Section 4 in The Bihar Apartment Ownership Rules, 2004
4. Execution and registration of an instrument referred to in subsection (4) of Section 4 of the Act.
(1)The instrument referred to sub-section (4) of Section 4 of the Act, shall be executed in Form C by the owner/owners of the apartment within 30 days from the date of execution of deed of purchase or the deed of lease transfer by which such owner/owners have acquired his/their interest in such apartment and shall be signed and verified by such owner/owners in the manner prescribed in sub-clause (ii) of clause (c) of Rule 3.(2)After such instrument is executed in the aforesaid manner, the same shall be submitted to the competent authority in accordance with the procedure prescribed in sub-clause (iii) of clause (c) of Rule 3.(3)When on receipt of such instrument, the competent authority, after following the procedure prescribed 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 accepting the instrument and in terms of clause (c) of sub-section (2) of Section 15 of the Act, return the instrument along with its enclosures to such owner/owners with endorsement on the body of the instrument, the owner/owners shall get the accepted instruments (as above) duly registered under the provisions of sub-clause (ix) of clause (c) of Rule 3.(4)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 (6) of sub-section 2 of Section 15 of the Act, rejecting the instrument, the person aggrieved by such order of rejection, (sub-section 6 of Section 15 of the Act) may prefer an appeal under the provisions, sub-section 6 of Section 15 of the Act, to the Appellate Authority within 30 days from the date of rejection by the competent Authority.(5)When aforesaid appeal is preferred, the appellate authority shall call for the relevant records from the competent Authority, and after hearing the parties, pass an order in writing giving reason therefor, allow or dismiss the appeal and after disposal of such appeal shall forthwith return the records alongwith a copy of that order to the competent Authority.(6)Where under an appellate order the instrument is accepted, the competent Authority, on getting back the records from the Appellate Authority, shall in the manner laid down in sub-clause (ii) of clause (c) of Rule 3, return the same together with its enclosures to the executant/executants, as the case may be, who shall, thereupon, get the instruments duly registered under sub-clause (xi) of clause (c) of Rule 3 and shall further comply with the provision of sub-clause (vi) of clause (c) of Rule 3.
