Section 6 in West Bengal Apartment Ownership Rules, 1974
6. Execution and registration of an instrument referred to in sub-clause (ii) of clause (b) of sub-section (3) of section 4.
(1) The instrument referred to in sub-clause (ii) of clause (b) of sub-section (3) of section 4 shall-(a)be executed in Form C by the owner of an apartment within thirty days from the date of execution of the deed of purchase or the deed of lease under which such owner acquires his interest in such apartment, and(b)be signed and verified by such owner in the manner laid down in clause (b) of sub-rule (1) of rule 3.(2)After such instrument is executed as aforesaid the same shall be submitted to the Competent Authority in accordance with the ,procedure laid down in sub-rule (2) of rule 3.(3)When on receipt of such instrument 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 instrument and in terms of clause (c) of subsection (2) of section 10A returns the instrument along with its enclosures to such owner, it shall make in the manner laid down in sub-rule (3) of rule 3 an endorsement on the body of the instrument and return to the said owner that instrument along with all its enclosures in the manner laid down in sub-rule (3) of rule 3 and such owner shall get the instrument duly registered in strict compliance 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 instrument, the person aggrieved by such order of rejection, 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 after hearing the parties shall, by an order in writing giving reasons thereof, allow or dismiss the appeal and after such disposal of the appeal shall forthwith return the records along with a copy of that order to the Competent Authority.(6)When by the appellate order the instrument is accepted, the Competent Authority on getting back the records from the State Government shall in the manner laid down in sub-rule (7) of rule 3 make an endorsement on the body of the instrument and return the same together with its enclosures to the executant or executant, as the case may be, of the instrument who shall, thereupon, get the instrument 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.FormsFormaDeclaration under Section 2, read with Section 10 of the West Bengal Apartment Ownership Act, 1972[See sub-rule (1) of rule 3 and sub-rule (1) of rule 5 ]
