West Bengal Apartment (Regulation of Construction and Transfer) Act, 1972

No: 17 Dated: Jul, 05 1972

THE WEST BENGAL APARTMENT (REGULATION OF CONSTRUCTION AND TRANSFER) ACT, 1972

West Bengal Act XVII of 1972

    An Act to regulate the construction and transfer of apartment.

    WHEREAS it is expedient to regulate the construction and transfer of apartment;

    It is hereby enacted in the Twenty-third Year of the Republic of India, by the Legislature of West Bengal, as follows :-

1. Short title, extent and commencement:- (1) This Act may be called the West Bengal Apartment (Regulation of Construction and Transfer) Act, 1972.

(2) It extends to the whole of West Bengal.

(3) This section shall come into force at once; and the remaining provisions of this Act shall come into force in such areas, and on such dates as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appoined for different areas

2. Application of the Act:- This Act applies only to an apartment, the promoter in respect of which executes and submits a Declaration before a-Competent authority in such manner as may be prescribed that he intends to submit the property wherein the apartment is or is to be located to the provisions of the West Bengal Apartment Ownership Act, 1972.

3. Defmitions:- In this Act, unless the context otherwise requires,—

(1) (a) "Declaration" means the instrument by which the property is submitted to the provisions of this Act;

(b) "prescribed" means prescribed by rules made under this Act;

(c) "promoter" means a person who has already constructed or intends to construct apartments for the purpose of selling them to other persons and includes the Government;

(2) the expressions "apartment", "building","Competent authority" and "property" shall have the same meanings assigned to them respectively in the West Bengal Apartment Ownership West Ben. Act, 1972.

4. General liabilities of promoters:- Any promoter who intends to sell an apartment, shall, on demand by an intending transferee—

(a) make full and true disclosure in writing of the nature of his interest in the land on, and the building, if any, in which the apartments are or are to be constructed;

(b) make full and true disclosure in writing of all encumbrances, if any, affecting such land or building;

(c) disclose and give inspection of the plans and specifications of the entire building of which the proposed apartments form part and furnish copies thereof;

(d) disclose in writing the nature of fixtures, fittings and amenities which have been or are proposed to be provided;

(e) disclose in writing the particulars as respects 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;

(f) specify in writing the date by which possession of the apartment is to be handed over to such transferee;

(g) supply in writing a list of all the apartments which have already been taken or agreed to be taken, together with their distinctive numbers, names and addresses of the transferees either actual or intended, the prices paid or charged by or upon them and any other particulars as may be prescribed;

(h) 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 changes and electricity changes. revenue assessment, interest on any mortgage or other encumbrances, if any, in relation to the land, building and the apartments;

(i) make a full and true disclosure in writing of such other information and documents including true copies of such documents as may be prescribed.