Section 5 in West Bengal Apartment Ownership Rules, 1974
5. 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 majority of the owners of any property, such sole owner 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 majority of the owners, as the case may be, in the manner laid down in clause (b) of sub-rule (1) of Apartment-2 rule 3 and submitted to the Competent Authority in accordance with the procedure laid down in sub-rule (2) of rule 3.] [Substituted by Notification No. 573-RIV/IR-2002, dated 31st July, 2003 w.e.f. 02.08.2003.](3)When after submission of the 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 10A records an order under clause (a) 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 declarant, 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 declarant, as the case may be, shall get the fresh Declaration registered in accordance with the provisions of that sub-rule.
