State of Punjab - Act
The Punjab Apartment Ownership Rules, 1995
PUNJAB
India
India
The Punjab Apartment Ownership Rules, 1995
Rule THE-PUNJAB-APARTMENT-OWNERSHIP-RULES-1995 of 1995
- Published on 1 December 1995
- Commenced on 1 December 1995
- [This is the version of this document from 1 December 1995.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-3. Percentage of interest in case of non-residential apartments.
- The percentage of undivided interest of each apartment in a building wholly or partly put to non-residential use, shall be the ratio of the floor area of each apartment to the total floor area of all the apartments of the building, and in respect of the limited common areas and facilities reserved for the use of certain apartments to the exclusion of other apartments, such percentage shall be the ratio of the floor area of the apartment to the total floor area of those apartments for which the use is reserved. [Sections 4(2) and 38(2)(a).]4. Undertaking to be filed by the person acquiring an apartment.
- A person acquiring an apartment from any apartment owner by way of gift, exchange, purchase or otherwise or taking lease of an apartment from an apartment owner, shall within ninety days of such transfer file an undertaking in Form 'A' with the Competent Authority to comply with the covenants, conditions and restrictions subject to which such apartment is owned by the apartment owner. [Sections 9(b) and 38(2)(b).]5. Composition fee.
- The composition fee payable under sub-section (3) of section 12 shall be paid by the sub-lessee to the lessee at the same rate at which it is payable by the lessee to the lessor for similar breach of terms and conditions of lease:Provided that any deviation from the sanctioned plan in respect of the structural design and any change of use of apartment other than the use for which the apartment has been allotted shall not be compoundable. [Sections 12(3) and 38(2)(c).]6. Application to be made to the competent authority for issuing certificate.
- An application to the competent authority under sub-sections (3) (4) or (5) of Section 15, as the case may be, for obtaining a certificate to be produced before the registering officer for enforcing registration shall be made by the transferee or the apartment owner as the case may be in Form B.[Sections 15(3) and 38(2)(b).7. Form of Register of deeds and of index thereto referred to in sub-section (3) of section 16
8. Registration Certificate.
- A registration certificate to a promoter under sub-section (3) of Section 17, shall be granted by the competent authority in Form E'. [Sections 17(3) and 38(2)(h).]9. Model Bye-laws.
- The model bye-laws of an association shall be in the form set out in the Schedule to these rules. [Sections 20 and 38(2)(e).]10. Powers of Civil Court to be conferred on competent authority.
- In discharging its functions under the Act, the competent authority shall, in addition to the powers of a civil court conferred on it under section 32, have also the powers of the civil court exercisable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of such matters as the State Government may specify by notification from time to time. [Sections 32(2)(f) and 38(2)(f).]11. Form and manner of appeal.
1. ________________________
2. ________________________
This _________________ day of ______________ at _________________.Signatures.Form 'B'[See rule 6]Form of application for enforcing the registration of transferToThe Competent Authority, __________________________Sir,I/We beg to apply for issuing a certificate to be produced before the registering Officer concerned for enforcing the registration of conveyance/endorsement on the conveyance deed/sub-lease as the case may be in my/our name in pursuance of the agreement of sale/sub-lease made between the promoter/apartment owner and me/us.The requisite particulars are given hereunder :-1. Name of the applicant.
2. Father's Name.
3. Address for correspondence.
4. Number and location of apartment.
5. Area of apartment in square metres, in possession of the applicant
6. Consideration money paid.
7. Details of agreement of Sale/Hire purchase (enclose copy of the agreement of sale/Hire-purchase).
8. Name of the promoter/Apartment Owner.
9. Date of agreement_____________________.
10. Name and designation of the authority verifying or certifying the agreement.
11. Any other particulars.
Dated:Place:Yours faithfully,( )Form 'C[See rule 7(1)]Register of Deed of Apartments1. Name of Building
2. Street/Road number where the building is situated.
3. Town and Path/Divisions of land on which the building is constructed/Hadbast number/Khasra number.
4. Floor of the building.
5. Apartment number shown in the plans.
6. Floor area of the apartment.
7. District and Tehsil in which the Deed of conveyance of the Apartment is registered.
| Serial No. | Name of apartment owner | Address of Apartment Owner | Percentage of undivided interest in common areas andfacilities | Date of conveyance of apartment | Date of application for registration of conveyance deed ofapartment | Price of apartment settled | Date of payment of price | Date of registration of deed of apartment |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Name of the executing party | Place of residence | Name of building and its situation | Apartment number, floor of the building and name of thebuilding | Nature of conveyance deed of apartment and consideration | Date of execution | Registration | Serial number, volume and page | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |