WBAOA Rules

Short title-

These rules may be called the West Bengal Apartment Ownership Rules, 1974.

Definitions-

(1) In these rules, unless there is anything repugnant in the subject or context,—

(a) “The Act” means the West Bengal Apartment Ownership Act, 1972 (West Ben. Act XVI of 1972);
(b) “Bye-laws” means the bye-laws framed under section 13 of the Act;
(c) “Form” means a form appended to these rules;

(d) “Instrument” means a document referred to in sub-clause (ii) of clause (b) of sub-section (3)
of section 4 of the Act; and
(e) “Section” means a section of the Act.

(2) ‘Words and expressions used in these rules and in the forms appended to these rules, but not
defined herein above, but defined in the Act, shall have the same meaning as are respectively
assigned to them in the Act.
2A. Period for submission of Form A. – The sole owner or all the owners or majority of the owners
of every property shall submit his or their property within three years from the date of completion
certificate issued by the competent authority.

The Form and manner in which the Declaration referred to in section 2(1) of section 10 and section 1OA shall be submitted to the Competent Authority-

(1) The declaration under section
2 by the sole owner or all the owners or majority of the owners, as the case may be, of a property
shall—
(a) be executed in Form A, and

(b) be signed and verified by the sole owner or all the owners or majority of the owners, as the
case may be, in the presence of Magistrate or any other person competent to administer oath.
(2) After such Declaration is signed and verified as aforesaid the same shall, in strict conformity
with the provisions of sub-section
(1) of section 10A, be submitted to the Competent Authority.

(3) When on receipt of such Declaration, the Competent Authority after following the procedure laid down in clause (a) of sub-section
(2) of section 10A, records an order under clause (b) of sub-section (2) of section 10A accepting the Declaration it shall make an endorsement on the body of the Declaration testifying to the fact of acceptance of the Declaration, put its dated signature and set its seal. Thereafter when in terms of clause (c) of sub-section (2) of section 10A the Competent Authority returns the Declaration along with its enclosures to the declarant or all the
declarant’s, as the case may be, such declarant or declarants shall, within one hundred twenty
days from the date of such return, present the Declaration of Registration under the Registration
Act, 1908, at the office of the Registrar having Jurisdiction. In case where the declaration is
submitted by majority of the owners and is accepted by the Competent Authority, the remaining owners shall, if they like, be allowed to submit Declaration or Declarations subsequently,
either individually or collectively, for acceptance by the Competent Authority. Such Declaration or
Declarations shall be executed in Form D .
(4) After the Declaration is registered the declarant or all the declarants, as the case may be,
shall forthwith report in writing to the Competent Authority the fact of registration of the
Declaration, furnish such authority with a copy of the registered Declaration.
(5) When the Competent Authority after following the procedure laid down in clause (a) of
sub-section (2) of section 10A rejects the Declaration, it shall make an order in writing, giving
reasons therefor and the person aggrieved by such order of rejection may, in strict conformity with the provisions of sub-section (3) of section 10A, prefer an appeal to the State Government from such order.
(6) When an appeal is preferred as aforesaid the State Government shall call for the relevant
records from the Competent Authority and shall, after hearing the parties, by an order in writing
giving reasons therefor, allow or dismiss the appeal, and shall, after such disposal of the appeal,
forthwith return the records along with copy of that order to the Competent Authority.
(7) When by the Appellate Authority the Declaration is accepted, the Competent Authority, on getting back the records from the State Government and after making an endorsement on the body of the Declaration in the manner referred to in sub-rule (3), shall forthwith return the Declaration together with its enclosures to the declarant or all the declarants, as the case may be, who shall thereupon, get the Declarations registered in strict conformity with the provisions of sub-rule (3)
and further comply with the provisions of sub- rule(4).

Circumstances in which a Declaration may be amended under sub-section (2) of section 10-

A Declaration made under section 2 may be amended in any of the following circumstances, namely:—
(a) when there is any bonn de mistake in the Declaration,

(b) when there is, subsequent to the submission of Declaration, any alteration in the description
or nature of the property or any part thereof to which such Declaration relates, or
(c) when subject to the approval of Competent Authority, an amendment is necessary for carrying out
the purposes of the Act.

