Assam Apartments (Construction and Transfer of Ownership) Act, 2006
No: 21 Dated: Oct, 08 2007
THE ASSAM APARTMENTS (CONSTRUCTION AND TRANSFER OF OWNERSHIP) ACT, 2006
ASSAM ACT NO. XXI OF 2007
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:-
1. Short title, extent and commencement:- (1) This Act may be called as Assam Apartments (Construction and Transfer of Ownership) Act,2006.
(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.
2. Application of the Act:- (1) This Act shall apply to every apartment and / or building defined 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.
3. Definitions:- 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 to the provisions of this Act, as hereinafter provided ;
(i) "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
(iii) 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.