreement entered into between the promoter and the

apartment owners, the provisions of this Act shall have overriding
effect over such agreement.

Power to make 42. (1) The State Government may make rules for carrying out the

rules purpose of the Act.

(2) Every rule made under this section shall be laid, as soon as may

be after it is made, before the Assam Legislative Assembly while
it is in Session for a total period of fourteen days which may be
comprised in one session or in two successive sessions, and if,
before expiry of the session in which it is laid or the sessions
immediately following, the Assam Legislative Assembly agree in
making any modification in the rule or the Assam Legislative
Assembly agree that the rule should not be made, the rule shall
thereafter have effect only-in such modified form or be of no
effect as the case may be ; so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

#### MOHD.A. HAQUE,
 Secretary to the Government of Assam,
 Legislative Department.

GUWAHAT1-Printed and Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21,

(Ex-Gazette) No. 629-500-400-8-10-2007.


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