Manner in which a Declaration may be amended under subsection (2) of section 10-

(1) When in any of the circumstances stated in rule 4, any amendment is to be made in the Declaration
submitted under sub-section (1) of section 10A by the sole owner or all the owners or majority of
the owners of any property, such sole owner or all the owners or such majority of owners, as the
case may be, shall submit to the Competent Authority a fresh Declaration in Form A, superscribed “Amended Declaration” incorporating therein the amendment asked for in place of the portion to be
amended. Such fresh Declaration shall be accompanied by an application for amendment in Form B stating clearly the circumstances necessitating such amendment and also the amendment to be made in the Declaration sought to be amended.
(2) The fresh Declaration referred to in sub-rule (1) of rule 5 shall be signed and verified by the
sole owner or all the owners or majority of the owners, as the case may be, in the manner laid down in clause (b) of sub-rule (1) of rule 3 and submitted to the Competent Authority in accordance with the procedure laid down in sub-rule
(2) of rule 3.

(3) When after submission of the fresh Declaration and the application for amendment, the
Competent Authority, after following the procedure laid down in clause (a) of sub-section (2) of section 10A records an order under clause (b) of sub-section (2) of section 10A accepting the
amendment it shall make in the manner laid down in sub-rule (3) of rule 3 an endorsement on the
body of the fresh Declaration submitted along with the application for amendment and return to the
declarant or all the declarants, as the case may be, that Declaration along with its enclosures in
the manner laid down in sub-rule (3) of rule 3 and the declarant or all the declarant, as the case
may be, shall get that Declaration duly registered in strict conformity with the provisions of
sub-rule (3) of rule 3 and shall further comply with the provisions of sub-rule (4) of rule 3.
(4) When the Competent Authority after following the procedure laid down in clause (a) of
sub-section (2) of section 10A records an order under Clause (b) of sub-section (2) of section 10A
rejecting the amendment the person aggrieved by such order of rejection may, in strict conformity
with the provisions of sub-section (3) of section 10A, prefer an appeal to the State Government
from such order.
(5) When an appeal is preferred as aforesaid the State Government shall call for the relevant
records from the Competent Authority, and shall, after hearing the parties, by an order in writing
giving reasons therefor, allow or dismiss the appeal and shall, after such disposal of the appeal,
forthwith return the records along with a copy of that order to the Competent Authority.
(6) When by the appellate order the amendment is accepted, the Competent Authority on getting back
the records from the State Government shall make an endorsement on the body of the said fresh Declaration and return the same together with its enclosures in the manner laid down in sub-rule (7) of rule 3 and the declarant or all the declarants, as the case may be, shall get the fresh Declaration registered in accordance with the provisions of that sub-rule.

Execution and registration of an instrument referred to in sub-clause (ii) of clause (b) of sub-section (3) of section 4-

(1) The instrument referred to in sub-clause (ii) of clause (b) of sub- section (3) of section 4 shall-
(a) be executed in Form C by the owner of an apartment within thirty days from the date of
execution of the deed of purchase or the deed of lease under which such owner acquires his interest
in such apartment, and
(b) be signed and verified by such owner in the manner laid down in clause (b) of sub-rule (1) of
rule 3.
(2) After such instrument is executed as aforesaid the same shall be submitted to the Competent
Authority in accordance with the procedure laid down in sub-rule (2) of rule 3.
(3) When on receipt of such instrument the Competent Authority after following the procedure laid down in clause (a) of sub-section
(2) of section 10A records an order under clause (b) of sub-section
(2) of section 10A accepting the instrument and in terms of clause
(c) of subsection (2) of section 10A returns the instrument along with its enclosures to such
owner, it shall make in the manner laid down in sub-rule (3) of rule 3 an endorsement on the body
of the instrument and return to the said owner that instrument along with all its enclosures in the
manner laid down in sub-rule (3) of rule 3 and such owner shall get the instrument duly registered in strict compliance with the provisions of
sub-rule (3) of rule 3 and shall further comply with the provisions of sub-rule (4) of rule 3.
(4) When the Competent Authority after following the procedure laid down in clause (a) of
sub-section (2) of section 10A records an order under clause (b) of sub-section (2) of section 10A
rejecting the instrument, the person aggrieved by such order of rejection, in strict conformity
with the provisions of sub-section (3) of section 10A, prefer an appeal to the State Government
from such order.
(5) When an appeal is preferred as aforesaid, the State Government shall call for the relevant
records from the Competent Authority, and after hearing the parties shall, by an order in writing
giving reasons thereof, allow or dismiss the appeal and after such disposal of the appeal shall
forthwith return the records along with a copy of that order to the Competent Authority.
(6) When by the appellate order the instrument is accepted, the Competent Authority on getting back
the records from the State Government shall in the manner laid down in sub-rule (7) of rule 3 make
an endorsement on the body of the instrument and return the same together with its enclosures to
the executant or executants, as the case may be, of the instrument who shall, thereupon, get the
instrument duly registered in strict conformity with the provisions of sub-rule (3) of rule 3 and
shall further comply with the provisions of sub-rule (4) of rule 3.