West Ben. Act XVI of 1972.

notifications · 1972 · West Bengal

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Parent: The West Bengal Apartment Ownership Act, 1972 (afc0766fd6de42f8acb523ae5a7841dbbad54e24)

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West Ben. Act XVI of 1972. GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XL of 1974 THE WEST BENGAL APARTMENT OWNERSHIP (AMENDMENT) ACT, 1974. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 1st October, 1974.] [1st October, 1974.] An Act to amend the West Bengal Apartment Ownership Act, 1972. WHEREAS it is expedient to amend the West Bengal Apartment Ownership Act, 1972, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Twenty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:— I. This Act-may be called the West Bengal Apartment Ownership (Amendment) Act, 1974. 2. In section 2 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the said Act), in the proviso, for the word "actually", the word "mainly" shall be substituted. 3. In section 3 of the said Act,— (1) in clause (c), after the words "four or more apartments", the words "or more than one building each containing four or more apartments comprised in the same property" shall be added, (2) in sub-clause (3) of clause (d), after the words "gardens, parking areas", the words ", shopping centres, schools, garages" shall be inserted, and (3) after clause (i), the following clause shall be inserted, namely:— Va) "owner", in relation to a property or part thereof or an apartment, includes, for the purposes of this Act excepting the provisions of sub-section (1) of section 4 thereof, a lessee of such property or part or of such apartment, where the lease is for a period of thirty years or more; Short title. Amendment of section 2 of West Ben. Act XVI of 1972. Amendment of section 3. Insertion of new section 3A. Amendment of sect

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2 · In section 2 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the said Act), in the proviso, for the word "actually", the word "mainly" shall be substituted.

3 · In section 3 of the said Act,—

4 · After section 3 of the said Act, the following section shall be inserted, namely:—

3A · Where a Co-Operative Society is the owner in respect of a property or part thereof, a member of such society in legal occupation of an apartment comprised in such property or such part shall be deemed to be the owner of such apartment within the meaning of the provisions of this Act excepting those of sub-section (1) of section 4 thereof.".

5 · After sub-section (2) of section 4 of the said Act, the following sub-section shall be inserted, namely:—

6 · After section 4 of the said Act, the following section shall be inserted, namely:—

4A · Where an apartment is transferred to one person for a consideration paid or provided by another person for his won benefit, the transferee shall, notwithstanding anything in the Transfer of Property Act, 1882, or in the Indian Trusts Act, 1882, or in any other law for the time being in force, be deemed to be the real owner of such appartment, and no Court shall entertain any claim of the person, paying or providing the consideration, for title in such apartment on the ground that he did not intend to pay or provide such consideration for the benefit of the transferee and that the transferee is his benamdar, or on any other ground.".

4 · of 1882.

2 · of 1882.

7 · After section inserted, namely:— 10 of the said Act, the following section shall be

10A · (1) Any Declaration referred to in section 2 or any amendment thereto or any instrument referred to in sub-section (3) of section 4, shall, in the first instance, be submitted, in duplicate, within fifteen days from the date of its execution, to the competent authority along with copies of site plans, building plans and relevant title deeds.

8 · In sub-section (1) of section 12 of the said Act, after the words "referred to in section 11", the words "or the instrument referred to in sub-section (3) of section 4" shall be inserted.

10 · After section 16 of the said Act, the following section shall be inserted, namely:—