S.1 Short title, extent and commencement.-

       (1) This Act may be called the Jharkhand Apartment (Property Regulation and Ownership) Act, 2005.
       (2) It shall extend to the whole of the State of Jharkhand.
       (3) This Act shall come into force at once and the 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 appointed for different areas.

S.2 Application of the Act-

       This Act shall apply to every apartment building constructed or converted into an apartment which is used or is proposed to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business be for any other type of independent uses. The sole owner or all the owners of every such building shall submit the declaration as may be prescribed in the rules made under this Act by duly executing and registering and annexing herewith a copy of instrument and transfer deed to be executed or executed as hereinafter provided in the Act:
       Provided that the State Government may exempt by· general or special order any such owner from' submitting such building to the provisions of this Act.

S.3 Definition.-

       In this Act unless the context otherwise requires:-
       (a) "Allotted" in relation to an apartment, means the person to whom ,such , apartment has been allotted, sold or otherwise transferred;
       (b) "Apartment' means a part of the property provided by the promoter developer intended for any type of independent use including one or more rooms or enclosed spaces dated on one or more floors or part or parts thereof in a building intended to be used for residence, office, practice of any profession, or for carrying on any occupation, trade or business or for any other type of independent use) and with a direct exit to public lane, street road or highway or to a common area leading to such street, road or highway for the use by the owner/owners of such apartment:
       Provided that if the basement, cellar, ga

S.4 Apartment to be heritable and transferable property.-

       .-(1) Every such person to' whom an apartment is allotted, sold or otherwise transferred by the owner/promoter either before or after the commencement of this Act, shall be entitled except as otherwise provided in this Act, on commencement of this Act and on such allotment, sale or transfer, as the case may be, to the exclusive ownership and possession of the apartment so allotted or sold or otherwise transferred to him.
       (2) Every person, who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) shall be entitled to such percentage of undivided interest in the common areas and facilities, as may be specified in the deed of apartment, and it shall be heritable and transferable property within the meaning of any law for the time being in force.
       (3) The apartment owners shall own the common areas a

S.5 Benamidar of an apartment shall be deemed to be the real owner thereof.-

       Where an apartment is transferred to one person for consideration paid or provided by any other person for his own benefit, the transferee shall notwithstanding anything in the Transfer of Property Act, 1882 or in any other law for the time being in force, be deemed to be the real owner of such apartment, and no Court shall consider any claim of the person, paying and providing the consideration for the title in such apartment on the ground that he/she did not intend to pay or provide such consideration for the benefit of the transferee and that the transferee is his binomial, or on any other ground.

S.6 Common areas and facilities-

       -(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities as per the percentage as expressed in the Declaration without hindering or encroaching upon the lawful rights of the other apartment owners. 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 and any action contrary to covenant shall be void abilities.
       (2) The percentage of the undivided interest of each apartment owner in the common area and facilities as expressed in the declaration shall have permanent character and 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 the undivided interest in the common areas and facilities shall not be sep

S.7 The developer/promoter and owner of the land to execute & Register document of transfer.-

       .-(1) Where the developer/promoter is not the owner of the land over which the apartment is to be built, the developer/promoter and the land owner shall execute and register an agreement stating all the terms and conditions of the agreement including the portion of the building and land to be shared by the developer/promoter and the land owner, The agreement document shall also include that on the completion of construction of the building project' the respective share owner· i.e. developer/promoter and the land owner, shall be absolute owner of their respective shares and they will be entitled to sell/transfer their shares separately.
       (2) The final sale/lease of the flat alongwith the common areas and common facilities i.e. common verandah and balconies, lifts, common staircase, lawns, garden land, setback areas, boundary wall, common parking areas, generators, fire fighting equip

S.8 Apartment to be heritable and transferable subject to the provision of this Act.-

       An Apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment shall constitute, for all purpose, a heritable and transferable immovable property within the meaning of any law for the time being in force. An apartment owner may transfer his apartment together with the percentage of undivided interest in the common area & facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any manner whatsoever in the same manner, to the same extent and subject to same rights, privileges, obligations, liabilities, investigations, legal proceedings or remedy and penalty, forfeitures or punishment as may be in any other immovable property or he make a bequest of the same under the laws applicable to the· transfer and succession of immovable property. The promoter shall neither impose any condition on such transfer in the agreement of sale

S.9 Ownership of Apartment.-

       .-(1) Each apartment owner shall be entitled to the exclusive ownership and possession of his/her apartment in accordance with the declaration executed and registered as required by Section 2 of this Act,
       (2) Each Apartment owner shall execute and register a deed of transfer of apartment in relation to his/her apartment in the manner prescribed for this purpose.

