Section 3 in West Bengal Apartment Ownership Rules, 1974
3. The form and manner in which the Declaration referred to in section 2(1) of section 10 and section 10A shall be submitted to the Competent Authority.
[(l) The declaration under section 2 by the sole owner 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 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.] [Substituted by Notification No. 572-HIV/IR-2002, dated 31st July, 2003 w.e.f. 02.08.2003.](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 declarant's shall, within fifteen 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 treated as part of the original Declaration already accepted by the Competent Authority.] [Substituted, ibid., w.e.f. 02.08.2003.](4)After the Declaration is registered the declarant or all the declarant's, 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 declarant, 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)
