Section 3 in The Bihar Apartment Ownership Rules, 2004
3.
No person/group of persons i.e., Land owner/Land owners/Promoter/ Promoters/Developer/Developers within the State of Bihar shall-(a)Erect Apartment or a building or a part of apartment or building.(b)Re-erect or make any material alteration of any building/apartment.(c)Develop or redevelop any piece of land for construction of an apartment/ building (Meaning of Apartment and building as defined in sub-section-(b) of section 3 & sub-section (f) of section-3).Without submission of the declaration before competent authority as referred in section 2 and sub-section (I) of section 3 read which section 14 of the Act in following manner:-(i)The declaration referred to in section 2, section 14 and section 15 of the [Bihar Apartment Ownership Act 2004] [Now, Bihar Apartment Ownership Act, 2006.], by the sole owner and owners, as the case may be, of property shall be executed in Form A appended to this Rule and it(ii)shall be signed and verified by the sole owner or all the owners, as case may be, in presence of the first class magistrate or any other officer competent to administer the oath.(iii)Such declaration, after signed and verified in the aforesaid manner, shall be in strict conformity with provisions of sub-section (1) of section 15 and submitted to the competent Authority.(iv)On receipt of such declaration, the competent Authority, after following the procedure prescribed in clause (a) of sub-section (2) of section 15, shall record an order under clause (b) of sub-section (2) of section 15 in writing giving reason therefor accepting or rejecting the declaration or any amendment in the declaration.(v)In case of accepting the declaration, the competent Authority shall make an endorsement on the declaration, testifying to the fact of acceptance of the declaration and put his signature with date & seal. Thereafter, the Competent Authority, in accordance with Clause (c) of sub-section (2) of section 15 shall return the declaration paper along with enclosures to the declarant or all the declarants, as the case may be. Such declarant or declarants, as the case may be, shall present the declaration within 15 days from the date of return under Registration Act, 1908 to the office of Registrar having the jurisdiction for Registration.(vi)After registration of the declaration, the declarant or all the declarants, as the case may be, shall forthwith report in writing to the competent Authority with a copy of registered declaration.(vii)In case of rejection of declaration, the competent Authority shall make an order in writing giving reason therefor and the person aggrieved by such order of rejection may, in strict conformity with the provision of sub-section (6) of section 15, prefer an appeal to the Appellate Authority within 30 days from the date of rejection of declaration.(viii)On appeal, the Appellate Authority shall call for the relevant records from the competent Authority and shall, after hearing the parties, allow or dismiss the appeal with reasons to be recorded in writing and after disposal of such appeal, forthwith return the records along with a copy of that order to the competent Authority.(ix)Where, the declaration is accepted, by the appellate Authority, the competent Authority shall on receiving of the records from the Appellate Authority and after making an endorsement on the body of the declaration paper, forthwith return the declaration together with its enclosures to the declarant or the declarants, as the case may be, and shall thereupon, get the declaration registered under the Registration Act, 1908 in the office of Registrar having jurisdiction.(x)Any declaration may be amended under clause (b) of sub-section (2) of section 15, in any of the following circumstances-(a)When there is any bonafide mistake in the declaration;(b)Any alteration in the description or nature of the property or any part thereof relating to declaration is found; or(c)When subject to the approval of the competent Authority, an amendment is necessary for the purpose of carrying out the provisions of this Act;(xi)(a)Sole owner or all the owners, as the case may be, shall submit to the competent Authority, a fresh declaration in Form A superscribed "Amended declaration" containing all required amendments in place of the portion to be amended.Such fresh declaration shall be accompanied by an Application for amendment in Form B and the circumstances due to which it is essential to amend the declaration, shall be stated clearly.(b)The fresh declaration referred to above in sub-clause (xi) (a) of clause (c) of Rule 3 shall be signed and verified by the sole owner or all the owners, as the case may be, in the manner laid down in above sub-clause (xi) (a) of clause (e) of Rule 3 and submitted to the competent Authority in accordance with the procedure laid down in sub-clause (iii) of Clause (c) of Rule 3.(c)After submission of fresh declaration and the application for amendment, the competent authority, after following the procedure laid down in clause (b) of sub-section (2) of section 15 of the Act, record an order under clause (a) of sub-section (2) of section 15 accepting the amendment, in the manner prescribed in clause (c) 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 endorsement in the manner laid down in sub-rule (iii) of Rule 3 and declarant or all the declarants, as the case may be, shall get that declaration duly registered, in strict conformity with the provision of sub-rule-(iii) of Rule 3 and shall further comply with the provisions of sub-rule (iv) of Rule 3.(d)When the competent authority, after following the procedure laid down in clause (a) of sub-section (2) of Section 15 of the Act records an order under clause (b) of sub-section (2) of Section 15 of the Act rejecting the proposed amendment, the person aggrieved by such order of rejection may, in strict conformity with the provisions of sub-section (6) of Section 15, of the Act prefer an appeal to the appellate authority against such order within thirty days from the date of order rejecting proposed amendment.(e)When an appeal is preferred in the aforesaid manner, the appellate authority shall call for the relevant records from the competent authority and shall, after hearing the parties, by an order in writing giving reason therefor, allow or dismiss the appeal and shall after disposal of the appeal, forthwith return the records along with a copy of that order to the competent authority.(f)When by the appellate order, the proposed amendment is accepted, the competent authority, on getting back the records from the court of appellate authority, shall make an endorsement on the body of the said fresh declaration and return the same to the sole declarant or all the declarants together with its enclosures in the manner prescribed in sub-clause (c) of clause (xi) of rule 3 and the declarant or all the declarants, as the case may be, shall get the fresh declaration registered in accordance with sub-clause (c) of Clause (xi) of Rule 3.