S.10 Certain works prohibited.-

       No apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or would reduce the value thereof or impair any easement or hereditament nor any Apartment owner shall add any material structure or excavate any additional basement or cellar without first obtaining the consent, in writing of all other apartment owners.

S.11 Encumbrances against apartment, its removal of encumbrances and effect of part payment.-

       .-(1) During the period of existence of the property subject to the provisions of this Act no encumbrance of any nature shall be created against the property:
       Provided that during the said period encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment in the same manner & under the same conditions in every respect as encumbrances may arise or be created " upon or against any other separate parcel of property subject to individual ownership:
       Provided further that, if during the said period any encumbrance has arisen or has been created against such apartment and the percentage of undivided interest in the common areas and facilities, appurtenant to such apartment, no apartment and such percentage of undivided interest shall b

S.12 Common profits and expenses.-

       The common profits and expenses of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.

S.13 Contents of deed of apartment.-

       .-(1) Whenever any allotment, sale or other' transfer of an apartment is made by the promoter to the allotted, the promoter and the allotted, as the party of the first part and the party of the second part respectively, within three months from the date of allotment, sale or transfer shall execute and register a Deed of apartment containing the following particulars namely:-
       (a) The name, address and other particulars of the promoter and the Allotted;
       (b) Full description of the land on which the building and. common areas and facilities situated or are to be situated and whether the land is freehold or leasehold, and if leasehold the period of such lease and postal address of the property;
       (c) The details of floor plan of the building showing the lay-out and location of the apartment stating

S.15 A declaration or an instrument to be submitted before the competent authority and to be dealt with by him.-

       .-(1) Any declaration referred to in Section 2 or any amendment relating thereto or any instrument referred to in sub-section (4) of Section 4 in the first instance be submitted in duplicate within fifteen days from the date of its execution to the competent authority of the area alongwith copies of site plans, building plans and relevant title deeds.
       (2) On receipt of a declaration or an amendment thereto or an instrument referred to in sub-section (1) the competent authority shall:
       (a) After issuing notices to the parties concerned and after holding inquiry, if any, as he may consider necessary for the purpose, examine the declaration, the amendment or the instrument, as the case may be, to ascertain whether;
       (i) the property concerned comes with this Act or not, and
   &n

S.16 Enforcement of Transfer.-

       .-(1) If the promoter or the owner of the apartment as the case may be, fails to execute a deed of apartment or an endorsement thereon, within three months of the date on which possession of the' apartment is given or where the competent authority or the State Government has granted extension of period, on expiry of ,such extended period, the competent authority may either on a complaint or suo-mota impose a penalty upto maximum of five thousand rupees per apartment and also may impose minimum penalty for each apartment of one hundred rupees for every day if the default continues, and the penalty may be recovered as an arrears of land revenue. This penalty shall be in addition to any action under the Stamp Act or Registration Act, 1908.
       (2) On the failure of the promoter to execute the deed of apartment within the time stated above in sub-section (1), the allotted may make an appli

S.17 Recording of Succession.-

(1) Whenever any successor gets an apartment or part thereof, by succession, the successor shall within a period of six months from the date of such succession, make an application to the Local Authority or Revenue Authority for recording such succession on the certified copy of the deed of apartment and if there is a dispute as to the succession of the apartment, the local authority shall decide the same.

S.18 Bye-laws.-

       .-(1) Every property shall be administered in accordance with the byelaws as may be framed by the Association of Apartment Owners and a copy of Bye-laws shall be filed in the office of the competent authority.
       (2) The bye-laws shall also provide the provisions relating to following matters namely:(a) The manner of the constitution of the association of the apartment owners, the election of a Board of Managers from among the apartment owners, the number of persons constituting the board, the numbers of members of such board to retire annually, the power and duties of the Board, the honorarium, if any, for the members of the Board, the method of removal from office of the Members of the Board, the powers of the Board to engage the services of a Secretary or Manager and Delegation of powers and duties to such Secretary or Manager;
       (b) Metho

S.19 Separate Assessment.-

       Notwithstanding anything contrary to any other law for the time being in force, each apartment of a property, (including its percentage of the undivided interest in the common areas and facilities thereof) the owner of which does not own any other apartment, shall be deemed to be a separate unit for the purpose of assessment of municipal rates and taxes. .

S.20 Charges on property for common expenses.-

AII sums assessed by the Association of Apartment Owners for the share of the common expenses chargeable on any apartment shall be first charges on such apartment for the payment of Municipal rates and taxes prior to all other charges, except other statutory charges.

S.21 Liability for unpaid Common expenses on the sale of an apartment.-

The purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessment against the latter for his share of the common expenses upto time of sale.

S.22 Penalty.-

       .-(1) If the owner of any apartment, subject to the provisions of this Act; contravenes-
       (a) any of the provisions of the Act; or
       (b) any bye-laws that may be framed by the competent Authority; or
       (c) any covenant, condition or restriction, set forth in the declaration to which he is subject to, or a party or if such owner stands in the way of submitting the property according to the provisions of this Act and, does not furnish the particulars or documents as required for execution of the declaration in accordance with the provisions of Section 15 and the Rules made under this Act, he shall, at the instance of the Manager or the Board of Managers on behalf of the association of the apartment owners, or aggrieved owner or in a proper case, the competent authority, on conviction before a Mag

S.23 General instruction.-

       If the Association of Apartment Owners, having right to be exercised by the Manager or the Board of Managers fails to perform its functions under this Act or the Rules made thereunder, the Competent Authority may give such direction as he may consider proper.

S.24 Power to make rules.-

       The State Government by notification in Official ' Gazette, may make rules for carrying out the provisions of this Act.

S.25 Powers and duties of the Competent Authority.-

       .-(1) The competent authority shall have the following powers and duties:
       (a) to permit further time to the promoter to execute deed of apartment;
       (b) to receive the certified copies relating to declaration instruments or un'· detaching, deeds of lease, document of transfer of apartment and management and endorsements thereon and hire purchase agreement;
       (c) to impose penalty upon developers, promoters, owners for any delay or failure to execute instruments in favour of purchasers of apartment, to issue certificate to Registration Officer;
       (d) to direct association of apartment owners to repair damaged property and to, allow further time to an association of apartment owners to repair, reconstruct or re-build a property which is damaged/destroyed;

S.26 Appellate Authority and Appeals.-

       .-(1) The Commissioner of the Division will be the Appellate Authority who will hear appeals against the orders of the Competent Authority.
       (2) Any person aggrieved by an order of the Competent Authority under this Act, may within a period of thirty days of the communication of the order to him, prefer an appeal to the Appellate Authority in such form and manner as may be prescribed.
       (3) The Appellate Authority, after giving opportunity to be heard to the parties, may pass such order, as Appellate Authority shall deem fit, either confirming, modifying or setting aside the order of the Competent Authority, and shall record its reasons in writing. The order of the Appellate Authority shall be final and conclusive.
       (4) In discharging its functions, the Appellate Authority shall have all the· powe

S.27 Bar of jurisdiction.-

       No Civil Court shall have jurisdiction to entertain or decide any question relating to the matters arising under this Act or the Rules made thereunder. Every order passed by the Competent Authority subject to Appeal or revision and every order passed by the Appellate Authority shall be final.

S.28 Control.-

If an Association of Apartment Owners, Managers or Board of Managers is not performing its function, the Competent Authority may give suitable directions.

S.29 No waiver of Liability.-

No Apartment owner may exempt himself/herself from liability for his/her contribution towards the common expenses, by waiver of use or enjoyment of any of the common areas and facilities or by the abandonment of his/her apartment.

S.30 Liability on transfer etc.-

Upon the sale, bequests or other transfer of an apartment, by a vendor or transferor to the purchaser of the grantee or legatee or other transferee as the case may be, the . latter shall be jointly and severally liable with the former for all unpaid assessment charges against the former for his/her share of the common expenses upto the time of sale, bequest or other transfer without prejudice to the right of the latter to recover from the former any assessment transferred by the latter.

S.31 Act to be binding on apartment owners.-

All apartment owners, tenant of such owners, employees of owners and tenants or any other person who may in any manner use property or any part thereof submitted under the provisions of this Act, shall be subject to this Act and to the declaration and the Bye-Laws of the Association of Apartment Owners adapted pursuant to the provisions of this Act. All agreements decisions and determination lawfully made by the Association of Apartment Owners in accordance with the declaration or bye-laws shall be deemed to be binding on all apartment owners.

S.32 Removal of Doubts

For the removable of doubt it is hereby declared that the provisions of the Transfer of Property Act, 1882 shall, insofar as they are not inconsistent with the provisions of this Act, apply to every apartment and, its undivided interest in the common areas and facilities appurtenant to such apartment as those provisions apply in relation to any immovable property, and notwithstanding anything contrary to any contract the provisions of this Act shall take effect.